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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
military
installations; general plan amendments
(NOW: military installations; general plans; land)
Purpose
Requires, a city, town or county that contains any portion of a military installation, range or Arizona National Guard site or contains any portion of the influence area of such locations, as delineated in the map prepared by the Arizona State Land Department (ASLD), to notify the office of the military installation, range or Arizona National Guard Site commander when outlined land use applications are deemed complete.
Background
Current statute requires each city planning agency to prepare and formulate for the governing body of each municipality a general plan for the development of the municipality. The planning agency must coordinate the production of its general plan with the creation of ASLD's outlined conceptual land use plans and must cooperate with ASLD regarding integrating the conceptual state land use plans into the municipality's general land use plan.
Each county planning and zoning commission (Commission) must formulate, and the board of supervisors must adopt or readopt a long-term comprehensive plan for the development of the area of jurisdiction. The comprehensive plan for counties with a population of more than 125,000 people must include planning for land use that designated the proposed general distribution and location and the extent of uses of the land for outlined types of land uses (A.R.S.§§ 9-461.05 and 11-804).
The governing body of municipalities and the board of
supervisors of a county, when adopting a general or comprehensive plan, must
consult with, advise and provide an opportunity for official comment by the
military airport if the municipality or the county has a territory in the
vicinity of a military airport as well as any ancillary military facility
(A.R.S. §§ 9-461.06 and
11-805). The
Real Estate Commissioner (Commissioner) must issue subdivision public reports
that state if any of the land is located within the territory in the vicinity
of a military airport, ancillary military facility, under a military training
route, under restricted airspace or contained in the military electronics range
(A.R.S. § 32-2183).
There is no anticipated fiscal impact to the state
General Fund associated with this legislation.
Provisions
General Plan and Comprehensive Plan Requirements
1. Requires, a city, town or county that contains any portion of a military installation, range or Arizona National Guard site or contains any portion of the influence area of such locations, as delineated in the outlined map, to notify the office of the military installation, range or Arizona National Guard Site commander when an application is deemed complete by the city or town to do any of the following in any portion of the influence area:
a) amend, modify or change a general plan or comprehensive plan land use designation;
b) establish, amend, modify or change an area plan, character plan, master development plan or site plan;
c) amend, modify or change 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) subdivide the property or otherwise divide the property, including any land division, into five or fewer lots, regardless of the proposed development or use.
2. Requires the city, town or county to provide the outlined notice by providing a copy of the application and the relevant documentation that are necessary to adequately describe the proposed application.
3. Requires the outlined notice to include procedures for providing electronic or written comments, and the date comments must be received.
4. Requires, in all cases, comments from the military installation, range or Arizona National Guard site to be received by the city, town or county seven days before the first public hearing.
5. Requires comments, if the application does not require a public hearing, to be provided to the city or town within the normal review and comment timelines for such application.
6. Stipulates that, if comments are provided, a public hearing is not required for comments on applications that do not otherwise require a public hearing.
7. Requires the city, town or county, if the military installation, range or Arizona National Guard site chooses to not submit official comments and a public hearing is required, to note at the public hearing that the outlined locations were notified and have not provided comment on the application.
8. Stipulates that a city, town or county is not required to deny any application, permit, approval or authorization based on the existence of the military installation, range or Arizona National Guard site or its proximity to the parcel of real estate.
9. Stipulates that a city, town or county is not required to meet the outlined notification requirements if ASLD has not prepared maps of military installations, ranges or Arizona National Guard sites.
10. Requires the general plan to include a land use element that, for a city or town that contains any portion of an influence area of a military installation, range or Arizona National Guard site, includes consideration of such location's operations.
11. Requires the Commission, for a county that contains any portion of the influence area of a military installation, range or Arizona National Guard site, to also consider respective military installation, range or Arizona National Guard site operations.
12. Requires the city, town or county to identify the boundaries of the influence area in the general plan or comprehensive plan for the purposes of planning land uses in the influence area that are compatible with the operation of the military installation, range or Arizona National Guard site.
13. Requires the governing body of a city or town or the county board of supervisors to consult with, advise and provide an opportunity for official comment by a military installation, range or Arizona National Guard site to secure maximum coordination of plans and to indicate properly located sited for all public purposes on the general plan.
