Assigned to NREW FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2441
state tree; residential planning
Purpose
Precludes a municipality or county from adopting any regulation that prohibits or restricts
the use or placement of the state tree in a residential housing development.
Background
The legislative body of a municipality may establish a planning agency by ordinance to:
1) develop and maintain a general plan; 2) develop specific plans as necessary to implement the
general plan; 3) periodically review the municipality's capital improvement program; and
4) perform other planning functions as the legislative body may provide. Each municipality must
adopt a comprehensive, long-range general plan for the municipality's development, including a
land use element, a circulation element and various other elements statutorily determined by the
municipality's population (A.R.S. §§ 9-461.01 and 9-461.05).
Additionally, each county board of supervisors must plan and provide for the future growth
and improvement of its area of jurisdiction and form a planning and zoning commission for
consultation and advice regarding matters of planning, zoning and subdivision platting. Each
county must adopt a long-term comprehensive plan for the development of its area of jurisdiction.
The comprehensive plan may include studies and recommendations relative to the: 1) location,
character and extent of highways, railroads, bus and other transportation routes; 2) bicycle
facilities; 3) bridges; 4) public buildings and services; 5) schools; 6) parks and open space;
7) housing quality, variety and affordability; 8) parkways; 9) hiking and riding trails; 10) airports;
11) forests and wildlife areas; 12) dams; 13) projects affecting conservation of natural resources;
14) air and water quality; 15) floodplain zoning; and 16) other elements statutorily determined by
the county's population (A.R.S. §§ 11-802 and 11-804).
Laws 1954, Chapter 125 named the Palo Verde, genera cercidium, as Arizona's state tree.
The Blue Palo Verde, cercidium floridum, and the Foothill Palo Verde, cercidium microphyllum,
are both designated as salvaged assessed native plants by the Arizona Department of Agriculture
(A.A.C. R3-3 Appendix A; A.R.S. § 3-903).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Precludes a municipality or county from prohibiting or restricting the use or placement of the
state tree in a residential housing development by:
a) adopting a land use regulation or general or specific plan provision;
b) enforcing any ordinance, code or regulation; or
c) imposing a condition for approving a building or use permit. FACT SHEET
H.B. 2441
Page 2
2. Exempts, from the state tree residential planning preclusions, the enforcement of easements,
prescriptive rights, rules or regulations of a utility for safety and reliability.
3. Becomes effective on the general effective date.
House Action
LARA 2/13/23 DPA 9-0-0-0
3
rd
Read 2/22/23 60-0-0
Prepared by Senate Research
March 14, 2023
RA/FB/slp