Land Use Planning and Land Conservation around Military Airports, and Notification
Arizona passed a series of laws from 2001 to 2007 that require compatible land use around the state’s four military airports by enforcing planning, zoning, and noise requirements. The Preservation of Military Airports Act (2001) mandates a city, town, or county containing territory within the vicinity of a military airport must consult with, advise, and provide these military airports with the opportunity to comment on the use of land surrounding their installation.
•Established "high noise or accident potential zone" (generally the noise contours and the arrival departure corridors) around each military airport and their ancillary military facility and its requirements:
- Cities, towns and counties shall adopt and enforce zoning regulations to "assure development compatible with the high noise and accident potential generated by military airport and ancillary military facility operations that have or may have an adverse effect on public health and safety." The Act mandates the incorporation of sound attenuation standards into all local building codes.
- Defined "compatible" land use matrix (A.R.S. §28-8481 (J)) within high noise or accident potential zones. (One military airport is to use their Joint Land Use Study in order to determine compatibility.)
- Cities, towns and counties must send a copy of general/comprehensive plan or an element or major amendment of the general plan to the attorney general at least 15 days prior to adoption.
- Cities, towns and counties must provide notice to the attorney general within three days of approval, adoption, or re-adoption of the general/comprehensive plans
-The attorney general has 25 days after receipt of the plan to determine if it is compatible with the land use matrix set forth in A.R.S. §28-8481 (J).
-Governing body has 30 days after receipt of notice from attorney general to reconsider their actions. If actions are reaffirmed, the attorney general may institute a civil action.
- In order to facilitate development set forth in the compatibility land use matrix (A.R.S. §28-8481 (J)) a county may approve transfer of development rights and enter into an intergovernmental agreement with another political subdivision.
- Provides a "fair market value" of minimum one residential dwelling unit per acre for political subdivisions, state or an agency or instrument of the United States when purchasing land or development rights.
- Prohibits local jurisdictions from permitting or approving new divisions of land zoned for residential use if the division would result in a lot, parcel or fractional interest of four acres or less. A waiver may be granted.
- Applications for public reports must include a statement that the property is located in a high noise or accident potential zone. (This is in addition to a statement that the property is located in a territory in the vicinity.)
•In 2002, Arizona passed another military airport preservation law that further elaborates on land-use compatibility as well as prohibits new school construction in accident potential and high noise zones. The law established "territory in the vicinity" (a larger area designed to capture major military operating areas) requirements for military airports and ancillary military facilities:
- The State Land Department is to prepare a map with legal description of the territory in the vicinity of ancillary military facility and the accompanying high noise or accident potential zone. This information is to be sent to the appropriate county, made available to the public at the State Land Department and the Department of Real Estate.
- Establishes sound attenuation requirements for new residential development; portions of buildings where the public is received; office areas in new buildings; schools; libraries and churches.
- Cities, Towns and Counties must:
-Include in the land use element of their comprehensive plans consideration of military airport or ancillary military facility operations;
-Provide the military airport notice an opportunity to provide comments on general and comprehensive plans or amendments prior to adoption;
-Identify the boundaries of any high noise or accident potential zone in their comprehensive plans;
-Provide the military airport notice of public hearings for zoning changes. If military airport provides comments concerning the compatibility of the proposed rezoning prior to the first hearing, the governing body must hold a public hearing and consider the comments before a final decision is made. (This insures that plans are not adopted on a consent agenda.)
- The School Facilities Board must notify military airports of hearings regarding any applications for school facilities funding. Any comments or analysis received from the military must be considered and analyzed prior to a final decision.
- The Department of Real Estate and local government shall request and maintain map of military operations and military airport contact information and make available to the public.
- Disclosure regarding transfer or sale of land: For residential property, statement must be on first page of public report and include, if available, map of military operations.
- The Department of Real Estate shall execute and record a document for with the appropriate county recorder for land with the following disclosure: "this property is located within territory in the vicinity of a military airport or ancillary military facility and may be subject to increased noise and accident potential."
- A seller of residential real estate must provide a written disclosure prior to the transfer of title if the property is located in territory within the vicinity of a military airport or ancillary military facility as shown on a map prepared by the State Land Department, including training routes and restricted airspace.
- Authorizes a political subdivision to, “acquire, by exchange, purchase, lease, donation, devise or condemnation, land or interests in land for the continued operation of a military airport or ancillary military facility.”
