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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
House: LARA DPA 9-0-0-0 |
HB2441: state tree; residential planning
Sponsor: Representative Griffin, LD 19
House Engrossed
Overview
Prohibits a municipality or county from adopting or enforcing a land use regulation, general or specific plan provision, ordinance, code, regulation, building or use permit approval condition or any other regulation that prohibits or restricts the use or placement of a palo verde in a residential housing development.
History
State Tree
The palo verde (genera cercidium) was designated as the official state tree of Arizona in 1954 (Laws 1954, Chapter 125). Palo verde trees are native to the Sonoran Desert, drought resistant and feature a green trunk with yellow flowers that bloom in the spring.
Two species of palo verde (Blue palo verde and Foothill palo verde) are listed by the Arizona Department of Agriculture as protected native plants (A.R.S. § 3-903 and 3 A.A.C. 3 Appendix A). Private property owners, government agencies and lessees of state or federal land are required to obtain a permit from the Arizona Department of Agriculture to remove these plants (A.R.S. § 3-906). Individually owned residential properties of 10 acres or less where initial construction has already occurred are exempt from removal restrictions (A.R.S. § 3-904).
Municipality and County Zoning
A municipality's legislative body may regulate the use of buildings, structures and land for different purposes as well as the use of open spaces and establish special zoning districts, conditions or regulations as deemed necessary for the public health, safety or general welfare (A.R.S. § 9-462.01). This legislative body will also adopt a general plan for the municipality's development that includes certain land use elements such as policies to maintain a broad variety of land uses (A.R.S. § 9-461.05). Municipalities may institute any appropriate action to prevent violations of zoning ordinances (A.R.S. § 9-462.05).
Similarly, counties may form planning and zoning commissions to plan for land uses within the county. Districts may be zoned for various classes of residential, business and industrial uses (A.R.S.§ 11-811). A county board of supervisors may also adopt a comprehensive plan to guide and coordinate development within the county (A.R.S. § 11-804). County zoning ordinances may be enforced by withholding building permits and establishing civil penalties for zoning regulations (A.R.S. § 11-815).
Provisions
1. Prohibits a county or municipality from adopting a land use regulation or general or specific plan provision, enforcing any ordinance, code or regulation or imposing as a condition for approving a building or use permit any regulation that prohibits or restricts the use or placement of the palo verde in a residential housing development. (Sec. 1 and 2)
2. Exempts the enforcement of a utility's easements, prescriptive rights, rules or regulations for safety and reliability from the prohibition on a county or municipality restricting the planting of the state tree. (Sec. 1 and 2)
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HB 2441
Initials PAB/AH Page 0 House Engrossed
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