House Engrossed

 

state tree; residential planning

 

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

HOUSE BILL 2441

 

 

 

An Act

 

amending title 9, chapter 4, article 6, Arizona Revised Statutes, by adding section 9-461.18; amending title 11, chapter 6, article 1, Arizona Revised Statutes, by adding section 11-810.01; relating to municipal and county planning.

 

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 9-461.18, to read:

START_STATUTE9-461.18. Residential planning; state tree

Notwithstanding any other law, a municipality may not adopt a land use regulation or general or specific plan PROVISION, enforce any ordinance, code or regulation OR impose as a condition for approving a building or use permit any regulation that prohibits or restricts the use or placement of the state tree as prescribed in section 41-856 in a residential housing development. This section does not apply to the enforcement of easements, prescriptive rights, rules or regulations of a utility for safety and RELIABILITY. END_STATUTE

Sec. 2. Title 11, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 11-810.01, to read:

START_STATUTE11-810.01. Residential planning; state tree

Notwithstanding any other law, a county may not adopt a land use regulation or general or specific plan PROVISION, enforce any ordinance, code or regulation OR impose as a condition for approving a building or use permit any regulation that prohibits or restricts the use or placement of the state tree as prescribed in section 41-856 in a residential housing development. This section does not apply to the enforcement of easements, prescriptive rights, rules or regulations of a utility for safety and RELIABILITY. END_STATUTE