Arizona Department of Real Estate
14. Requires the municipality or Commissioner, in proceedings involving rezoning of land that is located within the influence area of a military installation, range or Arizona National Guard site, to send copies of the notice of public hearing by first class mail to such locations.
15. Requires the Commissioner to execute and record in the office of the county recorder in each county that includes a military installation, range or Arizona National Guard site, as delineated in the outlined maps, a document that applies to land contained in the influence area and that discloses that the land is contained in an influence area.
16. Requires the Commissioner, if a military installation, range or Arizona National Guard site changes and the people who were notified no longer have property contained in an influence area, as delineated in the military installation, ranges or Arizona National Guard site map, to execute and record in the office of the county recorder in the county in which the property is located a document disclosing that the land is not contained in an influence area.
17. Requires the documents that are executed and recorded by the Commissioner to include a geospatial description of the influence areas as delineated in the military installation, range and Arizona National Guard site map.
18. Requires the Attorney General to prepare, in recordable form, the outlined documents that are executed and recorded by the Commissioner.
19. Requires the Arizona Department of Real Estate (ADRE) to post, military installation, range or Arizona National Guard site influence area maps on its website.
20. Requires the outlined subdivision public reports, if any of the lots, parcels or fractional interests are within the military installation, range or Arizona National Guard sites influence area as delineated in the outlined maps, to include, in bold 12-point font block letters on the front page of the report, the outlined statements and, if ADRE has been provided an outlined map, a copy of the map.
21. Modifies information that must be contained in the affidavit of disclosure.
Reports on Property Located Within an Influence Area
22. Requires any public report that is issued after December 31, 2024, and that is applicable to property located fully or partially within a military installation's, range's or Arizona National Guard site's influence area to include the following statements:
a) the property is located in the influence area of such locations;
b) ASLD and ADRE maintain the influence area maps of such locations that are available to the public; and
c) the influence area maps of such locations are posted on ADRE's website.
23. Stipulates that the amendment or reissuance of any public report issued by December 31, 2024, that is applicable to property located fully or partially within a military installation's, range's or Arizona National Guard site's influence area as delineated in the outlined map, is not required.
24. Allows a public report to contain a disclaimer that the subdivider has no control over the military installations, range's or Arizona National Guard sites operations.
25. Stipulates that, if a public report complies with the outlined report requirements, a subdivider is not liable to any person or governmental entity for any act or failure to act in connection with the disclosure of a military installation, range or Arizona National Guard Site as delineated on the influence area maps.
26. Stipulates that the outlined requirements do not require a public report issued 60 or fewer days before the filing of an influence area map to meet the military installation's, range's or Arizona National Guard site's notification requirements.
27. Requires a public report issued 61 or more days after the filing of an influence area map to meet all of the outlined requirements.
Arizona State Land Department
28. Requires ASLD, by December 31, 2024, and on receipt of proper information from the applicable military installation's, range's and Arizona National Guard site commanders, to prepare electronic legal descriptions and maps of such locations and of the influence areas of such locations, and provide the legal descriptions and maps to ADRE and the public.
29. Requires ASLD to make changes to the boundaries of the military installation, range and Arizona National Guard site and the influence areas of such locations and provide them to ADRE and the public within 90 days after receipt of those changes from the military installation, range and Arizona National Guard site's commanders.
Miscellaneous
30. Stipulates that a military installation, range or Arizona National Guard site:
a) includes the:
i. United States Naval Observatory Flagstaff Station;
ii. Barry M. Goldwater Range;
iii. Yuma Proving Grounds;
iv. Buckeye Training Site;
v. Camp Navajo;
vi. Florence Military Reservation;
vii. Papago Park Military Reservation;
viii. Picacho Peak Stagefield; and
ix. Rittenhouse Training Site; and
x. Silverbell Army Heliport; and
b) does not include:
i. the Laguna Army Airfield; or
ii. any military airport or ancillary military facility as outlined.
31. Defines influence area as all property located within two miles of the exterior perimeter or fence line of the military installation, range or Arizona National Guard site.
32. Makes technical and conforming changes.
33. Becomes effective on the general effective date.
House Action
MAPS 1/29/24 DP 14-0-0-0
3rd Read 2/26/24 56-0-3-0-1
Prepared by Senate Research
March 11, 2024
ZD/SB/cs