Land division; acting in concert
The bill impacts state laws primarily by amending sections of the Arizona Revised Statutes related to land divisions and the issuance of building permits. By specifying that counties cannot deny applications that meet prescribed guidelines and establishing a 30-day review period after which an application is automatically approved if not acted upon, the bill aims to mitigate delays often faced by developers and landowners. Additionally, it clarifies the scope of utility regulation, ensuring that applicants can select utility providers without local government intervention.
SB1149, introduced by Senator Kavanagh during the 2023 legislative session, focuses on amending existing laws concerning land division and building permits in Arizona. The bill seeks to streamline the processes associated with dividing land, particularly for parcels of five or fewer lots, by defining clearer protocols for counties to follow when reviewing applications. Key amendments would lessen the regulatory burden on applicants by potentially allowing for faster approvals and waiving certain requirements for minor subdivisions, which proponents argue would encourage development and economic growth.
Despite its intended benefits, SB1149 has been met with concerns regarding the potential for unregulated land development. Critics argue that the bill could lead to unauthorized land divisions, particularly when it comes to ensuring compliance with zoning laws and safety regulations. The section addressing collective action, where individuals cannot circumvent subdivision laws by working in concert, has raised alarms about potential loopholes that developers could exploit. Furthermore, the bill's provisions on waiving detailed regulatory requirements for certain subdivisions may compromise public health and safety checkpoints that are essential in land use planning.