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HB4074 - 572R - I Ver
REFERENCE TITLE:
historic structures; improper demolition; penalties
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 4074
Introduced by
Representatives
Liguori: Hernandez A, Villegas
AN
ACT
amending title 9, chapter 4, article 6.1,
arizona revised statues, by adding section 9-462.15; amending title 11, chapter
6, article 2, arizona revised statutes, by adding section 11-820.05; amending
section 41-511.04, Arizona Revised Statutes; relating to historic properties.
(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 6.1,
Arizona Revised Statutes, is amended by adding section 9-462.15, to read:
START_STATUTE
9-462.15.
Historic properties; improper demolition; civil penalties;
enforcement; applicability; definitions
A. A person who knowingly or
negligently conducts an improper demolition of a historic property is subject
to a civil penalty of $5,000 for each improper demolition.� A civil penalty
imposed pursuant to this section is in addition to any other penalty, REMEDY or
action that is authorized by municipal ordinance or state law.
B. Civil penalties that are collected
pursuant to this section shall be deposited in the improper demolition fund
established by section 41-511.04.
C. This section may be enforced by
any of the following:
1. The municipality where the
improper demolition occurred.
2. The Arizona state parks board.
3. The attorney general, on referral
from the municipality where the improper demolition occurred or on referral
from the Arizona state parks board.�
D. This section applies in a
municipality with a population of seventy-five thousand or more persons.
E. A person is not subject to a civil
penalty pursuant to this section if a municipal official determined that the
improper demolition was necessary due to an imminent threat to public health
and safety and notice of the improper demolition was provided to the applicable
historic preservation office as soon as practicable.
F. For the purposes of this section:
1. "historic property"
means property that is:
(
a
) In an area
that is designated as a district of historical significance pursuant to section
9-462.01, subsection A, paragraph 10.
(
b
) In an area
that is designated as historic on the national register of historic places.
(
c
) In an area
that is designated historic by a local government.
(
d
) In an area
that is designated as historic by a register of historic places in this state.
2. "Improper demolition"
means the demolition, in whole or in substantial part, of a historic property
without the approvals required by applicable historic preservation ordinances,
rule or review process, including review and approval from an applicable
historic preservation office, commission or board.
END_STATUTE
Sec. 2. Title
11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding
section 11-820.05, to read:
START_STATUTE
11-820.05.
Historic properties; improper demolition; civil penalties;
enforcement; applicability; definitions
A. A person who knowingly or
negligently conducts an improper demolition of a historic property is subject
to a civil penalty of $5,000 for each improper demolition.� A civil penalty
imposed pursuant to this section is in addition to any other penalty, REMEDY or
action that is authorized by county ordinance or state law.
B. Civil penalties that are collected
pursuant to this section shall be deposited in the improper demolition fund
established by section 41-511.04.
C. This section may be enforced by
any of the following:
1. The county where the improper
demolition occurred.
2. The Arizona state parks board.
3. The attorney general, on referral
from the county where the improper demolition occurred or on referral from the
Arizona state parks board.�
D. This section applies in a county
with a population of seventy-five thousand or more persons.
E. A person is not subject to a civil
penalty pursuant to this section if a county official determined that the
improper demolition was necessary due to an imminent threat to public health
and safety and notice of the improper demolition was provided to the applicable
historic preservation office as soon as practicable.
F. For the purposes of this section:
1. "historic property"
means property that is:
(
a
) In an area
that is designated as a district of historical significance pursuant to section
9-462.01, subsection A, paragraph 10.
(
b
) In an area
that is designated as historic on the national register of historic places.
(
c
) In an area
that is designated historic by a local government.
(
d
) In an area
that is designated as historic by a register of historic places in this state.
2. "Improper demolition"
means the demolition, in whole or in substantial part, of a historic property
without the approvals required by applicable historic preservation ordinances,
rule or review process, including review and approval from an applicable
historic preservation office, commission or board.
END_STATUTE
Sec. 3. Section 41-511.04, Arizona Revised Statutes, is amended to read:
START_STATUTE
41-511.04.
Duties; board; partnership fund; improper demolition fund; state
historic preservation officer; definition
A. The board shall:
1. Select areas of scenic beauty, natural features
and historical properties now owned by
the
this
state, except properties in the care and custody of other agencies
by virtue of agreement with
the
this
state or as established by law, for management, operation and further
development as state parks and historical monuments.
2. Manage, develop and operate state parks,
monuments or trails established or acquired pursuant to law, or previously
granted to the state for park or recreation purposes, except those falling
under the jurisdiction of other state agencies as established by law.
3. Investigate lands owned by
the
this
state to determine
,
in cooperation
with the agency that manages the land
,
which tracts
should be set aside and dedicated for use as state parks, monuments or trails.
4. Investigate federally owned lands to determine
,
their desirability for use as state parks, monuments or
trails and negotiate with the federal agency having jurisdiction over such
lands for the transfer of title to the Arizona state parks board.
5. Investigate privately owned lands to determine
their desirability as state parks, monuments or trails and negotiate with
private owners for the transfer of title to the Arizona state parks board.
6. Enter into agreements with the United States,
other states or local governmental units, private societies or persons for the
development and protection of state parks, monuments and trails.
7. Plan, coordinate and administer a state historic
preservation program, including the program established pursuant to the
national historic preservation act of 1966, as amended.
8. Advise, assist and cooperate with federal and
state agencies, political subdivisions of this state and other persons in
identifying and preserving properties of historic or prehistoric significance.
9. Keep and administer an Arizona register of
historic places composed of districts, sites, buildings, structures and objects
significant in this state's history, architecture, archaeology, engineering and
culture that meet criteria that the board establishes or that are listed on the
national register of historic places. Entry on the register requires
nomination by the state historic preservation officer and owner notification in
accordance with rules that the board adopts.
