ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 

HB 2548: military installations; general plan amendments

Sponsor: Representative Payne, LD 27

Committee on Military Affairs & Public Safety

Overview

Requires municipalities and counties (political subdivisions) to notify the office of a military installation or range or Arizona national guard site (influence area) when certain land use applications are deemed complete. Additionally, the State Real Estate Department (Department) must disclose whether the property for sale is located in an influence area.    

History

Political subdivisions with territory in the vicinity of a military airport must adopt comprehensive and general plans along with zoning regulations for property in high noise or accident potential zones to ensure compatible development with the military operations at the airport (A.R.S. § 28-8481).

The Real Estate Commissioner (Commissioner), upon examination of a subdivision, must publish a report that states if any part of the land is within the vicinity of a military airport, under restricted airspace, under a military training route or contained in the military electronics range. Sellers of five or fewer parcels of land in an unincorporated area of a county must furnish a written affidavit of disclosure to the buyer that discloses, among other things, if the property is located in a clear, accident potential or high noise zone of a military airport or is located under military restricted airspace (A.R.S. § 32-2183).

Provisions

General Plan Requirements

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMandates that a political subdivision containing any portion of an influence area must include consideration for such operations in the general plan of that political subdivision. (Sec. 1, 5)

2.   Specifies that a political subdivision must identify the boundaries of the influence area in the general plan for the purposes of planning land uses that are compatible with the operation of the influence area. (Sec. 1, 5)

3.   Applies the same standards that are held, for political subdivisions with territory in the vicinity of a military airport, to political subdivisions with territory in an influence area regarding:

a)   the adoption or readoption of the general plan or any amendment to the general plan; and

b)   notices of public hearing proceedings on any zoning ordinance. (Sec. 2, 3, 6, 7)

 

Disclosure of Filing

4.   Requires a political subdivision that contains any portion of an influence area to notify the office of that influence area when an application has been completed to do any of the following within the influence area:

a)   modify a general plan or comprehensive land use designation;

b)   establish or modify an area plan, character plan, master development plan or site plan;

c) modify the zoning designation, overlay zoning designation or the regulations related to allowed uses, structure or building heights or outdoor lighting in the applicable designations; or

d)   divide the property, including any land division, into five or fewer lots. (Sec. 4, 8)

5.   States that the notice to the office of the influence area must include a copy of the application, relevant documentation that adequately describes the proposal, procedures for providing comments and a deadline for when the comments must be received. (Sec. 4, 8)

6.   Outlines specified timelines for when comments from the influence area in response to an application must be received. (Sec. 4, 8)

7.   Specifies that a public hearing is not required for comments on applications that do not otherwise require a public hearing. (Sec. 4, 8)

8.   Instructs, for instances where a public hearing is required, if the influence area did not provide comment, a political subdivision to note at the public hearing that the influence area was notified and did not provide comment on the application. (Sec. 4, 8)

9.   Clarifies that a political subdivision is not required to deny any application, permit, approval or authorization based on the existence of an influence area or its proximity to real estate. (Sec. 4, 8)

10.  Exempts political subdivisions from meeting notification requirements relating to influence areas if the State Land Department has not prepared a map of the influence area. (Sec. 4, 8)

State Real Estate Department

11.  Requires the Commissioner to execute and record, with the county recorder in each county that contains an influence area, a document that discloses that the land is contained in an influence area. (Sec. 9)

12.  States that if an influence area changes and persons who were notified no longer have property contained in the influence area, the Commissioner must execute and record a document that the land is no longer contained in an influence area. (Sec. 9)

13.  Directs the Attorney General to prepare, in recordable form, the documents that are executed and recorded by the Commissioner. (Sec. 9)

14.  Requires specified documents recorded and executed by the Commissioner to include a geospatial description of the influence areas as delineated in the influence area site map. (Sec. 9)

15.  Requires the Department to post a map of the influence areas on its website as prepared by the State Land Department. (Sec. 10)

16.  Instructs the Commissioner to disclose when a property is contained in an influence area in a public report authorizing the sale of the property. (Sec. 11)

17.  Stipulates that influence area report requirements only apply to public reports issued by the Commissioner by or before December 31, 2024. (Sec. 11)

18.  Specifies guidelines for public reports and disclosure affidavits for properties located within an influence area. (Sec. 11, 12, 13)

State Land Department

19.  Directs the State Land Department, by December 31, 2024, and on receipt of proper information from the applicable influence area commander, to provide electronic legal descriptions and maps of the influence area to the Department and public. (Sec. 15)

20.  Requires the State Land Department to make changes to the boundaries of an influence area and provide it to the Department and public within 90 days after receipt of those changes from the influence area commander. (Sec. 15)

Miscellaneous

21.  Defines influence area and military installation or range or Arizona national guard site. (Sec. 4, 8)

22.  Makes technical changes. (Sec. 1-3, 5-7, 11-13, 15)

23.  Makes conforming changes. (Sec. 2, 3, 6, 7, 11-13, 15)

 

 

 

 

 

 

 

 

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                        HB 2548

Initials NM/IG           Page 0 Military Affairs & Public Safety

 

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