ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
municipality; general plan; adoption; amendment
Purpose
Requires all major amendments to the general plan of a municipality to be proposed for adoption by the governing body of the municipality at a public hearing within 12 months, rather than at a single public hearing during the calendar year. Applies statutory requirements for the municipal designation of private land or state trust land as open space, recreation, conservation or agriculture when a municipality is adopting, applying or amending an open space element, land use element or a growth element to a general plan.
Background
The governing body of municipality must adopt written procedures to provide effective, early and continuous public participation in the development and major amendment of general plans for all areas of the municipality. The adoption or readoption of the general plan or any amendment to the general plan must be made by resolution of the governing body of the municipality after public notice. The adoption or readoption of or a major amendment to the general plan must be approved by affirmative vote of at least two-thirds of the members of the governing body of the municipality. All major amendments to a municipal general plan proposed for adoption by the governing body of a municipality must be presented at a single public hearing during the calendar year the proposal is made. A copy of the adopted general plan of a municipality must be sent to the planning agency of the county within which the municipality is located, which may be adopted as a part of the county general plan.
In applying an open space element or growth element of a general plan, a municipality may not designate private land or state trust land as open space, recreation, conservation or agriculture unless the municipality receives the written consent of the landowner or provides an alternative, economically-viable designation in the general plan or zoning ordinance that allows at least one residential dwelling per acre (A.R.S. 9-461.06).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires all major amendments to the general plan of a municipality to be proposed for adoption by the governing body of the municipality at a public hearing within 12 months of the proposal being made, rather than at a single public hearing during the calendar year.
2. Applies statutory conditions for the municipal designation of private land or state trust land as open space, recreation, conservation or agriculture to when a municipality is:
a) adopting or amending an open space element or growth element of a general plan; or
b) adopting, applying or amending a land use element.
3. Prohibits a municipality from diminishing existing private property rights when adopting, applying or amending an open space element, land use element or growth element of a general plan unless the statutory conditions for designation as open space, recreation, conservation or agriculture are met.
4. Requires an alternative, economically viable designation a municipality provides when designating private land or state trust land as open space, recreation, conservation or agriculture or diminishing existing property rights in adopting, applying or amending an open space element, land use or growth element of a general plan to protect existing property rights.
6. Makes technical changes.
7. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
1. Applies statutory requirements for the municipal designation of private land or state trust land as open space, recreation, conservation or agriculture when a municipality is:
a) adopting or amending an open space element or growth element of a general plan; or
b) adopting, applying or amending a land use element.
2. Prohibits a municipality from diminishing existing private property rights when adopting, applying or amending an open space element or growth element of a general plan unless certain statutory conditions are met.
3. Requires an alternative, economically viable designation a municipality provides when designating private land or state trust land as open space, recreation, conservation or agriculture or diminishing the existing property rights in adopting, applying or amending an open space element or growth element of a general plan to protect existing property rights.
4. Removes the requirement that the alternate, economically viable designation provided by a municipality allow for at least one residential dwelling per acre.
Senate Action House Action
GOV 2/15/21 DP 7-0-1 GE 3/24/21 DP 11-0-0-2
3rd Read 2/23/21 30-0-0 3rd Read 6/28/21 28-30-2
3rd Read* 6/30/21 31-27-2
*on reconsideration
Prepared by Senate Research
June 30, 2021
MH/HF/gs