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Native Plant Law

Protecting and preserving our natural wonders

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Native Plant Law: FAQ

What are Protected Native Plants?

Nowhere in the United States are there more rare and unusual native plants than in Arizona. Most of them are many years old and cannot be replaced. Many people desire to use these "wonders of nature" in their landscaping. However, most of these plants are protected by law. Also, all land in the State of Arizona belongs to someone, whether it be a government agency or a private citizen. Plants cannot be removed from any lands without permission of the owner and a permit from the Department of Agriculture. Lessees of State or federal land must obtain specific authorization from the landlord agency to remove protected native plants.

What are my rights as a Landowner?

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Landowners have the right to destroy or remove plants growing on their land, but 20 to 60 days prior to the destruction of any protected native plants, landowners are required to notify the Arizona Department of Agriculture. The landowner also has the right to sell or give away any plant growing on the land. However, protected native plants may not be legally possessed, taken or transported from the growing site without a permit from the Arizona Department of Agriculture.

What should I do if I want to remove native plants from my property?

Before removing or destroying any native plants located on your property, schedule a Native Plant Survey with Ocotillo Joe, LLC. This survey will catalog and identify the number and species of plants to be removed.

 In many cases, we will either remove the plants for a small fee, remove the plants at no charge, or pay the client a small fee for said plants. 

Native Plant Law is designed to prevent wild plant theft, and keeps plants alive that would otherwise be destroyed as our cities grow. It is an important part of protecting and integrating our fragile desert ecosystem.

Read more by clicking the links below!

Arizona Department of Agriculture:

Native Plant Law
Native Plant Law: Welcome
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