HB 2455
Initials SJ Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: GE DPA 12-0-1-0
HB 2455: incorporation; urban areas
Sponsor: Representative Carter, LD 8
Caucus & COW
Overview
Outlines the process for qualified electors in a community to incorporate.
History
Current law describes an urbanized area as all territory within six miles of an incorporated city or
town that has a population of 5,000 or more people, and all territory within three miles of an
incorporated city or town that has a population of less than 5,000 people.
A territory within an urbanized area may not be incorporated as a city or town and the Board of
Supervisors (BOS) is prohibited from taking any action on a petition for incorporation within such
area unless:
1) A resolution adopted by the city or town causing the urbanized area to exist is submitted
with the petition and approves the proposed incorporation; or
2) An affidavit is filed with the BOS stating that a petition was submitted to the city or town
causing the urbanized area to exist that requests annexation and it was not approved
within 120 days (A.R.S. § 9-101.01).
An area to be incorporated may not include large areas of rural or farm lands but must be urban
(A.R.S. § 9-101).
Provisions
1. Stipulates that for incorporation, the exception to the large areas of uninhabited, rural or farm
land may qualify as follows:
a) The lands have been platted and approved by the BOS for housing or commercial
development before filing a petition with the BOS.
b) The owner of the property agrees to include the land in the proposed incorporation area
and provides a notarized statement of support along with a map of the proposed area.
(Sec. 1)
2. Redefines urbanized area for purposes of incorporation by removing population thresholds
and decreasing from six miles to one mile, the territory of the urbanized area. (Sec. 2)
3. Eliminates the statutory references to a planned community association during declarant
control so the provisions no longer apply relating to incorporation. (Sec. 2)
4. Makes a technical change. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2455
Initials SJ Page 2 Caucus & COW
Amendments
Committee on Government & Elections
1. Requires the petitioners, at least six months before publishing a copy of the petition to
incorporate a community, provide written notice of their intention to publish a copy of the
incorporation petition with the BOS.
2. Stipulates that the written notice must also be published in a newspaper of general circulation
in the area to be affected for two consecutive weeks.
3. Reinserts current language that contains the population thresholds and the six-mile territory
of an urbanized area.
4. Requires the BOS to exclude from the proposed community to be incorporated the area or
portion of the area covered by a planned community association that, during the period of
declarant control, has notified the BOS of its request to be excluded.
5. Maintains that petitioners are not required to resubmit a petition if the remaining area to be
incorporated meets the population qualifications in statute.
6. Specifies that if the remaining area proposed for incorporation does not meet the population
qualifications, the BOS must reject the petition.
7. Defines uninhabited.