Bill Text: AZ HB2319 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced

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Bill Title: Private property; design; regulations; prohibition

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2025-01-29 - House GOV Committee action: Held, voting: (0-0-0-0-0-0) [HB2319 Detail]

Download: Arizona-2025-HB2319-Introduced.html

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REFERENCE TITLE: private property; design; regulations; prohibition

 

 

 

 

State of Arizona

House of Representatives

Fifty-seventh Legislature

First Regular Session

2025

 

 

 

HB 2319

 

Introduced by

Representatives Gillette: Carbone, Hendrix, Kupper

 

 

 

 

 

 

 

 

AN ACT

 

amending title 9, chapter 4, article 6, arizona revised statutes, by adding section 9-461.19; relating to municipal planning.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 9-461.19, to read:

START_STATUTE9-461.19. 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.  END_STATUTE

Sec. 2. Legislative findings

The legislature finds:

1. That pursuant to article II, section 2, Constitution of Arizona, property rights are a fundamental element of individual rights and personal freedom.

2. That the ability to buy, sell and use property to its highest and best use, as protected in the fifth amendment of the Constitution of the United States, is essential to freedom and prosperity for citizens of the state.

3. That the opportunity for each Arizona citizen to build a life for their family and pursue the American dream shall not be abridged by unreasonable municipal regulation and enforcement.

Sec. 3. Short title

This act may be cited as the "Arizona Property Bill of Rights".