10. Accept, on behalf of the state historic
preservation officer, applications for classification as historic property
received from the county assessor.
11. Adopt rules with regard to classification of
historic property including:
(a) Minimum maintenance standards for the property.
(b) Requirements for documentation.
12. Monitor the performance of state agencies in
the management of
managing
historic
properties as provided in chapter 4.2 of this title.
13. Advise the governor on historic preservation
matters.
14. Plan and administer a statewide parks and
recreation program, including the programs established pursuant to the land and
water conservation fund act of 1965 (P.L. 88-578; 78 Stat. 897).
15. Prepare, maintain and update a comprehensive
plan
for the development of
to develop
the outdoor recreation resources of this state.
16. Initiate and carry out studies to determine the
recreational needs of this state and the counties, cities and towns.
17. Coordinate recreational plans and developments
of federal, state, county, city, town and private agencies.
18. Receive applications for projects to be funded
through the land and water conservation fund and the state lake improvement
fund on behalf of the Arizona outdoor recreation coordinating commission.
19. Provide staff support to the Arizona outdoor
recreation coordinating commission.
20. Maintain a statewide off-highway vehicle
recreational plan. The plan shall be updated at least once every
five years and shall be used by all participating agencies to guide
distribution and expenditure of monies under section 28-1176. The
plan shall be open to public input and shall include the priority
recommendations for allocating available monies in the off-highway
vehicle recreation fund established by section 28-1176.
21. Collaborate with the state forester in
presentations to legislative committees on issues associated with forest
management and wildfire prevention and suppression as provided by section 37-1302,
subsection B.
B. Notwithstanding section 41-511.21, the
board may annually collect and
expend
spend
monies to plan and administer the land and water conservation fund program, in
conjunction with other administrative tasks and recreation plans, as a
surcharge to subgrantees in a proportionate amount, not to exceed ten percent,
of the cost of each project. The surcharge monies shall be set aside
to fund staff support for the land and water conservation fund program.
C.
A
The
partnership fund is established consisting of monies received pursuant to
subsection B of this section, monies received from intergovernmental agreements
pursuant to title 11, chapter 7, article 3 and monies received pursuant to
section 35-148. The board shall administer the fund monies as
a continuing appropriation for the purposes provided in these sections.
D. The improper demolition fund is
established consisting of monies deposited pursuant to sections 9-462.15 and
11-820.05.� The board shall administer the fund. Monies in the fund are subject
to legislative appropriation.� Monies in the fund may be used for any of the
following:
1. Historic preservation grants.
2. Technical assistance to municipal
or county historic preservation programs.
3. Education, outreach and compliance
assistance related to historic preservation.
D.
E.
The
state historic preservation officer shall:
1. In cooperation with federal and state agencies,
political subdivisions of this state and other persons, direct and conduct a
comprehensive statewide survey of historic properties and historic private
burial sites and historic private cemeteries and maintain inventories of
historic properties and historic private burial sites and historic private
cemeteries.
2. Identify and nominate eligible properties to the
national register of historic places and the Arizona register of historic
places and otherwise administer applications for listing historic properties on
the national and state registers.
3. Administer grants-in-aid for historic
preservation projects within this state.
4. Advise, assist and monitor, as appropriate,
federal and state agencies and political subdivisions of this state in carrying
out their historic preservation responsibilities and cooperate with federal and
state agencies, political subdivisions of this state and other persons to
ensure that historic properties and historic private burial sites and historic
private cemeteries are taken into consideration at all levels of planning and
development.
5. Develop and make available information concerning
professional methods and techniques for the preservation of historic properties
and historic private burial sites and historic private cemeteries.
6. Make recommendations on the certification,
classification and eligibility of historic properties and historic private
burial sites and historic private cemeteries for property tax and investment
tax incentives.
E.
F.
The
state historic preservation officer may:
1. Collect and receive information for historic
private burial sites and historic private cemeteries from public and private
sources and maintain a record of the existence and location of such burial
sites and cemeteries located on private or public lands in this state.
2. Assist and advise the owners of the properties on
which the historic private burial sites and historic private cemeteries are
located regarding the availability of tax exemptions applicable for such
property.
3. Make the records available to assist in locating
the families of persons buried in the historic private burial sites and
historic private cemeteries.
F. For the purposes of this section, "historic
private burial sites and historic private cemeteries" means places where
burials or interments of human remains first occurred more than fifty years
ago, that are not available for burials or interments by the public and that
are not regulated under title 32, chapter 20, article 6.
END_STATUTE
Sec. 4.
Legislative findings
The legislature finds and declares
that:
1. Historic homes and
districts contribute to the cultural, economic and architectural character of
Arizona's communities and support neighborhood stability and long-term economic
vitality.
2. Municipalities with
established historic preservation processes rely on compliance with those
processes to appropriately balance preservation, growth and
redevelopment.
3. Unauthorized demolition
of historic properties undermines locally adopted historic preservation
ordinances and erodes public trust in land use and licensing systems.
4. The purpose of this act
is not to restrict lawful development or alter local historic preservation
standards, but to ensure that existing local approval processes are
followed.
5. This act establishes a
uniform statewide baseline consequence for the improper demolition of historic
properties in municipalities with sufficient administrative capacity, while
preserving local control over historic designation, review criteria and
approval procedures.
6. The legislature intends
the civil penalties assessed under this act be reinvested in historic
preservation efforts statewide, including education, technical assistance and
support for local historic preservation programs.
7. Nothing in this act is
intended to do any of the following:
(
a
) Require
a city or town to designate new historic properties or historic districts.
(
b
) Prevent
demolition that is lawfully approved under applicable local processes.
(
c
) Interfere
with emergency actions necessary to protect public health or safety.