Arizona Revised Statutes
Title 37 - Public Lands
§ 37-332 - Urban lands; notice; hearing; requirements; classification; state general plan

37-332. Urban lands; notice; hearing; requirements; classification; state general plan
A. On the commissioner's initiative, the commissioner may designate certain urban lands as being under consideration for classification as urban lands suitable for urban planning, or suitable for conservation purposes if the lands are to be planned in conjunction with lands to be developed, pursuant to this section. The commissioner may designate urban lands as being under consideration for classification as urban lands suitable for urban planning or conservation purposes upon application by the governing body having jurisdiction for the area in which the urban lands are located.
B. Unless the commissioner has asked the local governing body for a general or comprehensive plan amendment that would include public notification and hearing, and after designating lands pursuant to subsection A of this section, the commissioner shall give notice of intent to classify the lands as suitable for urban planning or conservation purposes and of intent to prepare a state general plan to existing lessees, local planning authorities, owners of property that extends to within three hundred feet of the designated urban lands and the beneficiary or beneficiaries for whom the lands are held in trust. Within thirty days after giving notice, the commissioner shall publish the notice stating the date, time and place of the public hearing for six publications in a newspaper of general circulation in the county in which the designated urban lands are located. The commissioner shall give notice to any person who requests notice of any classification and preparation of a state general plan made under this section.
C. In the notice required under subsection B of this section, or on the commissioner's request of the local governing body for a general or comprehensive plan amendment, the commissioner shall notify all existing lessees of state land within the boundaries of the area under consideration that such a designation may subsequently result in reclassification of state lands within the boundaries of the designated areas.
D. If applicable, within sixty days after the last date of publication of notice under subsection B of this section, the commissioner or the commissioner's designee shall conduct a public hearing in the city, town or county in which the lands are located to receive and record oral and written testimony concerning the classification as urban lands suitable for urban planning or conservation purposes and the state general plan.
E. The commissioner may classify urban lands as urban lands suitable for urban planning or conservation purposes and may approve a state general plan after determining that:
1. The department has met the notice and public hearing requirements of subsections B, C and D of this section or that the commissioner has requested a general or comprehensive plan amendment by the local governing body that would include public notice and hearing.
2. The state lands being considered as urban lands suitable for urban planning are adjoining existing commercially or homesite developed lands which are either:
(a) Within the corporate boundaries of a city or town.
(b) Adjacent to the corporate boundaries of a city or town.
(c) Lands for which the designation as urban lands is requested pursuant to section 37-331.01.
3. The state lands under consideration are located in areas where planning for urban growth and development is appropriate, is beneficial to the trust and does not promote urban sprawl or leapfrog development.
4. The proximity of the urban lands to other developed areas and local jurisdictions is considered.
5. The urban lands' compatibility with adjoining development and land uses is considered.
6. The department has cooperated with the department of water resources to determine that the urban lands have the quality and quantity of water needed for urban development.
7. The department has fully cooperated with the local planning authorities with jurisdiction over the area or areas in which the state urban lands being considered are located.
8. All of the affected local planning authorities' development policies have been taken into consideration by the department.
9. The classification is consistent with the local planning authorities' development policies.
10. The proximity to and impact on public facilities, including streets and highways, water supply systems, wastewater collection and treatment systems and other public facilities and services necessary to support development, are considered.
11. It is in the best long-term interest of the trust to plan for development.
12. The types of land uses for state lands, including residential, commercial, industrial, agricultural, open space and recreational uses are considered.
13. The natural and artificial features of the state lands, including floodplains, geologic instabilities, natural areas, wildlife habitat, airport influence zones, other potentially hazardous conditions and historic and archaeological sites and structures are considered.
14. The timing of development is considered.
15. The impact to all existing leases in the area under consideration and in the general area is considered.
16. The department has resources available to plan the urban lands under consideration.
17. Any other considerations deemed relevant by the commissioner and local planning authorities.
F. Before approving the classification and proposed state general plan the commissioner shall determine whether the classification and state general plan are in the best interest of the trust. The commissioner shall state in writing the reasons for any determination that the classification or state general plan prepared according to this section would be detrimental to the interests of the trust.
G. After the commissioner approves the state general plan, no amendment or revision may be made without the commissioner's approval. The commissioner may approve a proposed amendment or revision only after notifying and meeting with the local planning authority regarding the nature of the proposed amendment or revision. If the local planning authority does not hold a public hearing on the proposed amendment or revision, the commissioner shall hold a public hearing on the proposed amendment or revision if the proposed amendment or revision does not substantially conform to the state general plan. If such a hearing is held, the proposed amendment or revision may be adopted after the hearing and after the commissioner and the local planning authority consider the information presented at the hearing. The commissioner shall provide notice of the public hearing as provided by subsections B, C and D of this section. If neither the commissioner nor the local planning authority determines that a public hearing is necessary, the commissioner may adopt the proposed amendment or revision.
H. If the land included in a state general plan was previously sold or leased, and the plan amendment proposed by the owner or lessee would substantially increase the value of the land as estimated by an appraisal or would compete with land uses elsewhere on land included under the plan, then as a condition for approving the amendment, the commissioner may require additional consideration.

