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HB2080 - 572R - I Ver
PREFILED��� DEC 18 2025
REFERENCE TITLE:
municipal general plan; adoption
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2080
Introduced by
Representative
Bliss
AN
ACT
amending section 9-461.06, arizona
revised statutes; relating to municipal planning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-461.06, Arizona Revised
Statutes, is amended to read:
START_STATUTE
9-461.06.
Adoption and amendment of general plan; expiration and readoption
A. In municipalities that
have territory in a high noise or accident potential zone as defined in section
28-8461, the legislature finds that in general plans and amendments to
general plans land use compatibility with the continued operation of a military
airport or ancillary military facility as defined in section 28-8461 is a
matter of statewide concern.
B. The general plan and
any amendment to
such
the
plan shall
be adopted or readopted in the manner provided in this article.
C. The governing body
shall:
1. Adopt written
procedures to provide effective, early and continuous public participation in
the development and major amendment of general plans from all geographic,
ethnic and economic areas of the municipality. The procedures shall
provide for:
(a) The broad
dissemination of proposals and alternatives.
(b) The opportunity for
written comments.
(c) Public hearings after
effective notice.
(d) Open discussions,
communications programs and information services.
(e) Consideration of
public comments.
2. Consult with, advise
and provide an opportunity for official comment by public officials and
agencies, the county, school districts, associations of governments, public
land management agencies, the military airport if the municipality has territory
in the vicinity of a military airport or ancillary military facility as defined
in section 28-8461, a military installation
or
range
or Arizona national guard site as defined in section 9-500.50, if
applicable
,
other appropriate government jurisdictions,
public utility companies, civic, educational, professional and other
organizations, property owners and citizens generally to secure maximum
coordination of plans and to indicate properly located sites for all public
purposes on the general plan.
D. At least sixty days
before the general plan or an element or major amendment of a general plan is
noticed pursuant to subsection E of this section, the planning agency shall
transmit the proposal to the planning commission, if any, and the governing
body and shall submit a copy for review and further comment to:
1. The planning agency of
the county in which the municipality is located.
2. Each county or
municipality that is contiguous to the corporate limits of the municipality or
its area of extraterritorial jurisdiction.
3. The regional planning
agency within which the municipality is located.
4. The Arizona commerce
authority or any other state agency that is subsequently designated as the
general planning agency for this state.
5. The department of water
resources for review and comment on the water resources element, if a water
resources element is required.
6. If the general plan or
an element or amendment of the general plan is applicable to territory in the
vicinity of a military airport or ancillary military facility as defined in
section 28-8461, the military airport.
7. If the general plan or
an element or major amendment of the general plan is applicable to property in
the high noise or accident potential zone of a military airport or ancillary
military facility as defined in section 28-8461, the attorney
general. For the purposes of this paragraph, "major
amendment" means a substantial alteration of the municipality's land use
mixture or balance as established in the municipality's existing general plan
land use element.
8. Any person or entity
that requests in writing to receive a review copy of the proposal.
E. If the municipality has
a planning commission, after considering any recommendations from the review
required under subsection D of this section, the planning commission shall hold
at least one public hearing before approving a general plan or any amendment to
such
the
plan. When the
general plan or any major amendment is being adopted, planning commissions in
municipalities with populations of more than twenty-five thousand persons
shall hold two or more public hearings at different locations within the
municipality to promote citizen participation.� Notice of the time and place of
a hearing and availability of studies and summaries related to the hearing
shall be given at least fifteen and not more than thirty calendar days before
the hearing by:
1. Publication at least
once in a newspaper of general circulation published or circulated in the
municipality, or if there is none, the notice shall be posted in at least ten
public places in the municipality.
2. Such other manner in
addition to publication as the municipality may deem necessary or desirable.
F. Action by the planning
commission on the general plan or any amendment to the plan shall be
transmitted to the governing body of the municipality.
G. Before adopting the
general plan, or any amendment to it, the governing body shall hold at least
one public hearing.� Notice of the time and place of the hearing shall be given
in the time and manner provided for the giving of notice of the hearing by the
planning commission as specified in subsection E of this section.
H. The
adoption or readoption of the general plan or any amendment to
such
the
plan shall be by resolution of the governing body of the
municipality, after notice as provided for in subsection E of this
section. The adoption or readoption of or a major amendment to the
general plan shall be approved by affirmative vote of at least two-thirds
of the members of the governing body of the municipality. All major
amendments to the general plan proposed for adoption by the governing body of a
municipality shall be presented at a public hearing held within twelve months
after the proposal is made. The general plan, or any amendment to
the plan, shall be endorsed in the manner provided by the governing body to
show that it has been adopted by the governing body. If the
municipality includes property in the high noise or accident potential zone of
a military airport or ancillary military facility as defined in section 28-8461,
the governing body of the municipality shall send notice of the approval,
adoption or readoption of the general plan or major amendment to the general
plan to the attorney general by certified mail, return receipt requested,
within three business days after the approval, adoption or
readoption. If the attorney general determines the approval,
adoption or readoption of the general plan or major amendment to the general
plan is not in compliance with section 28-8481, subsection J, the
attorney general shall notify the municipality by certified mail, return
receipt requested, of the determination of noncompliance. The
municipality shall receive the notice from the attorney general within twenty-five
days after the notice from the municipality to the attorney general is mailed
pursuant to this subsection. The effective date of any approval,
adoption or readoption of, or major amendment to, the general plan shall be
thirty days after the governing body's receipt of the attorney general's
determination of noncompliance. Within thirty days after the receipt
of a determination of noncompliance by the attorney general as prescribed by
this section, the governing body of the municipality shall reconsider any
approval, adoption or readoption of, or major amendment to, the general plan
that impacts property in the high noise or accident potential zone of a
military airport or ancillary military facility as defined in section 28-8461. If
the governing body reaffirms a prior action subject to an attorney general's
determination of noncompliance pursuant to this section, the attorney general
may institute a civil action pursuant to section 28-8481, subsection
L. If the governing body timely sends notice pursuant to this
subsection and the attorney general fails to timely notify the governing body
of a determination of noncompliance, the general plan or major amendment to the
general plan shall be deemed to comply with section 28-8481,
subsection J. If the motion to adopt or readopt a general plan
or an amendment to the general plan fails to pass, the governing body may
reconsider the motion in any manner allowed by the governing body's rules of
procedure, but any subsequent motion for the adoption or readoption of the
general plan or a major amendment to the general plan must be approved by an
affirmative vote of at least two-thirds of the members of the governing
body. For the purposes of this subsection, "major
amendment" means a substantial alteration of the municipality's land use
mixture or balance as established in the municipality's existing general plan
land use element. The municipality's general plan shall define the
criteria to determine if a proposed amendment to the general plan effects a
substantial alteration of the municipality's land use mixture or balance as
established in the municipality's existing general plan land use element.
