ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House:  FR DPA 4-3-0-0

HB2084: international boundary wall; building permits

Sponsor:  Representative Petersen, LD 12

House Engrossed

Overview

With permission of the property owner, authorizes construction of an international boundary wall without a building permit. 

History

The Department of Homeland Security announced in January 2020 that 100 miles of new border wall along the southwest border of the United States has been completed. "New wall has been constructed in every border state from California to Texas."  (Department of Homeland Security)

A city or town issuing a building permit requires a copy be sent to the appropriate county assessor and the director of the Arizona Department of Revenue. Information must include the permit number, issue date, parcel number and completion date. Except when a city or town has an ordinance addressing building permits, a county board of supervisors requires a building permit for any construction or addition to a building that totals more than $1,000. A city, town or county may not require a Transaction Privilege Tax (TPT) license or business license as a condition of receiving a building permit. (A.R.S. § 9-467 /  A.R.S. § 11-321)  

Failure to obtain the proper county building permit or any other violation of law pertaining to a building permit is a petty offense. A petty offense is punishable by a fine up to $300 for individuals and up to $1,000 fine for a business plus any required surcharges.  (A.R.S. § 11-322)

Provisions☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

1.    Prohibits a city, town or county from requiring a property owner or nonprofit corporation to obtain a building permit if construction is for an international boundary wall that is located on or adjacent to an international boundary line and the landowner gives written permission to construct the wall.  (Sec.1, 2)

2.    Stipulates that the property owner must provide the city, town or county with an affidavit of completion within two months after the project is complete.   (Sec. 1, 2)

3.    Requires the affidavit of completion to be signed by a registered engineer certifying the work was done according to the construction plans and safety requirements.  (Sec. 1, 2)

4.    Assumes the state will allow construction of an international boundary wall on state property.  (Sec. 3)

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8.    Initials DC/GKS                House Engrossed

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