Structure Arizona Revised Statutes

Arizona Revised Statutes

Title 37 - Public Lands

§ 37-101 - Definitions

§ 37-102 - State land department; powers and duties

§ 37-103 - Seal of state land department

§ 37-104 - Power to make and accept conveyances of real property

§ 37-105 - Inclusion of state lands under reclamation projects and irrigation districts; assessments and charges

§ 37-106 - Federal reclamation trust fund

§ 37-106.01 - Power to contract for central Arizona project water for use on state lands; payment of costs; selling unallocated water; disposition of revenue from sale of central Arizona project water and water rights

§ 37-107 - Fees; accounts

§ 37-108 - Court actions related to natural resources projects; remedies; account; definition

§ 37-109 - Alternative payment methods

§ 37-110 - Due diligence fund; exemption; reversion

§ 37-131 - State land commissioner; appointment; term; removal; compensation

§ 37-132 - Powers and duties

§ 37-132.01 - Performance and restoration account; agreements with public and private entities

§ 37-133 - Decisions of commissioner; filing; notice to persons in interest

§ 37-171 - Definitions

§ 37-172 - Resource analysis division; administrator; employees; compensation; state cartographer

§ 37-173 - Duties

§ 37-174 - Powers

§ 37-175 - Information; cost

§ 37-176 - Revolving fund; source of monies; claims

§ 37-177 - Arizona geographic information council

§ 37-178 - Geospatial data sharing

§ 37-201 - Examination and selection duties of commissioner

§ 37-202 - Selection board; powers and duties; distribution of central Arizona project water to state trust lands

§ 37-203 - Selection of lands; designation of land to institution or purpose; credit of receipts to specific funds

§ 37-204 - Advances for survey; repayment

§ 37-205 - Due diligence costs related to disposition of land

§ 37-211 - Investigations of and experiments on state lands to determine possible uses; reclassification

§ 37-212 - Classification of lands selected; reclassification

§ 37-213 - Board of appeals

§ 37-214 - Board of appeals; approval of participation contracts; appeal

§ 37-215 - Appeal from decision of commissioner or board of appeals

§ 37-221 - Sale or lease of state lands for public education purposes

§ 37-231 - State lands subject to sale; rights reserved in lands sold; state lands not subject to sale; development agreements

§ 37-232 - Application to purchase state lands or for reimbursement for improvements; deposit

§ 37-233 - Sale of state lands; restriction on sale of timber land; expense of sale

§ 37-234 - Sale of agricultural lands without application; limitation on sales of agricultural lands

§ 37-235 - Subdivision of state lands for sale; size and price limitations

§ 37-236 - Order by department of sale of lands; sale at auction; cancellation of sale; appeal

§ 37-236.01 - Sale of lands suitable for conservation purposes and other purposes at single auction

§ 37-237 - Notice required for sale of lands or lands and improvements; publication