I. If the municipality
does not have a planning commission, the only procedural steps required for the
adoption of the general plan, or any amendment to such plan,
shall
be
are
those provided in this article for action
by the governing body.
J. A copy of the adopted
general plan of a municipality shall be sent to the planning agency of the
county within which the municipality is located, and
such
the
plan or any portion of the plan may be adopted as a part
of the county general plan.
K. A general plan, with
any amendments, is effective for up to ten years after the date the plan was
initially adopted and ratified pursuant to subsection M of this section, or
until the plan is readopted pursuant to this subsection and ratified pursuant
to subsection M of this section or a new plan is adopted pursuant to this
subsection and ratified pursuant to subsection M of this section, and becomes
effective. On or before the tenth anniversary of the plan's most
recent adoption, the governing body of the municipality shall either readopt
the existing plan for an additional term of up to ten years or shall adopt a
new general plan as provided by this article.
L. Except for general
plans that are required to be submitted to the voters for ratification pursuant
to subsection M of this section, the adoption or readoption of a general plan,
and any amendment to a general plan, shall not be enacted as an emergency
measure and is subject to referendum as provided by article IV, part 1, section
1, subsection (8), Constitution of Arizona, and title 19, chapter 1, article 4.
M. The governing body of a
city or town having a population of more than two thousand five hundred persons
but less than ten thousand persons and whose population growth rate exceeded an
average of two percent per year for the ten-year period before the most
recent United States decennial census, and any city or town having a population
of ten thousand or more persons, shall submit each new general plan adopted
pursuant to subsection K of this section to the voters for ratification at the
next regularly scheduled municipal election or at a special election scheduled
at least one hundred twenty days after the governing body adopted the plan
pursuant to section 16-204.
In a city or town
with a population of more than two thousand five hundred persons but less than
ten thousand persons, whose population growth rate did not exceed an average of
two percent per year for the ten-year period before the most recent
United States decennial census and whose current general plan was approved by
the voters, the governing body may submit a new general plan adopted pursuant
to subsection K of this section to the voters for ratification at the next
regularly scheduled municipal election or at a special election scheduled at
least one hundred twenty days after the governing body adopted the plan
pursuant to section 16-204.
The governing body shall
include a general description of the plan and its elements in the municipal
election pamphlet and shall provide public copies of the plan in at least two
locations that are easily accessible to the public and may include posting on
the municipality's official internet website. If a majority of the
qualified electors voting on the proposition approves the new plan, it shall
become effective as provided by law.� If a majority of the qualified electors
voting on the proposition fails to approve the new plan, the current plan
remains in effect until a new plan is approved by the voters pursuant to this
subsection. The governing body shall either resubmit the proposed
new plan, or revise the new plan as provided by this section, for subsequent
submission to the voters at the next regularly scheduled municipal election or
at a special election scheduled at least one hundred twenty days after the
governing body readopted the new or revised new plan.� All subsequent adoptions
and submissions of the new plan or revised plans must comply with the
procedures prescribed by this section until the plan is ratified.
N. In applying an open
space element or a growth element of a general plan, a municipality shall not
designate private land or state trust land as open space, recreation,
conservation or agriculture unless the municipality receives the written
consent of the landowner or provides an alternative, economically viable
designation in the general plan or zoning ordinance, allowing at least one
residential dwelling per acre.� If the landowner is the prevailing party in any
action brought to enforce this subsection, a court shall award fees and other
expenses to the landowner. A municipality may designate land as open
space without complying with the requirements of this subsection if the land
was zoned as open space and used as a golf course pursuant to a zoning
ordinance adopted pursuant to article 6.1 of this chapter before May 1, 2000
and the designation does not impose additional conditions, limitations or
restrictions on the golf course, unless the land is state trust land that was
not planned and zoned as open space pursuant to title 37, chapter 2, article
5.1.
O. A person, after having participated in the public
hearing pursuant to subsection H of this section, may file a petition for
special action in superior court to review the governing body's decision that
does not comply with the mandatory requirement prescribed in section 9-461.05,
subsection C, paragraph 1, subdivision (g) within thirty days after the
governing body has rendered its decision. The court may affirm,
reverse or remand to the governing body, in whole or in part, the decision
reviewed for further action that is necessary to comply with the mandatory
requirements prescribed in section 9-461.05, subsection C, paragraph 1,
subdivision (g).
END_STATUTE