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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
state tree; residential planning
Purpose
Precludes a municipality or county from adopting any regulation that prohibits or restricts the use or placement of the state tree in a residential housing development.
Background
The legislative body of a municipality may establish a planning agency
by ordinance to: 1) develop and maintain a general plan; 2) develop specific
plans as necessary to implement the general plan; 3) periodically review the
municipality's capital improvement program; and
4) perform other planning functions as the legislative body may provide. Each
municipality must adopt a comprehensive, long-range general plan for the
municipality's development, including a land use element, a circulation element
and various other elements statutorily determined by the municipality's
population (A.R.S. §§ 9-461.01
and 9-461.05).
Additionally, each county board of supervisors must plan and provide for
the future growth and improvement of its area of jurisdiction and form a
planning and zoning commission for consultation and advice regarding matters of
planning, zoning and subdivision platting. Each county must adopt a long-term
comprehensive plan for the development of its area of jurisdiction. The
comprehensive plan may include studies and recommendations relative to the: 1)
location, character and extent of highways, railroads, bus and other
transportation routes; 2) bicycle facilities; 3) bridges; 4) public buildings
and services; 5) schools; 6) parks and open space;
7) housing quality, variety and affordability; 8) parkways; 9) hiking and
riding trails; 10) airports; 11) forests and wildlife areas; 12) dams; 13)
projects affecting conservation of natural resources; 14) air and water
quality; 15) floodplain zoning; and 16) other elements statutorily determined
by the county's population (A.R.S. §§ 11-802
and 11-804).
Laws 1954, Chapter 125 named the Palo Verde, genera cercidium, as Arizona's state tree. The Blue Palo Verde, cercidium floridum, and the Foothill Palo Verde, cercidium microphyllum, are both designated as salvaged assessed native plants by the Arizona Department of Agriculture (A.A.C. R3-3 Appendix A; A.R.S. § 3-903).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Precludes a municipality or county from prohibiting or restricting the use or placement of the state tree in a residential housing development by:
a) adopting a land use regulation or general or specific plan provision;
b) enforcing any ordinance, code or regulation; or
c) imposing a condition for approving a building or use permit.
2. Exempts, from the state tree residential planning preclusions, the enforcement of easements, prescriptive rights, rules or regulations of a utility for safety and reliability.
3. Becomes effective on the general effective date.
House Action
LARA 2/13/23 DPA 9-0-0-0
3rd Read 2/22/23 60-0-0
Prepared by Senate Research
March 14, 2023
RA/FB/slp