Assigned to GOV FOR
COMMITTEE
Assigned to GOV FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
public road maintenance; primitive designation
Purpose
Expands the designation of a primitive road by the Board of Supervisors (BOS) or a governing body of a city or town (governing body).
Background
A BOS or governing body may designate a public road within its jurisdiction as a primitive road if it was opened prior to June 13, 1975, and was not constructed in accordance with existing county standards. The road may also be designated as a primitive road if: 1) the road was opened after June 13, 1975; 2) the road was accepted for maintenance by the BOS or the governing body before June 13, 1985; and 3) the road was not constructed in accordance with county standards. Once a road is designated as a primitive road, the county, city or town must place signs in adequate locations to warn the public. State or county highways are prohibited from being designated as a primitive road (A.R.S. § 28-6706).
A BOS may spend public monies for maintenance of public roads and streets located outside the limits of an incorporated city or town if the roads or streets are laid out, opened and constructed without cost to the county and completed pursuant to an approved plat development following standard engineering road specifications adopted by the BOS. The BOS may also spend public monies for the maintenance of public roads and streets that were laid out, constructed and opened before June 13, 1990, or that have been designated as primitive roads (A.R.S. § 28-6705).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Permits a BOS or governing body to designate a road as a primitive road if it was opened before June 13, 1990, rather than June 13, 1975.
2. Removes existing conditions for the designation of a primitive road.
3. Allows a BOS to spend public monies on public roads and streets outside city or town limits if either, rather than both conditions apply:
a) the roads or streets are laid out, opened and constructed and now must be in accordance with standard engineering road specifications adopted by the BOS without cost to the county; or
b) the roads or streets are completed pursuant to a plat approved by county zoning and subdivision approval requirements.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action
LIA 1/31/18 DP 6-0-0-1
3rd Read 2/8/18 58-0-1-0-1
Prepared by Senate Research
February 26, 2018
JO/MG/lat