A lot of Arizona homeowners assume they can do whatever they want with the trees on their property. Or their neighbor’s tree. Or that big mesquite hanging over the fence line. Turns out, that assumption can get expensive fast.
Arizona tree laws are a mix of state rules, city ordinances, and court decisions. Knowing the basics could save you thousands of dollars and a whole lot of neighbor drama.
What Are Arizona Tree Laws?
Arizona tree laws govern who owns a tree, who can trim it, who pays for damage, and when you need a permit to remove one. They cover everything from backyard disputes to protected native desert species.
Here’s the thing: Arizona doesn’t have one simple state law for all tree situations. Instead, the rules come from a combination of court decisions, the Arizona Native Plant Law, and local city ordinances. Pretty much every city has its own twist on the rules.
Who Actually Owns the Tree?
Wondering who owns that tree by the fence? This is where a lot of people get confused.
The answer depends on where the trunk is. If the trunk sits entirely on your property, the tree is yours. Full stop. You own it. You make the decisions. Your neighbor has no say in what happens to it.
Boundary trees are different. That’s a tree whose trunk sits right on the property line between two neighbors. In that case, both of you own it equally. Neither of you can remove or seriously damage the tree without the other’s permission. Think of it like co-owning a piece of furniture. You both need to agree.
Basic Tree Trimming Rules
Your Neighbor’s Branches Are in Your Yard
Okay, this one surprises people. You’re probably thinking your neighbor is responsible for trimming their own tree. Not exactly.
Arizona follows a legal rule established in the court case Cannon v. Dunn (1985). Under that rule, you have the right to trim any branches or roots from a neighbor’s tree that cross onto your property. You don’t even need to ask permission first.
But there are limits. You can only trim up to the property line. Not one inch beyond it. You cannot go onto your neighbor’s property to do the trimming. And you cannot damage or kill the tree in the process.
If you overtrim and the tree dies? Your neighbor may have the right to sue you for the cost of replacing that tree. A large, mature tree can cost thousands of dollars to replace. That’s not a small risk.
Who Pays for the Trimming?
You do. That’s the Arizona rule. If branches from your neighbor’s tree hang over your yard and you want them cut, the trimming is your responsibility and your expense. Your neighbor is not legally required to help you pay for it or do the work themselves.
It’s more common than you think for neighbors to be surprised by this. Most people assume the tree owner pays. They don’t, unless a court finds them negligent.
What About Fruits and Debris?
Wait, it gets better. Even if branches hang over your yard, any fruit on those branches legally belongs to the tree owner. You can trim the branch, but you have to give the fruit back. Same goes for nuts, seeds, and anything the tree produces.
Fallen leaves, twigs, and debris? That’s your problem to clean up once it lands on your side of the fence. Annoying? Yes. But that’s the law.
When a Neighbor’s Tree Causes Damage
Here’s where things get serious. What happens if your neighbor’s tree falls and crushes your fence, your car, or your roof?
In Arizona, a tree owner is generally not automatically liable for damage caused by a falling tree or branch. Honest, this surprises most people. But liability depends on negligence. Your neighbor has to have known about a problem and done nothing.
For example, if your neighbor had a visibly dead tree leaning toward your house, and you warned them about it in writing, and they ignored you, and it fell on your property… that’s a stronger case for getting them to pay for damages.
If it was a healthy tree that fell unexpectedly in a storm? You’re likely dealing with your own homeowner’s insurance. That’s the reality of Arizona law.
Hold on, this part is important. Document everything. If you see a dead or hazardous tree on your neighbor’s property, send them a written notice. Keep a copy. Take photos. That paper trail matters if things go to court later.
Protected Native Trees: A Whole Different Level
This is where Arizona law gets strict. Really strict.
Arizona has a Native Plant Law that protects certain trees and plants that grow wild in the desert. The state has 44 endangered and 21 threatened tree species on its protected list. Removing or destroying these trees without proper permits is a serious offense.
Two trees that come up constantly in Arizona neighborhoods are mesquite and palo verde. These are native desert trees. Many cities protect them specifically, especially once they reach a certain trunk diameter. In Mesa, for example, native species like mesquite and palo verde over 8 inches in trunk diameter require a permit to remove. Phoenix has similar protections for trees over 6 inches in diameter.
Honestly, this is the part most people miss entirely. They buy a property, see an old mesquite tree in the yard, grab a chainsaw, and then find out the hard way.
Arizona Native Plant Law Penalties
If you remove or destroy protected native plants without permission, you are not just looking at a small fine. The penalties under Arizona Revised Statutes Section 3-932 are significant.
Stealing or destroying protected native plants valued at $1,500 or more is a Class 4 felony. Plants valued between $750 and $1,500 fall under a Class 5 felony. Plants valued between $500 and $750 are a Class 6 felony. Under $500 in value is a Class 1 misdemeanor.
Even just moving or transporting a protected plant without the right permits is a Class 1 misdemeanor. A second offense bumps that up to a Class 6 felony.
Think of it like a traffic ticket, but much more serious. These are actual criminal charges that go on your record.
Do You Need a Permit to Remove a Tree?
This depends heavily on where in Arizona you live. There is no single statewide permit rule for all trees. It varies by city.
