Requirements that prospective property owners be notified in advance of their purchase that the land is near a military facility and/or may be affected by aspects of military activities (noise, etc).
Land Use Planning Around Military Airports
Series of laws dating back to 1978 provide statutory guidance on compatible land use planning around Military Airports. Most recent legislation includes SB 1062, 1995; SB 1514, 2000; SB 1525, 2001; SB 1393, 2002; HB 2140, 2004 and HB 2141, 2004 that set forth the following:
- 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.”
- 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.)
- By December 31, 2005 cities, towns and counties must identify these boundaries within their general/comprehensive plan.
- 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 60 days prior to adoption.
- Cities, towns and counties must provide notice to the attorney general within three days of approval, adoption, or readoption of the general/comprehensive plan.
- 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 ARS 28-8481 (J).
- Governing body has thirty 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 (ARS 28-8481 (J)) a county may approve transfer of development rights and inter 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.)
- 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, accident potential zone ones and two. 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. Beginning December 31, 2004 this requirement will also apply to ancillary military facilities.
- Cities, Towns and Counties must:
- Provide the military airport notice an opportunity to provide comments on general and comprehensive plans or amendments prior to adoption.
- Provide the military airport notice of public hearings for zoning changes. If the 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.)
- Consider military airport or ancillary military facility operations with land use element.
- 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 consider and analysis prior to a final decision. Beginning December 31, 2004 this requirement will also apply to ancillary military facilities.
- 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 includes, if available, map of military operations. Beginning December 31, 2004 this requirement will also apply to ancillary military facilities.
- 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.”
- ARS 28-8480 provides that a political subdivision “may 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.”
ARS 28-8461 (HB 2662, 2004) provides a definition of “military training route.” ARS 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. ARS 32-2183 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.