10 why is it illegal to cut down a saguaro cactus Ideas

In the quiet, gated Las Sendas community where dozens of multimillion-dollar homes sit by a regional park in Mesa, a controversy between neighbors and a home builder sparked confusion about native plants laws in the city and the state.

The dispute started when a longtime builder began construction on a custom home in December after his submitted plans for a residential lot were approved. The desert uplands area with plants like saguaros, barrel cactus and ironwood trees has remained untouched for years. 

Upset, neighbors contacted the city and gave a petition with signatures from 24 households to the Las Sendas Community Association after they witnessed multiple saguaros on the lot torn down. The owner and builder, Luigi Micela, said he was unable to salvage the saguaros because they were in a wash.

On federal land such as Saguaro National Park, it’s illegal to remove any plant, including saguaros, according to the National Park Service. As for state, tribal or private land, removal or destruction of saguaros in Arizona is illegal without the landowner’s permission and a permit. 

Many municipalities also have additional requirements to protect and preserve native plants on private land.

Neighbors, who said they took the required steps to protect and pay for the saguaros and native plants for their own homes, said they don’t believe the owner tried his best to salvage the saguaros or other native plants on the lot.

“We were a little taken back, didn’t think that was appropriate, didn’t think that that was what the protection plan of protected plants in the desert highlands,” said Tyler Smith, who lives next door to the lot.

What is Arizona law on destroying saguaros? 

Saguaros, which can reach up to 50 feet, are found exclusively in the Sonoran Desert and have an average lifespan of 150 to 175 years. They are iconic in Arizona and are one of many protected plants under Arizona’s native plant law. Some of the biggest threats to saguaros are the growing human population, land development, theft and vandalism, according to the National Park Service.

Destruction or theft of a saguaro is illegal under state law and can result in fines and a class 4 felony.

Landowners have the right to destroy or remove plants on their land, but only if the land is privately owned, the protected plants are not taken off the land or offered for sale, and the state was notified of intended destruction 20 to 60 days before the plants were destroyed, according to Arizona law.

“The individual builders are going to take like 1.3 acres and — just not knowing about the law — they just go ahead and blade it,” said Scott Schade, an investigator for the Arizona Department of Agriculture.

“The reason for the law is so we can just give them other ideas, they can move plants on property, they can sell them off the property, there’s a lot of other things they can do.”

What happened on lot near Mesa’s edge

In cities like Scottsdale, Phoenix and Mesa, landowners are required to submit a plant inventory in addition to notifying the Department of Agriculture of intended destruction.

Mesa also has guidelines for the desert-upland area in the northwest part of the city that requires open areas to “reflect the character of the undisturbed desert.” 

In addition to city requirements, the Las Sendas Community Association also conducts a “rigorous” architectural review process for new construction, the organization said in a statement.

As a longtime homebuilder in the Las Sendas area, Micela told The Republic he started construction after he received approval from the association and city.

Micela said he has followed the same process for 21 years without issue. Micela Properties has completed more than 200 projects, mostly luxury homes, in metro Phoenix, according to its website. 

According to city planning documents, Micela’s lot is just above an acre. This means the Department of Agriculture should have been notified at least 30 days before destruction, according to Arizona law and Schade. 

Micela said he did not notify the Department of Agriculture about the construction since his plans received approval from the city and association. 

For land under 10 acres, landowners do not need to notify the state before destruction of saguaros if initial construction has already occurred, but neighbors said the lot was untouched prior to construction.

He blamed a wash and a major grade change through the lot, which he’s owned for 18 years. 

“We couldn’t get the machines back in there to do it correctly,” he said.

So heavy machinery bulldozed the saguaros, pulling off their arms and knocking them over. Micela says only about three were demolished, but it’s a point of debate. 

Neighbors said they believe more than 10 saguaros were destroyed, but the city said they do not know how many saguaros were previously on the lot.

About seven or more saguaros were left untouched, but neighbors say other plants were destroyed as well. 

Builder says he followed this process for 21 years

Las Sendas Community Association said it approved his plans and, after Micela met with them and the city, agreed the saguaros could not be relocated. But the city has the final say. 

According to the city of Mesa, initial plans for the Las Sendas lot they approved did not include saguaros. A city spokesperson said they did not learn about the saguaros until community members contacted them about the destruction in December. 

As a result, the city required Micela to submit a revised landscape plan that has him replace five to six saguaros, which is about how many saguaros he told the city were destroyed during initial construction, a city spokesperson said. 

What happened is not illegal. City rules are nuanced, but Micela should have included saguaros on his initial plans to the city and at least notified the state before clearing the saguaros and other native plants on his lot. A state investigator said that while Micela could face a warning, his case likely wouldn’t be a priority compared with cases such as animal abuse. 

“There’s not much we can push with that,” investigator Schade said. “What we’re basically looking for are big land clearings … builders that come out of town and clear large swaths of land and don’t report anything.” 

While neighbors may be upset, little is likely to happen.

“There needs to be some clarity on how saguaros are handled in a developed area, I think everything should be done to protect them and this was clearly not the case,” neighbor Smith said.

Not uncommon for builders to destroy saguaros

Best efforts to save protected native plants and relocate or sell them should be the first step and is what many cities encourage before resorting to destruction.

If a saguaro relocation company moves saguaros or native plants on the same lot, they do not need a permit, according to the department. But a permit is required if they plan to sell the saguaros. The 20 to 60 days notice is supposed to give enough time to harvest saguaros and other plants.

But some builders and developers in the Valley don’t always give organizations enough time to look at saguaros and other plants to see what they could sell or relocate before bulldozing them, according to advocates and a saguaro relocation company.

“I hear this story actually time and time again where someone will call me and they’ll say, ‘Hey we have a bunch of saguaros here and they’re about to bulldoze them down in two days,’ and I’m like, ‘I can’t even get the permit in two days,’” said Josh Albers, owner of Roadrunner Cactus removal.

In some cases, it’s also not possible to save saguaros if they are diseased or if they’re large, according to Albers and Richard Wiedhopf, president of the Tucson Cactus and Succulent Society. 

Wiedhopf said it can cost thousands of dollars to remove saguaros that are 15 to 20 feet tall and the survival rate is lower for relocating these saguaros. 

Micela said his company will replace saguaros that break or are dead when they tried moving them at the end of the building process. “We bring in saguaros and plant them, whatever was missing or what we could not salvage,” Micela said.  

What to know about removing saguaro cactuses from your property

Is it legal to get rid of a saguaro on private land? The answer is, it can be, if you take the right steps. 

If you’re looking to remove a saguaro from private land, here are some tips: 

• Contact your city’s planning department or visit their website for local requirements on desert and plant protections.
• If you plan to move, sell or destroy saguaros, you can find the applications for intent to clear land, protected native plants removal and blue seal permits on the Department of Agriculture website.
• Contact a trusted cactus relocation company or organization that specializes in cactus to sell or move a saguaro on your land or for education on saguaro removal.
• You may not be able to salvage all plants on the land, but a professional company can help you determine which ones are healthy or salvageable.
• Move protected plants like saguaros to a cactus garden or other space on your lot during construction.
• Cactus removal companies exist, but can cost hundreds or thousands of dollars depending on the size of the cactus. Without the proper equipment, however, it can be dangerous to remove a large saguaro. 
• If you destroy native plants like saguaros, you should try to replace what was lost with the same native plants or approved plants.

Reach the reporter at Audrey.Jensen@arizonarepublic.com or on Twitter at @Audreyj101.

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