In Phoenix, permits are required for trees over 6 inches in trunk diameter, protected native species, and trees in the public right-of-way. Phoenix permits can take 2 to 4 weeks to be approved, and fees vary based on tree size and species.
In Scottsdale, the city has a Tree Preservation Ordinance. Most tree removals require a permit. When you remove a protected tree, you may also be required to plant replacement trees.
In Mesa, native species over 8 inches in trunk diameter and any tree in a public right-of-way require a permit.
In Payson, no person can remove a native tree over 6 inches in diameter without a permit from the Building Department.
Sound complicated? It’s actually straightforward once you know your city. Start by calling your local planning or development services department before you touch a tree. That one phone call can save you thousands.
Trees Near Roads and Sidewalks
Don’t forget this one. Arizona cities take sight lines and public safety seriously.
Most city ordinances require you to keep trees trimmed so they do not block views at intersections. They cannot hang down low enough to block pedestrian walkways. If a tree on your property is creating a hazard near a road or sidewalk, the city can require you to trim it. In some cases, they can trim it themselves and send you the bill.
Street trees, meaning trees planted in the public right-of-way between the sidewalk and street, are usually city property. Do not trim or remove them without city approval.
How to Handle a Tree Dispute With Your Neighbor
Most people assume a neighbor dispute over trees has to end in a lawsuit. It doesn’t.
Start by talking. A friendly conversation solves more tree problems than any court ever has. If you’re planning to trim overhanging branches, let your neighbor know beforehand. It costs you nothing and builds goodwill.
If talking doesn’t work, send a written notice. This documents the issue. Keep a copy. If the situation involves a hazardous tree, photograph it and date the photos.
For ongoing disputes, community mediation is available in many Arizona cities. It’s free or low cost. It keeps you out of court. Many disputes resolve there.
If all else fails, small claims court handles tree damage cases under $3,500. For larger damages, you may need to consult a property attorney.
You’re not alone; this confuses a lot of people. Tree disputes are one of the most common neighbor issues in Arizona. The rules exist to protect everyone.
How to Stay Compliant
Here’s what you need to do before trimming or removing any tree.
First, figure out who owns the tree. Check where the trunk is located. If it’s on the line, you have a boundary tree situation and need your neighbor’s agreement before removing it.
Second, identify the species. Is it a native desert tree like mesquite, palo verde, or ironwood? If yes, check with your city before doing anything.
Third, check your city’s rules. Call the planning or development services department. Ask if your tree requires a permit. It takes five minutes and could save you a serious fine.
Fourth, notify your neighbor. Even when the law doesn’t require it, telling your neighbor before you start work prevents conflict. It’s just good practice.
Fifth, hire a certified arborist for protected or large trees. They know the rules. They can handle the permit process. They protect you from making a costly mistake.
Frequently Asked Questions
Can I cut down a tree in my own backyard in Arizona?
It depends on the species and your city’s rules. Many cities require permits for native trees over a certain size. Always check with your local planning department before removing any tree.
What happens if my neighbor’s tree falls on my house?
You will likely need to file a claim with your own homeowner’s insurance. Your neighbor is only liable if they were negligent, meaning they knew about a hazard and ignored it.
Can I trim my neighbor’s tree without asking?
Yes, but only up to your property line and only in ways that do not harm the tree’s overall health. You cannot enter your neighbor’s property to do the trimming.
Who owns the fruit on branches hanging over my yard?
The fruit belongs to the tree owner, even if the branch hangs over your property. You can trim the branch, but the fruit goes back to your neighbor.
What is the fine for removing a protected native tree without a permit?
Fines and penalties range from misdemeanor charges to felony charges depending on the value of the plant. You could also face criminal prosecution under Arizona Revised Statutes Section 3-932.
Do I need a permit for a dead tree?
In most Arizona cities, dead or dangerous trees can be removed without a permit. But if the tree is a protected native species, always verify with your city first.
Final Thoughts
Tree laws in Arizona are more layered than most people expect. Your rights depend on where the trunk sits, what species the tree is, and which city you live in. Get those facts right and you will avoid the most common and costly mistakes.
Before you grab the chainsaw, make one phone call to your city. Before your neighbor’s tree drives you crazy, send a polite written notice. And before any big removal project, talk to a certified arborist.
Now you know the basics. Stay informed, protect your property, and when in doubt, ask a professional.
References
- Arizona Revised Statutes § 3-932 – Violation; classification; penalties: https://azleg.gov/ars/3/00932.htm
- Arizona Native Plant Law – Chapter 7, Title 3: https://az.elaws.us/ars/title3_chapter7
- Cannon v. Dunn, Arizona Court of Appeals (1985) – Travis Law Firm summary: https://www.travislawaz.com/tree-maintenance-disputes/
- City of Phoenix Tree and Shade Ordinance, Chapter 8, Article 6: https://www.phoenix.gov
- Tree Removal Permits – Mesa, Scottsdale, Phoenix Requirements: https://cuttingedgetreeserv.com/tree-removal-permits-arizona-scottsdale-phoenix-mesa-requirements-cutting-edge-tree-services/
- Goldschmidt Shupe PLLC – Arizona Tree Disputes Overview: https://gshoalaw.com/tree-disputes-2012/