•S.B. 1206 of 2010, amended Arizona’s long-term comprehensive plan for development to include:
- Counties with territory in the vicinity of a military airport or ancillary military facility, the County Planning and Zoning Commission will consider military airport or ancillary military facility operations and, on or before December 31, 2005, identify the boundaries of any high noise or accident potential zone in its comprehensive plan for purposes of planning land use in the high noise or accident potential zone that are compatible with the operation of the military airport or ancillary military facility.
- In proceedings involving rezoning of land that is located within territory in the vicinity of a military airport or ancillary military facility, the Commission is required to send copies of the notice of public hearing to the military airport.
- A county that contains any portion of a military electronics range as delineated in the military electronics range map prepared by the state Land Department is required to notify the Office of the Installation Commander when an application is deemed complete by the county to do any of the following within any portion of the military electronics range:
-Rezone the property;
-Issue a building or other development permit, including an application for construction or installation of a publicly or privately operated utility, for the property;
-Subdivide the property or otherwise divide the property, including any land division into five or fewer lots, whether for residential, industrial, commercial or any other use.
- A county is required to provide notice to the Office of the Installation Commander by providing a copy of the application and relevant documentation that is necessary to adequately describe the proposed land use change as it relates to the military operations at the installation.
Military Preservation/ State Trust Land Exchanges
A.R.S. §37-604 allows the State Land Department to exchange state lands managed by the Department for any other land in the state, specifically to encourage compatible use of lands near military airports. Exchanges may be made for land owned or administered by other state agencies, counties, municipalities, and private parties.
Arizona S.B. 1410 of 2010, revised the process to review and evaluate proposed state trust land exchanges and allows state land to be exchanged for public land in the state to assist in preserving and protecting military facilities, instead of only military airports. “Military Facilities” are defined to include: military airports, ancillary military facilities, military training routes, high noise or accident potential zones and territory in the vicinity, military electronics ranges, military restricted airspace, the Barry M. Goldwater range, and military reservations or other real property owned by, leased to, designated for, reserved to or under the jurisdiction of an active unit of the uniformed services or any Reserve or National Guard component of the United States.
Arizona S.B 1410 of 2010 does not become effective unless the Constitution of Arizona is amended by vote of the people during the November 2, 2010 election to authorize exchanges of state trust land for other public lands.
Hazard Disclosure Report
Laws 2006, Chapter 384, added section §33-423 to the Arizona Revised Statutes, creating a Hazard Disclosure Report for real property based on officially adopted and electronically posted or readily available governmental maps or information. The report may be distributed to buyers and sellers. Hazards specified in the report include military airports or ancillary military facilities, and military training routes.
Military Installation Fund
Arizona S.B. 1350 of 2010 amended A.R.S. § 26-262, the Military Installation Fund, by directing the Adjutant General to administer the fund. The Adjutant General is required to work with the Department of Emergency and Military Affairs, as well as the Military Affairs Commission to adopt procedures for receiving and evaluating applications and awarding monies. This money is to be allocated for military installation preservation and enhancement projects and to acquire private property, real estate or property rights and related infrastructure to preserve or enhance a military airport or "any real property that services, supports or is used by the military." The money is also to be allocated for removal of structures or improvements that are necessary for acquisition of private property and management of acquired property. Monies may also be used for structural renovations or construction of building modifications or improvements that mitigate or attenuate impacts in high noise or accident potential zones. The Department of Emergency and Military Affairs may transfer any real estate, property rights and related infrastructure that are acquired to any other governmental agency for the purposes of preserving or enhancing military installations.
Military Training Routes
A.R.S. §28-8461 (H.B. 2662 of 2004) provides a definition of "military training route." A.R.S. §32-2114 stipulates that the Real Estate Commissioner must execute and record in each county recorder's office a document disclosing the land under military training routes delineated by the State Land Department (using the Department of Defense document, "Area Planning Military Training Routes for North and South America.") This information will include a legal description of the military training routes. A.R.S. §32-2183.05 establishes that public reports issued after December 31, 2004 shall disclose if any lots, parcels, or fractional interests within the subdivision are under a military training route.
Natural Gas Storage Facility Restriction
A.R.S. §49-1302 (H.B. 2134 of 2004) prohibits the location of a natural gas facility within nine miles of Luke Air Force Base. The bill included a legislative findings section that states such activities "are subject to state regulation as provided by 49 United States Code 60104c."