§ 37-238 - Procedure for sale; report of sale

§ 37-239 - Participation contracts; planning and disposition proposals

§ 37-240 - Limitations on amount of land one person may purchase

§ 37-241 - Terms of sale of state land; payment; interest rate

§ 37-243 - Payment of rent in arrears; payment for use of land

§ 37-244 - Certificate of purchase; conditions

§ 37-245 - Rights conferred by certificate of purchase; recording of certificate

§ 37-246 - Sale of natural products of lands by purchaser under certificate of purchase; disposition of proceeds; violation; classification

§ 37-247 - Purchaser's default; forfeiture and cancellation of certificate of purchase; extension of time for payments

§ 37-249 - Actions to rescind sales

§ 37-250 - Replacement of lost or destroyed certificate of purchase

§ 37-251 - Issuance of patents for state lands

§ 37-252 - Taxation of lands sold

§ 37-253 - Report to assessor

§ 37-254 - Cancellation of tax assessment on lands reverting to state

§ 37-255 - Sale of or mortgage or other lien on interest of lessee or holder of certificate of purchase

§ 37-256 - Application of provisions; east half of dry bed of Colorado river

§ 37-257 - Application for sale

§ 37-258 - Sale of rights in dry riverbed

§ 37-258.01 - Sale of development rights

§ 37-259 - Application as offer to settle dispute

§ 37-260 - Selling and administrative expenses

§ 37-261 - Authority to auction reversion rights

§ 37-281 - Lease of state lands for certain purposes without advertising; terms and conditions

§ 37-281.01 - Lease of state lands for grazing purposes; notice

§ 37-281.02 - Leasing state lands for commercial purposes for more than ten years

§ 37-281.03 - Leasing land along Colorado river from United States; subleasing requirements; limitations

§ 37-281.04 - Default of lease of state land; assignment to cities and towns

§ 37-282 - Duty of lessees to cooperate with state land department in making classifications and appraisals

§ 37-282.01 - Mass appraisals; notice; procedure; definitions

§ 37-283 - Subleases by grazing lessee; limitation upon grazing use; sublease surcharge

§ 37-284 - Conflicting short-term lease applications; preference rights

§ 37-285 - Rental rates for grazing and other lands; grazing land valuation commission; reclassification and reappraisal; definitions

§ 37-286 - Execution of leases by land department; covenants; assignment of lease by lessee

§ 37-286.01 - Duty to exclude unauthorized livestock bond; damages; injunction

§ 37-287 - Reservation of rights in state land leases

§ 37-287.01 - Default on long-term lease; forfeiture and cancellation of lease; extension of time for payments; penalty and interest on delinquent rent

§ 37-288 - Default on short-term lease; forfeiture and cancellation of lease; extension of time for payment; penalty and interest on delinquent rental; automatic termination for arrearage

§ 37-288.01 - Disposition of personal property abandoned by lessee at the end of the lease; definitions

§ 37-289 - Procedure on cancellation of lease; notice, default, hearing and appeal

§ 37-290 - Cancellation of lease on reclassification of lands; preferred right to lease reclassified land; refund of advance rental payments

§ 37-291 - Preferred rights to renewal of lease; exceptions; notification

§ 37-294 - Recovery of lands unlawfully held

§ 37-295 - Disposition of long-term commercial lease prepayments; prepayment fund

§ 37-301 - Procedure for protesting auctions

§ 37-311 - Definitions

§ 37-312 - Nominating and classifying trust land as suitable for conservation purposes

§ 37-312.01 - Access to and use and enjoyment of private lands

§ 37-313 - Conservation lease of trust lands suitable for conservation; definition

§ 37-314 - Conveyance of title to trust lands suitable for conservation purposes

§ 37-315 - Withdrawing trust lands suitable for conservation purposes by department without lease or sale

§ 37-317 - Subordination to constitution and enabling act

§ 37-321 - Permission required for person other than holder of certificate of purchase to make improvements; forfeiture for failure to obtain permission; report of improvements

§ 37-321.01 - Rights to water used on state land; definition

§ 37-322 - Basis for appraisal of improvements; reimbursements; amortization; reimbursement for irrigation or district assessments and levies; limitation

§ 37-322.01 - Reimbursement for nonremovable improvements by succeeding lessee of lands not subject to auction; failure to pay; penalty

