ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: LARA DPA 9-0-0-0

HB 2101: land division; applicant submissions; review

Sponsor: Representative Griffin, LD 19

Caucus & COW

Overview

Requires an application to split a parcel of land to be approved if the applicant provides an answer to two questions regarding the applicant's ownership status of any property that is in the same tax parcel map or subdivision as the lots that are the subject of the application.

History

Currently, a county board of supervisors (BOS) may adopt land division ordinances to split a parcel of land into five or fewer lots, parcels or fractional interests, each of which is 10 acres or smaller. A land division application may be approved if certain statutory requirements are met. If an application does not comply with the requirements, the application may still be approved if the applicant confirms that no building or use permit will be issued until the lot, parcel or fractional interest complies with all statutory requirements. A BOS may also grant a variance to any of the requirements (A.R.S. § 11-831).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProvides that an application to split a parcel of land must be approved if the applicant provides an answer to the following two questions:

a)   "Do you or any corporation or limited liability corporation that you are a member, manager or owner of or an independent contractor for own or represent any property that is in the same tax parcel map or subdivision as the lots, parcels or fractional interests that are the subject of this application?"; and

b)   "Have you or any corporation or limited liability corporation that you are a member, manager or owner of or an independent contractor for divided, sold or leased any property within the last ten years that is in the same tax parcel map or subdivision as the lots, parcels or fractional interests that are the subject of this application?"

Amendments

Committee on Land, Agriculture & Rural Affairs

1.   Requires an applicant for a building permit for new construction of a residential single-family home and an applicant for a land division to identify ownership interests in the property.

2.   Adds attestation language to be included in an application for a land division.

3.   Specifies that compliance is not essential to the public interest for lots, parcels or fractional interests that have been included with a previous public report approved within the last 10 years where the applicant attests there are no material changes altering the facts of the report.

4.   Excludes from statutory compliance requirements lots, parcels or fractional interests owned by a financial institution as a result of foreclosure that are up for sale and have been included with a previous public report that was approved within the last 10 years and no material changes have occurred within the report.

5.   Repeals and re-enacts Laws 2023, Chapter 77, Section 3 to correct a technical error resulting in a potentially invalid change to statute.

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9.                     HB 2101

10.  Initials EB           Page 0 Caucus & COW

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