Air Space Restriction Real Estate Disclosure Residential Property
A.R.S. §32-2183.06 establishes that public reports issued after December 31, 2006 must disclose property located under restricted air space, and must include the following: (1) statement that the property is located under restricted air space, (2) the State Land Department and the State Real Estate Department maintain restricted air space maps available to the public, and (3) the restricted air space map posted on the Real Estate Department's web site.
The Heritage Fund
In 1990, the Heritage Fund was approved by the citizens of Arizona as a potential beneficiary of Arizona Lottery revenues. The Heritage Initiative sets aside $20 million in lottery revenues each year for parks, trails, and natural areas, historic preservation, and a full range of wildlife conservation activities. The allocation each year is split equally between Arizona State Parks and the Arizona Game and Fish Department. Grants from the Heritage Fund are used to provide funding for a variety of projects across the state.
Government Relations Associate
Arizona Preserve Initiative
Enacted in 1996 (H.B. 2555), the Arizona Preserve Initiative (API) aims to protect select parcels of state trust land in and around urban areas. API allows trust land to be leased for up to 50 years or sold for conservation purposes. The state, a local government, or the public may petition the state land commissioner to have trust lands reclassified for conservation. After all appropriate notifications, public hearings, and consideration of physical and economic impacts, the commissioner may reclassify the land. Existing leases on reclassified land may not be canceled or impaired. Grants from the Growing Smarter State Land Trust Acquisition Grant program complement API by providing 50-50 matching grants to preserve trust land.
Growing Smarter Act
In 1998, voters approved Proposition 303, which established an annual $20 million appropriation by the Arizona Legislature from the General Fund to the Land Conservation Fund for the Growing Smarter State Trust Land Acquisition Grant program. The purpose of the program is to fund grants from monies in the Land Conservation Fund “to conserve open spaces in or near urban areas and other areas experiencing high growth pressures.” However, with the passage of S.B. 1071 of 2003, the Arizona State Parks Board will transfer $2 million annually to the Livestock and Crop Conservation Fund administered by the Department of Agriculture. As a result, an $18 million annual appropriation is available for the Growing Smarter grant program. The appropriation began in fiscal year 2001 (July 1, 2000-June 30, 2001) and will continue through fiscal year 2011. The program has $40 million dollars in reserve funds that are being rolled over to fiscal year 2012. The legislature did not extend the program and the Fund will become insolvent after FY 2012.
Uniform Conservation Easement Act
Arizona Revised Statutes §33.271 et seq. provide for the state’s Uniform Conservation Easement Act, which authorizes the creation of permanent easements on real property for conservation and historic preservation purposes.
Forest Legacy Program
The state’s Forest Legacy program is administered by the Forestry Division of the State Lands Department. The program was created to identify and protect environmentally important private forest areas that are threatened by conversion to non-forest uses.
Real Estate Disclosure Law
A.R.S. §§ 32-2113 and 32-2114 require the Department of Real Estate to execute and record a document, in each county recorder’s office, the following disclosure: “this property is located within territory in the vicinity of a military airport or ancillary military facility and may be subject to increased noise and accident potential.” Land under a military training route (as defined in § 28-8461) must also be disclosed.
The Department of Real Estate and local government are required to post on its website
the following maps prepared by the State Land Department:
(1) military training route map.
(2) restricted air space map.
(3) military electronics range of a military installation.
A.R.S. § 28-8484 Military Airport Disclosure; Residential Property
Disclosure regarding transfer or sale of land: Statement must be on first page of public report and include, if available, map of military operations.
• A seller of residential real estate must provide a written disclosure prior to the transfer of title if the property is located in territory within the vicinity of a military airport or ancillary military facility as shown on a map prepared by the State Land Department, including training routes and restricted airspace.
A.R.S. § 32-2114.01 requires the Real Estate Commissioner to execute, in each county, a document that records military electronics ranges as delineated in the military electronics range map prepared by the State Land Department, applicable to land contained in a military electronics range and discloses that the land is contained in a military electronics range.
A.R.S § 28-8483 authorizes the Real Estate Department and political subdivisions that have territory in the vicinity of a military airport to request, from each military airport in the state, a registry of information including maps of military flight operations and a list of contact persons at each military airport who are knowledgeable about the impacts of military flight operations at the military airport. The Real Estate Department and political subdivisions must maintain the registry of information provided by the military airport and make the registry available to the public on request.
