Arizona 2024 2024 Regular Session

Arizona House Bill HB2101 Comm Sub / Analysis

Filed 02/16/2024

                      	HB 2101 
Initials EB 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
House: LARA DPA 9-0-0-0 
 
HB 2101: land division; applicant submissions; review 
Sponsor: Representative Griffin, LD 19 
House Engrossed 
Overview 
Requires an application to split a parcel of land to be approved if the applicant provides an 
answer to two questions regarding the applicant's ownership status of any property that is 
in the same tax parcel map or subdivision as the lots that are the subject of the application. 
History 
Currently, a county board of supervisors (BOS) may adopt land division ordinances to split a 
parcel of land into five or fewer lots, parcels or fractional interests, each of which is 10 acres 
or smaller. A land division application may be approved if certain statutory requirements are 
met. If an application does not comply with the requirements, the application may still be 
approved if the applicant confirms that no building or use permit will be issued until the lot, 
parcel or fractional interest complies with all statutory requirements. A BOS may also grant 
a variance to any of the requirements (A.R.S. § 11-831).  
Provisions 
1. Requires an applicant for a building permit for new construction of a residential single-
family home and an applicant for a land division to identify ownership interests in the 
property. (Sec. 1 and 2) 
2. Requires an applicant to split a parcel of land to provide an answer to the following two 
questions: 
a) "Do you or any corporation or limited liability corporation that you are a member, 
manager or owner of or an independent contractor for own or represent any property 
that is in the same tax parcel map or subdivision as the lots, parcels or fractional 
interests that are the subject of this application?"; and 
b) "Have you or any corporation or limited liability corporation that you are a member, 
manager or owner of or an independent contractor for divided, sold or leased any 
property within the last ten years that is in the same tax parcel map or subdivision 
as the lots, parcels or fractional interests that are the subject of this application?" (Sec. 
2) 
3. Adds attestation language to be included in an application for a land division. (Sec. 2) 
4. Specifies that compliance is not essential to the public interest for lots, parcels or 
fractional interests that have been included with a previous public report approved within 
the last 10 years where the applicant attests there are no material changes altering the 
facts of the report. (Sec. 3) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2101 
Initials EB 	Page 2 	House Engrossed 
5. Excludes from statutory compliance requirements lots, parcels or fractional interests 
owned by a financial institution as a result of foreclosure that are up for sale and have 
been included with a previous public report that was approved within the last 10 years 
and no material changes have occurred within the report. (Sec. 3) 
6. Repeals and re-enacts Laws 2023, Chapter 77, Section 3 to correct a technical error 
resulting in a potentially invalid change to statute. (Sec. 5)