Do you need a permit?
It depends on the tree
Surprise does maintain a protected native plant list, including saguaro, ironwood, blue and foothill palo verde and velvet mesquite, but it is attached to development review rather than to homeowners. Land Development Ordinance section 104-2.2(A) requires an Environmental Inventory Plan with every development application "except for a single-family home on a lot in a subdivision with an approved Environmental Inventory Plan on file with the city." The rule that does reach a finished house is landscaping: section 107-2.2(F) makes it a violation to remove any plant that the city approved as part of a landscape plan, and requires replacement in kind.
Size threshold
Section 104-2.2(B)(3)(a) sets the inventory trigger, in the development context: "An inventory of the pattern, species and location of protected native plants listed in Table 104-2a below as well as other on-site native vegetation that are five (5) inches or greater in caliper or cacti that are three (3) feet or greater in height or cacti that have reached their full height at maturity."
What's protected in Surprise
- Table 104-2a protected native trees: sweet acacia (Acacia farnesiana or smalli), desert hackberry (Celtis pallida), blue palo verde (Cercidium floridum), foothill palo verde (Cercidium microphylum), desert willow (Chilopsis linearis), juniper (Juniperous species), ironwood (Olneya tesota), Fremont cottonwood (Populus fremontii), velvet mesquite (Prosopis velutina).
- Table 104-2a protected cacti and succulents: saguaro (Carnegiea gigantea), barrel cactus (Ferocactus), ocotillo (Fouquieria splendens), crucifixion thorn (Canotia holocantha), desert night-blooming cereus (Peniocereus Greggii), soaptree yucca (Yucca elata).
- Plants approved as part of a landscape plan. Section 107-2.2(F): "The removal or destruction of plants and landscape material, previously approved by the city as part of the landscape plan, shall constitute a violation of this ordinance. All dead or removed plants shall be replaced with plants of the same variety, and size in accordance with the approved final landscape plan."
- Buffer areas. Section 104-2.3(E): "No disturbance or construction activity shall occur within any buffer area and no person shall engage in any activity that will disturb, remove, fill, dredge, clear, destroy or alter any area, including protected native plants and water features within the buffer area," subject to five narrow exceptions.
- Everything north of State Route 74 (Carefree Highway) and any area identified as a scenic lands development sub area in the General Plan, which section 104-2.1(A) subjects to the full environmental process regardless of acreage or zoning.
Fees, penalties, and the ordinance
- Penalties
- Section 103-1.4: a use of property in violation of the LDO "shall be declared unlawful and a public nuisance," and the city attorney is directed to commence abatement proceedings. "Any person who violates any regulations of this LDO ... may be found guilty of a misdemeanor and upon conviction shall be sentenced to a fine or imprisonment for a term not exceeding that established by the municipal court or by both. Every violator shall be deemed guilty of or responsible for a separate offense for each day the violation is permitted to exist."
- Ordinance
- Surprise Municipal Code, Part II — Land Development Ordinance. Chapter 104, Article II (environmentally sensitive lands, protected native plants, Table 104-2a), most recently amended by Ord. No. 2024-03, section 1(Exh. A), adopted March 5, 2024. Chapter 107, Article II (landscape and screening regulations), section 107-2.2 amended by Ord. No. 2021-17, section 1(Exh. A). Municipal Code codified through Ordinance No. 2026-05, adopted April 21, 2026.
Worth knowing
- The 2024 rewrite matters. Ord. No. 2024-03, adopted March 5, 2024, is what put the current environmentally sensitive lands framework and the single-family carve-out in place. Anything written about Surprise before spring 2024 may be describing a different ordinance.
- Where the native plant rules do apply, section 104-2.5(B)(1) requires salvage rather than destruction: "Those plants which must be disturbed due to construction are required to be salvaged unless the applicant can demonstrate how conditions such as poor health or orientation make successful relocation impossible. Salvaged plants are to be replanted within the project to the greatest extent possible."
- Section 107-2.2(A) puts repair and maintenance of all landscaping on the property or the abutting right-of-way on the property owner, and section 107-2.2(J) makes the owner responsible for pruning any tree overhanging a sidewalk, path, trail, street or right-of-way.
- Section 107-2.2(G) gives you 30 days to replace any plant material that does not survive.
- Palm trees must be pruned once a year to remove dried fronds, to eliminate fire hazard and insect infestation (section 107-2.2(I)).
- A large share of Surprise sits in master-planned and age-restricted communities with their own CC&Rs. The city ordinance is the floor, not the ceiling.
- On acreage north of Carefree Highway that has not been built on, the state Native Plant Law may still require notice to the Arizona Department of Agriculture before destruction, and moving or selling a protected plant always needs a permit, tag and seal. Plant Services Division, 1010 W. Washington St., Phoenix, AZ 85007, scheduling (602) 542-3578; department main line (602) 542-4373.
What we could not confirm
We would rather tell you what we don't know than guess. Call the office below to confirm these before you cut.
- — A direct phone number and email for the Surprise Community Development Department. The city's website loads its telephone directory through a script that returns no contact data to automated access, so no phone number could be verified from a primary source. Use the department page above.
- — Whether a homeowner on an ordinary built lot south of Carefree Highway, in a subdivision with an approved Environmental Inventory Plan, is free to remove a protected native tree that predates the subdivision. Section 104-2.2(A) exempts the home from the plan requirement but the interaction with section 107-2.2(F) is not spelled out.
- — Any permit fee, because no homeowner permit instrument was located.
- — Whether the front-yard landscaping on a typical Surprise single-family lot counts as "previously approved by the city as part of the landscape plan" for section 107-2.2(F). This is the decisive question and the ordinance does not resolve it.
Sources
- Surprise Municipal Code, Land Development Ordinance Chapter 104 — environmental inventory and Table 104-2a protected native plants
- Surprise Municipal Code, Land Development Ordinance Chapter 107 — landscape and screening regulations
- City of Surprise — Community Development Department
- A.R.S. 3-904 — Arizona Native Plant Law, private landowner notice and the 10-acre exemption