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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
international boundary wall; building permits
Purpose
Prohibits a city, town or county from requiring a nonprofit corporation or property owner to obtain a building or construction permit for construction of an international boundary wall, if certain conditions are met. Establishes a presumption that the state will grant permission for construction of an international boundary wall on state land.
Background
A county board of supervisors (county BOS) must require a building permit for any construction with a cost above $1,000, except in cities and towns that have an ordinance relating to the issuance of building permits. County building permits must be filed with the county BOS or a designated agent. A copy of a city, town or county building permit containing the permit number, issue date and parcel number must be transmitted to the county assessor and Director of the Arizona Department of Revenue. A city, town or county cannot require an applicant for a building permit to hold a transaction privilege tax license or business license as a condition of issuing a building permit (A.R.S. §§ 9-467 and 11-321). Any person who fails to obtain a required county building permit is guilty of a petty offense (A.R.S. § 11-322).
A lessee, permittee or person with a legal interest in state land, other than the holder of a certificate of purchase, must file an application for permission to construct or make improvements on the land with the Arizona State Land Department (ASLD), unless improvement authorization is included in the terms of the lease. ASLD must allow or reject the construction or improvement on state land based on the best interest of the state. Upon expiration or cancellation of a lease or permit, improvements placed on state land without approval are forfeited and become state property (A.R.S. § 37-321). If the request for construction or improvement is on state land that is located in a floodplain, ASLD must consider certain statutory criteria in determining whether to grant permission for the proposed construction, improvement or development (A.R.S. § 37-323).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a city, town or county from requiring a nonprofit corporation or property owner to obtain a building or construction permit if the:
a) permit is for construction of an international boundary wall;
b) proposed construction is on or adjacent to the international boundary line; and
c) land owner has provided written consent for the construction.
2. Establishes a presumption that permission for the construction of an international boundary wall on state-owned land will be granted by the state.
3. Requires a property owner, within two months of the completion of the international boundary wall construction, to provide the city, town or county with an affidavit of completion that:
a) is signed and sealed by a registered professional engineer; and
b) certifies that the construction of the international boundary wall was built in accordance to plan and safety requirements.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action
FR 1/22/20 DPA 4-3-0-0
3rd Read 1/30/20 30-30-0
3rd Read* 2/6/20 31-29-0
*on reconsideration
Prepared by Senate Research
February 26, 2020
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