§ 37-322.02 - Payment by purchaser or succeeding lessee for improvements on auctioned land

§ 37-322.03 - Improvements on state lands; taxation; disposition on termination of lease; statement of improvements

§ 37-322.04 - Accounting for improvements which become property of state

§ 37-323 - Permission required for construction on floodplains; criteria

§ 37-324 - Development or secondary plan; effect

§ 37-331 - Definitions

§ 37-331.01 - Designation of state lands as urban lands on request

§ 37-331.02 - Urban land planning oversight committee

§ 37-331.03 - Conceptual urban state trust land use plans; five year state trust land disposition plans; definitions

§ 37-332 - Urban lands; notice; hearing; requirements; classification; state general plan

§ 37-334 - Designation of lands; development or secondary plan; requirements; approval

§ 37-334.01 - Development plan for a master plan area

§ 37-335 - Sale or lease of state lands for development

§ 37-335.01 - Compensation and reimbursement of lessee upon cancellation of lease

§ 37-335.02 - Off-site improvement of urban lands

§ 37-335.03 - Assessment district assessments and city improvement plan assessments as lien on urban lands within district; enforcement

§ 37-335.04 - Liens not liabilities of state

§ 37-335.06 - Agreements to fund, install and reimburse costs of infrastructure on trust lands

§ 37-336 - Rules; review and approval by legislature; duties of commissioner

§ 37-338 - Selection of application for development planning permit or secondary permit

§ 37-341 - Preliminary investigation of projects for reclamation of state lands

§ 37-342 - Acquisition by land department of rights necessary or advisable for reclamation or irrigation of state lands

§ 37-343 - Investigation of adverse claims upon state lands; protection of equities of persons appropriating water prior to reservation of land for the state

§ 37-371 - Definition of acquired entitlement land

§ 37-372 - Payments to local governments with respect to acquired entitlement lands

§ 37-411 - Rights of entrymen under federal laws to possession and enjoyment of land

§ 37-412 - Limitation on claims; marking boundaries of claim; notice; recording of notice

§ 37-441 - Taking by state of state lands and improvements; reimbursement of owners for improvements; lease by department or institution

§ 37-442 - Application by department or institution to take over state lands; approval by governor; compensation of lessee for improvements and damages resulting from termination

§ 37-443 - Improvements as state property

§ 37-444 - Offset against rent due from trust beneficiaries; substituting trust designations

§ 37-461 - Grants of rights-of-way and sites for public uses

§ 37-481 - Conservation and administration of products of state lands

§ 37-482 - Contracts for sale of timber; limitations; universities timber land account; composition; use

§ 37-483 - Program to remove vegetative natural products; hazardous vegetation; definition

§ 37-501 - Trespass on state lands; classification

§ 37-502 - Damages in civil action for trespass on state lands; seizure of products; report of trespasses

§ 37-503 - Disposition of personal property unlawfully abandoned on state land

§ 37-521 - Permanent state school fund; composition; use

§ 37-522 - Universities land fund; composition; use

§ 37-523 - Normal schools land fund; composition; use

§ 37-524 - Agricultural and mechanical colleges land fund and school of mines land fund; composition; use

§ 37-525 - Other land funds; composition; use

§ 37-526 - Central Arizona project municipal and industrial repayment fund

§ 37-527 - Trust land management fund

§ 37-601 - Authorization to exchange

§ 37-602 - Notice

§ 37-603 - Method of exchange; appraisal

§ 37-604 - Exchange of state land; procedure; limitation and exceptions; definition

§ 37-604.01 - Exchange of state subsurface rights and interests

§ 37-605 - Title; reservations, restrictions and encumbrances

§ 37-606 - Protest; public hearing; judicial review

§ 37-607 - Method of exchange; valuation

§ 37-608 - Supplemental authority

§ 37-609 - Exchange of sovereign lands

§ 37-610 - Disposition of surplus floodplain lands

§ 37-611 - Acquisition of lands by United States for penal purposes

§ 37-612 - Concurrent jurisdiction of the United States over lands acquired for penal purposes; termination of jurisdiction