Light Pollution/Dark Night Skies
Arizona Revised Statutes §49-1102 require all outdoor light fixtures to be fully or partially shielded except incandescent fixtures of one hundred fifty watts or less and other sources of seventy watts or less. A.R.S. §49-1103 requires outdoor light fixtures that are not exempt from this article are extinguished between the hours of midnight and sunrise by an automatic shutoff device. A.R.S. §49-1106 exempts any county, city or town that has adopted provisions restricting light pollution which are equal to or more stringent than provisions in this statute.
Governor’s Commission for Military Affairs
The Governor’s Commission for Military Affairs was created by Governor Janet Napolitano under Executive Order 2004-04 to serve as a permanent body to monitor and make recommendations to the Governor on executive, legislative and federal actions necessary to sustain and grow Arizona’s network of military installations, training and testing ranges and associated airspace. The legislature codified the Commission in 2005, making changes to the composition of the group through Arizona S.B. 1350 of 2010. The Commission is comprised of 15 voting members and 4 ex-officio members. The ex-officio members include a state land commissioner or a designee of the commissioner, a representative of Installation Commanders, the Adjutant General and a representative from a federal agency involved in land use issues.
Coordination of Military and Civilian Airports
Procedures were established to allow for communication and open lines between civilian and military airports. The State Department of Transportation, Aeronautics Division requires airport sponsor to include a military representative on the Planning Advisory Committee (PAC). Arizona Military Airspace Group includes a member of the Arizona Airports Association, and vice versa.
Arizona Military Regional Compatibility Project
This planning effort began as a result of legislation enacted in 2001 (S.B. 1120) that appropriated funds to develop comprehensive land use plans in the noise and accident potential zones surrounding active military airports. The project has grown now to include support and funding from the United States Department of Defense, Office of Economic Adjustment. Planning efforts are complete for the area around Luke Air Force Base, Luke Auxiliary Field #1, Davis-Monthan Air Force Base, Barry M. Goldwater Gunnery Range/Gila Bend Auxiliary Field, Marine Corp Air Station, Yuma, and Fort Huachuca.
Economic Study of Arizona's Principal Military Operations
A study titled “Economic Impact of Arizona’s Principal Military Operations,” was commissioned by the communities of Glendale, Avondale, Goodyear, Litchfield Park, Peoria, Phoenix, Surprise, Tucson, Wickenburg, and Yuma to document the economic impact of Arizona’s active military facilities. It was completed by The Maguire Company in collaboration with ESI Corporation. Released in May 2002, the study concluded that the military industry’s economic and fiscal impacts are substantial and represent a key component of the state’s economy. A second Maguire Study, completed in 2008, which updated the former study, also concluded that the military industry provides substantial, stable employment, draws on the same private, non-governmental vendors and suppliers, as many private commercial enterprises in the state, and serves as an important building block in the state’s overall economy.
State Contact Information
Governor’s Policy Advisor for Public Safety
Mr. Joseph Cuffari
The Honorable Jan Brewer
Governor of Arizona
1700 West Washington
Phoenix, Arizona 85007
Military Liaison POC
Judy Kioski, Public Affairs Officer
Department of Emergency and Military Affairs
5636 East McDowell Road
Phoenix, Arizona 85008-3495
Arizona Department of Veterans Services
Mr. Dave Hampton, Legislative Liaison
Department of Veterans Services
3839 North Third Street,
Phoenix, AZ 85012
Brigadier General Michael T. McGuire, Adjutant General
Arizona Department of Emergency and Military Affairs
5636 East McDowell Road
Phoenix, Arizona 85008-3495
(602) 267-2715 fax
Major Gabe Johnson, Public Affairs Officer
5636 E. McDowell Road
Phoenix, AZ 85008
Sergeant Lauren Twigg
5636 E. McDowell Road
Phoenix, AZ 85008
Legislative Process Regarding Military POCs
The House Committee on Military Affairs and Public Safety is the primary committee to address military issues. The Senate Committee on Veterans and Military Affairs is the primary committee to address military issues. However, the Governor’s office is the primary body dealing with military base issues.
Committees of Primary Jurisdiction/Legislative Contact
House Committee on Military Affairs and Public Safety
Representative Debbie Lesko, Chairman
1700 W. Washington, Room 222
Phoenix, Arizona 85007
(602) 417-3109 fax
Senate Committee Commerce, Energy and Military
Senator Al Melvin, Chairman
1700 W. Washington, Room 303
Phoenix, Arizona 85007
(602) 417-3159 fax