HB 2319 — private property; design; regulations; prohibition

Bill Text

• Introduced Introduced Version Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill adds a new section to Arizona law that prohibits municipalities from imposing certain regulations on privately owned single-family lots.

• Title 9, chapter 4, article 6, Arizona Revised Statutes

  9-461.19. Private property; rights; state preemption; design; materials; regulations; prohibition; applicability; definitions A. PRIVATE PROPERTY RIGHTS AND THE REGULATION OF PRIVATE PROPERTY RIGHTS ARE A MATTER OF STATEWIDE CONCERN. THE REGULATION OF PRIVATE PROPERTY RIGHTS PURSUANT TO THIS SECTION IS NOT SUBJECT TO FURTHER REGULATION BY A CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE. B. NOTWITHSTANDING ANY OTHER LAW, A MUNICIPALITY MAY NOT ADOPT OR ENFORCE ANY REGULATION, STANDARD, STIPULATION OR OTHER REQUIREMENT ON AN INDIVIDUALLY OWNED SINGLE-FAMILY LOT THAT DOES ANY OF THE FOLLOWING: 1. LIMITS THE USE OF A BUILDING MATERIAL OR PRODUCT, UNLESS THE SPECIFIC USE OF THE BUILDING MATERIAL OR PRODUCT WOULD VIOLATE AN APPLICABLE BUILDING CODE. 2. IMPOSES AN AESTHETIC DESIGN REQUIREMENT OR ANY OTHER REQUIREMENT THAT VIOLATES THE FIRST AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES. 3. IMPOSES ANY REQUIREMENT THAT DIRECTLY OR INDIRECTLY LIMITS THE USE, PLACEMENT OR ENJOYMENT OF TANGIBLE PERSONAL PROPERTY. 4. DIRECTLY OR INDIRECTLY PROHIBITS THE SALE OR TRANSFER AND COMPATIBLE USE OF ANY PORTION OF A PARCEL OR LOT. 5. IS NOT UNIFORMLY VERIFIABLE BY REFERENCE TO AN EXTERNAL AND UNIFORM BENCHMARK, STANDARD OR CRITERION THAT IS AVAILABLE AND KNOWABLE TO THE PROPERTY OWNER. 6. PREVENTS THE INSTALLATION OR USE OF ENERGY OR WATER CONSERVATION PRODUCTS OR MATERIALS. 7. REQUIRES A SINGLE-FAMILY HOME, ACCESSORY DWELLING UNIT AS DEFINED IN SECTION 9-461.18, WALL, FENCE OR OTHER STRUCTURE TO INCLUDE A SPECIFIC DESIGN, LAYOUT, MATERIAL, FEATURE, PRODUCT OR ANY REQUIREMENT THAT IS RELATED TO THE FORM OR DESIGN OF OFF-STREET VEHICLE PARKING. 8. REQUIRES A FEATURE, PRODUCT OR DESIGN ELEMENT THAT THE PROPERTY OWNER DOES NOT WANT OR CANNOT AFFORD. 9. DIRECTLY OR INDIRECTLY LIMITS A PROPERTY OWNER FROM GROWING FOOD ON THEIR PROPERTY. 10. REQUIRES A SHARED FEATURE, SHARED AMENITY OR INFRASTRUCTURE THAT WOULD REQUIRE A HOMEOWNERS' ASSOCIATION OR OTHER ASSOCIATION AS DEFINED IN SECTION 33-1802 TO MAINTAIN OR OPERATE, UNLESS REQUIRED BY FEDERAL LAW. C. THIS SECTION DOES NOT APPLY IF THE REGULATION, STANDARD, STIPULATION OR OTHER REQUIREMENT IS OBJECTIVE AND STRICTLY NECESSARY TO PROTECT PUBLIC HEALTH AND SAFETY OR PREVENT A SIGNIFICANT EXTERNALITY AND IS THROUGH THE LEAST RESTRICTIVE MEANS. D. FOR THE PURPOSES OF THIS SECTION: 1. "OBJECTIVE" MEANS INVOLVING NO PERSONAL OR SUBJECTIVE JUDGMENT BY A MUNICIPAL EMPLOYEE OR OFFICIAL AND BEING UNIFORMLY VERIFIABLE BY REFERENCE TO AN EXTERNAL AND UNIFORM BENCHMARK, STANDARD OR CRITERION THAT IS AVAILABLE AND KNOWABLE BY BOTH A PROPERTY OWNER AND A MUNICIPAL EMPLOYEE OR OFFICIAL. 2. "SIGNIFICANT EXTERNALITY": (a) MEANS A NONTRIVIAL NEGATIVE IMPACT ON A PERSON BEYOND THE PROPERTY LINES OR SOCIETY AT LARGE. (b) INCLUDES NOISE, LIGHT OR AIR POLLUTION. (c) DOES NOT INCLUDE A SUBJECTIVE PREFERENCE.

  This creates a new section prohibiting municipalities from regulating various aspects of private property rights related to single-family lots.

Action History

1. January 22, 2025

   House Second Reading

2. January 21, 2025

   House First Reading.

Sponsors

• Nick Kupper · Cosponsor
• Laurin Hendrix · Cosponsor
• Michael Carbone · Cosponsor
• John Gillette · Primary

Subjects