§ 37-613 - Power of state to serve process upon land ceded United States for penal purposes

§ 37-615 - Exchange of road rights-of-way on state land; procedure; limitation and exceptions

§ 37-616 - Protest; public hearing; judicial review

§ 37-617 - Method of exchange; valuation

§ 37-618 - Supplemental authority

§ 37-620 - Vesting of concurrent criminal jurisdiction in the United States over certain lands and areas

§ 37-620.01 - Concurrent jurisdiction over veterans administration properties; acceptance

§ 37-620.02 - State consent to acquisition of land by the United States for exclusive jurisdiction

§ 37-620.03 - National monuments; catalog; attorney general; litigation

§ 37-620.11 - Enactment of compact

§ 37-620.21 - Holistic resource management program

§ 37-620.31 - Arizona resource advisory council; membership; duties; report

§ 37-701 - Acceptance of Carey land acts; state agency

§ 37-702 - Application for selection of arid lands for irrigation projects or reclamation projects; proposal; deposit

§ 37-703 - Processing of proposal by land department; processing by director of water resources; approval or disapproval of application

§ 37-704 - Contract; contents; bond of contractor

§ 37-705 - Contract provisions as to beginning and completion dates; forfeiture for failure to prosecute work

§ 37-706 - Persons eligible to apply for entry; limitation on area; contents of application; price of lands; disposition of monies received

§ 37-707 - Procedure upon completion of project by settler; application for federal patent; grant of state patent to settler

§ 37-708 - Water rights appurtenant to lands; lien; foreclosure and redemption

§ 37-709 - Maps of project; right of easement reserved

§ 37-710 - Reservation of mineral rights in school lands sold

§ 37-721 - Acceptance of Taylor grazing act, amendment of enabling act and other federal laws relating to exchange of lands

§ 37-722 - Authority of land department and selection board to make exchanges of state owned for federally owned land

§ 37-723 - Distribution of money received from United States; appropriations to counties

§ 37-724 - Receipts from lease of public lands

§ 37-725 - Receipts from grazing district fees; district treasurer; duties

§ 37-726 - Expenditure of grazing fees of district; purposes authorized

§ 37-741 - Public roads and public education fund; purposes; approval of expenditures by legislature; distribution

§ 37-801 - Duty to disclose names of persons having a beneficial interest in real property

§ 37-802 - Disposition of real property by state agency; alternative fuel delivery systems; definition

§ 37-803 - Disposition of real property by state agency

§ 37-804 - Payment of outstanding taxes, penalties and interest on acquiring property

§ 37-901 - Definitions

§ 37-902 - Public lands; public policy; state land department

§ 37-903 - State land commissioner; powers; duties

§ 37-904 - Public lands board of review; members; powers and duties; staff and officers; service of process

§ 37-905 - Appeal of commissioner's decision; board of review; procedures; decision; further appeal

§ 37-906 - Public lands; disposal; use; written authorization required

§ 37-907 - Federal lands acquired without legislative consent; placement on tax rolls

§ 37-908 - Powers and duties of attorney general

§ 37-909 - State payments to counties

§ 37-931 - Claims of right-of-way under revised statute 2477

§ 37-1001 - Declaration of policy

§ 37-1002 - Definitions

§ 37-1011 - Division of natural resource conservation

§ 37-1012 - State natural resource conservation commissioner

§ 37-1013 - Powers and duties of commissioner

§ 37-1014 - State financial assistance; application; criteria

§ 37-1015 - Environmental special plate fund; distribution

§ 37-1031 - Petition for creation of district

§ 37-1032 - Hearing on petition; notice

§ 37-1033 - Determination by commissioner

§ 37-1034 - Referendum; election of supervisors

§ 37-1035 - Proclamation of result of referendum and election; terms of supervisors

§ 37-1036 - Proceedings to organize district; certificate of organization

§ 37-1037 - Addition of territory

§ 37-1038 - Dissolution of district

§ 37-1039 - Status following dissolution

§ 37-1040 - Change in boundaries; combination or division of districts; change in name of districts

