ARIZONA HOUSE OF REPRESENTATIVES

HB 2413: public road maintenance; primitive designation
PRIME SPONSOR: Representative Cook, LD 8 BILL STATUS: Chaptered

Abstract

Relating to primitive roads and county maintenance.

Provisions

1. Permits the BOS to designate a road as primitive if it was opened before June 13, 1990, rather than 1975. (Sec. 2)

2. Permits the BOS to spend public monies on roads and streets that were laid out, opened and constructed in accordance with standard engineering road specifications, regardless of whether the road was completed pursuant to county zoning and subdivision approval requirements. (Sec. 1)

3. Makes technical and conforming changes. (Sec 1, 2)

Current Law

A county, city or town may designate a road as primitive if it was constructed before 1975 and not in accordance to county standards.  The county, city or town must place a sign on every road designated as primitive which reads "Primitive road, caution, use at your own risk. This surface is not regularly maintained."  A county, city and town are not liable for damages or injuries resulting from the use of a primitive road (A.R.S § 28-6706).

Before a BOS can spend public money on a public street, the street or road must be laid out, open and constructed without cost to the county, completed pursuant to county zoning requirements and completed in accordance with standard engineering requirements adopted by the BOS.  However, a BOS may also spend public money for maintenance of public roads and streets that were laid out, constructed and opened before June 13, 1990 that were not constructed to county standards (A.R.S § 28-6705).

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Fifty-third Legislature                  HB 2413

Second Regular Session                               Version 4: Chaptered

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