Chopping Down a Cactus: A Felony in Arizona, But What About Your Illinois Yard?

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Chopping Down a Cactus: A Felony in Arizona, But What About Your Illinois Yard?

Arizona’s Native Plant Law (A.R.S. § 3-932) classifies removing or destroying protected native plants, including many cacti like saguaros, as theft without landowner consent, with penalties escalating by value: class 6 felony for $500–$750, up to class 4 felony for $1,500 or more. Landowners must notify the Arizona Department of Agriculture and obtain permits, tags, or seals before removing protected cacti such as saguaros over four feet tall from their original site. Violations can lead to fines, probation, or prison time due to the plants’ cultural and ecological value.

Illinois Rules

Illinois lacks specific statewide laws prohibiting cactus removal from private yards, treating plants under general property rights where owners can typically remove vegetation on their land. The Illinois Endangered Species Protection Act restricts only listed endangered or threatened plants (few cacti qualify), requiring landowner permission for removal but imposing no blanket bans on common species. Local ordinances or HOA rules under the Native Landscaping Act may apply in some areas, but they focus on protecting rather than restricting native plant removal.

Key Differences

AspectArizonaIllinois
Protected CactiMany natives (e.g., saguaro)Only endangered/threatened
Private Property RemovalPermit required Generally allowed 
PenaltiesFelony possibleCivil for trees, none specific

SOURCES

[1](https://northamericancommunityhub.com/its-illegal-to-cut-cactuses-in-arizona/)
[2](https://www.lawinfo.com/resources/criminal-defense/arizona/)
[3](https://www.azleg.gov/ars/3/00906.htm)
[4](https://legalclarity.org/illinois-tree-cutting-laws-criteria-penalties-and-legal-process/)
[5](https://news.wttw.com/2024/08/27/homeowner-associations-can-t-ban-native-plants-thanks-new-illinois-law)

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