§ 37-1051 - District supervisors; term of office; biennial election

§ 37-1052 - Organization of supervisors; vacancies

§ 37-1053 - Powers and duties of supervisors

§ 37-1054 - Powers of district

§ 37-1055 - Limitation of powers

§ 37-1056 - Cooperation between districts

§ 37-1057 - Cooperation by state agencies

§ 37-1101 - Definitions

§ 37-1102 - Trust advocate

§ 37-1121 - Arizona navigable stream adjudication commission

§ 37-1122 - General powers and duties of the commission

§ 37-1123 - Receiving and compiling evidence and records

§ 37-1124 - Compiling evidence and records by department

§ 37-1126 - Hearings; notice

§ 37-1128 - Determination of navigability

§ 37-1129 - Judicial review

§ 37-1130 - Title to bed of nonnavigable watercourse; appropriation of waters for public trust values

§ 37-1131 - Notice to landowners; quiet title action

§ 37-1132 - Refunds to record title owners

§ 37-1151 - Petition to release public trust status

§ 37-1152 - Auction and sale of released public trust lands

§ 37-1153 - Permit to use public trust lands

§ 37-1154 - Public improvements in beds of navigable watercourses; definition

§ 37-1155 - Prior use of public trust lands

§ 37-1156 - Riparian trust fund; acquisition and management of riparian lands

§ 37-1201 - Declaration of policy

§ 37-1202 - Definitions

§ 37-1221 - Military airport land exchange section; purpose; employees; compensation

§ 37-1222 - Military airport land exchange proposal application; agreement

§ 37-1223 - Powers and duties of the section; limitations

§ 37-1224 - Military airport land exchange fund

§ 37-1301 - Arizona department of forestry and fire management; state forester; appointment; qualifications

§ 37-1302 - Powers and duties of state forester; rules; legislative presentation; acceptance of federal law

§ 37-1303 - Suppression of wildfires; powers and duties of state forester; entry on private lands

§ 37-1304 - Forestry administrative districts; equipment and personnel

§ 37-1305 - Emergencies; prohibiting fireworks; liabilities and expenses; fire suppression revolving fund

§ 37-1306 - Cooperative forestry fund; purpose; exemption

§ 37-1307 - State fire safety committee; members; terms; powers and duties; compensation; fire watch requirements

§ 37-1308 - Fire detection, prevention and suppression training for ranchers and landowners; immunity

§ 37-1309 - Nonnative vegetation species eradication fund; department duties; grants; annual report

§ 37-1310 - Emergency medical services on federal lands; payment; requirements; definition

§ 37-1361 - Enactment of compact

§ 37-1381 - Office of the state fire marshal; purpose; assistant director; qualifications

§ 37-1382 - Deputy fire marshals and assistants; appointment; duties; recovery of costs

§ 37-1383 - Powers and duties; arson investigators

§ 37-1384 - Inspection; consent; search warrant

§ 37-1385 - School protection; definition

§ 37-1386 - Construction of article; hazardous materials; electronic filing

§ 37-1387 - Arson detection reward fund; administration; purpose; receipts and disbursements

§ 37-1388 - Fire protection systems; definitions

§ 37-1389 - Substitute refrigerants; approval by administrator

§ 37-1390 - Safety standards in fire training

§ 37-1391 - Cease and desist order; law enforcement procedures; violation; civil penalty

§ 37-1401 - Definitions

§ 37-1402 - Test method and performance standard; civil penalty; reports

§ 37-1403 - Certification; product change; fee

§ 37-1404 - Markings; requirements; office of the state fire marshal approval

§ 37-1405 - Civil penalties; seizure

§ 37-1406 - Implementation; rulemaking; inspection of cigarettes; definitions

§ 37-1407 - Inspection

§ 37-1408 - Sale outside of state

§ 37-1409 - State preemption

§ 37-1421 - Definition of trampoline court

§ 37-1422 - Duties; fund

§ 37-1423 - Registration; renewal

§ 37-1424 - Trampoline court owners and operators; requirements; denial of entry; rules

§ 37-1425 - Enforcement

§ 37-1426 - Trampoline court regulation; state preemption