ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session
	House: LAG DPA 4-2-0-1-0

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HB 2589: land divisions; county regulation; surveys

Sponsor:  Representative Griffin, LD 14

House Engrossed

Overview

Prohibits a county from requiring a land division applicant to survey the land before receiving approval to divide or convey the land or issue a building permit.

History

A county board of supervisors (Board) can adopt ordinances and regulations for reviewing and approving applications to divide lands of five or fewer lots, parcels or fractional interests (lots), each of which must be ten acres or smaller. A Board must approve an application if:

1) Each lot meets the minimum applicable county zoning requirements;

2) The applicant provides a standard preliminary title report or other documentation that shows legal access to the lots;

3) The applicant provides evidence from a professional indicating if each lot has physical access that can accommodate a car; and

4) The applicant reserves appropriate utility easements to serve each lot created by the land division.

An applicant who does not comply with these requirements can still be approved if the applicant provides written acknowledgment that no building or use permit will be issued by the county until the lot has met these requirements.

A Board can grant a variance from any of these requirements. If a review is not completed within 30 days of receiving the application, the land division is considered approved (A.R.S. § 11-831).

Provisions

1. Prohibits a county from requiring a land division applicant to do any of the following to have their land division or land conveyance approved or building permit issued:

a) Conduct a survey of the land or

b) Pay property taxes in full

2. Adds the requirement that an applicant:

a) Must disclose to any buyer that the applicant has not conducted a survey of the land division for a parcel of land to be split; and

b) Acknowledge that no survey of property has been conducted for that applicant to split a parcel of land that does not comply with statutory requirements.

3. Repeals a requirement that an applicant must provide a statement from a licensed surveyor or engineer indicating if a two-wheel drive car can physically access each lot for a county to approve an application to split that parcel of land.

4. Makes technical changes.

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8. Initials PAB                       House Engrossed

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