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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
conservation easements; maintenance; weeds
Purpose
Requires a property subject to a conservation easement to be kept free of noxious weeds, Russian Thistles and blowing dust.
Background
Conservation easement means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological or cultural aspects of real property. Conservation purposes are activities that yield a significant public benefit and are: 1) preserving land areas for outdoor recreation by, or the education of, the general public; 2) protecting a relatively natural habitat of fish, wildlife or plants or similar ecosystem; or 3) preserving open space, including farmland and forest land, if the preservation is either for the scenic enjoyment of the general public or pursuant to a clearly delineated federal, state or local government conservation policy (A.R.S. § 33-271).
A noxious weed is any species of plant that is, or is liable to be, detrimental or destructive and difficult to control or eradicate and includes any species that the Director of the Arizona Department of Agriculture, after investigation and hearing, determines as such (A.R.S. § 3-201).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the holder of a conservation easement to maintain the conservation easement property free of noxious weeds, Russian thistles and blowing dust that creates a threat to health or safety.
2. Becomes effective on the general effective date.
House Action
LARA 2/12/24 DP 5-4-0-0
3rd Read 2/28/24 31-28-0-0-1
Prepared by Senate Research
March 12, 2024
RA/KP/slp