municipalities; planned communities; design; prohibition

Plain English Breakdown

The bill's impact on existing planned communities established before its effective date is uncertain.

Municipalities; Planned Communities; Design Prohibition

This bill restricts municipalities from requiring certain design standards and shared features in planned communities and single-family homes.

What This Bill Does

• Prohibits a municipality from requiring shared features or amenities that need an association to maintain them, except if required by federal law.
• Forbids a municipality from mandating gates, walls, fences, or other perimeter enclosures as part of planned communities.
• Protects home buyers' rights to choose the design and features of their homes without interference from municipalities.
• Limits municipalities from setting specific aesthetic standards for materials, finishes, colors, windows, roofs, facades, layouts, garages, lighting fixtures, outdoor improvements, or driveway surfacing.
• Prevents municipalities from denying building permits based on prohibited requirements.

Who It Names or Affects

• Municipalities in Arizona that plan and regulate developments.
• Home buyers who want to choose the design of their homes freely.
• Planned community developers who are not required to establish associations for shared features or amenities.

Terms To Know

Accessory dwelling unit (ADU)

A self-contained living space on the same property as a larger single-family home, with its own sleeping and sanitation facilities.

Building codes

Construction standards adopted by municipalities that include plumbing, mechanical, electrical, residential construction, wildland urban interface, and energy conservation codes.

Limits and Unknowns

• The bill does not apply to homes in historic districts or on tribal land.
• Municipalities can still enforce building codes, fire codes, public health regulations, minimum parking requirements, and dark sky ordinances despite the restrictions.
• It is unclear how this will affect existing planned communities established before the effective date of the legislation.

Official Summary Text

SB1431 - 572R - Senate Fact Sheet

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ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B. 1431

municipalities; planned communities; design; prohibition.

Purpose

Prescribes restrictions on municipalities requiring certain home design standards
on

single-family homes and accessory dwelling units (ADUs) or shared features as
part of a planned community.

Background

Current statute requires each municipality's planning agency and
governing body to prepare and adopt, in coordination with the Arizona State
Land Department, a comprehensive, long-range general plan for the development
of the municipality. The general plan must include a statement of community
goals and development policies, including maps and plan proposals (
A.R.S.
� 9-461.05
).

After a municipality has adopted a general plan, or plan amendment, the
planning agency must investigate and make recommendations to the governing body
for putting into effect the general plan so that it will serve as a pattern and
guide for the orderly growth and development of the municipality. The measures
recommended may include plans, regulations, financial reports and capital
budgets (
A.R.S.
� 9-461.07
). The planning agency may, and if so directed by the governing
body must, prepare specific plans based on the general plan and drafts of such
regulations, programs and legislation as may be required for the systematic
execution of the general plan, including zoning ordinances and subdivision
regulations (
A.R.S.
� 9-461.08
). The planning agency of a municipality must not require as part
of a subdivision regulation or zoning ordinance that a subdivider or developer
establish an association. A municipality may require the establishment of an
association to maintain private, common or community owned improvements that
are approved and installed as part of a preliminary plat, final plat or
specific plan. A municipality must not require that an association be formed or
operated other than for the maintenance of the common areas or community owned
property (
A.R.S.
� 9-461.15
).

Statute authorizes municipalities to adopt zoning ordinances and codes to
conserve and promote the public health, safety, convenience and general welfare
and outlines zoning guidelines and requirements (
A.R.S.
� 9-462.01
).

There is no anticipated fiscal impact
to the state General Fund associated with this legislation.

Provisions

Shared
Features of Planned Communities

1.

Prohibits
a municipality from requiring as part of a development or subdivision:

a)

a shared feature or amenity that would require a homeowners'
association, a condominium association or any other association to maintain or
operate the feature or amenity, except as required by federal law; or

b)

a
gate, wall, fence or other perimeter enclosure or any type of controlled
access.

2.

States that the shared feature restriction does not supersede applicable
building codes, fire codes or public health and safety regulations.

Home
Design Restrictions

3.

Prohibits a municipality from interfering with a home buyer's right to
choose the features, amenities, structure, floor plan and interior and exterior
design of a home.

4.

Prohibits
a municipality from adopting or enforcing any code, ordinance, regulation
standard, stipulation or other legal requirement that directly or indirectly
establishes any of the following requirements for a single-family home or an
ADU:

a)

screening, walls or fences on residential property;

b)

aesthetic design standards or design, architectural or aesthetic
elements or guidelines and requirements for:

i.

materials or finishes, including minimum percentages of material or
finishes, or specified materials;

ii.

colors or color palettes;

iii.

window
placement, configuration or style;

iv.

roof
form or pitch;

v.

fa�ade design, articulation, nonstructural ornamentation or
architectural style;

vi.

layout,
floor plan or configuration of the livable area;

vii.

garages or
other specified vehicle enclosures;

viii.

decorative lighting
fixtures, including carriage lights;

ix.

patios,
decks, porches, hardscaping or other outdoor improvements; or

x.

paving or surfacing of driveways.

5.

Prohibits a municipality from denying, delaying or conditionally
approving a building permit or other entitlement based on a requirement that is
prohibited by the home design restrictions.

6.

States
that the home design restriction does not supersede:

a)

applicable building codes or fire codes;

b)

public health and safety regulations;

c)

utility clearance requirements or utility easements that are recorded as
of the effective date;

d)

minimum parking requirements; or

e)

dark
sky ordinances.

7.

Allows a municipality to require the preparing and submitting of
acceptable electric and water utility plans and specifications.

8.

States
that the home design restriction does not apply to:

a)

a single-family home that is on land that is designated as a district of
historical significance in accordance with statute or historic on the National
Register of Historic Places; or

b)

lots or parcels that are located on tribal land; or

c)

lots
or parcels that are located on land in a high noise or accident potential zone
of a military airport or an ancillary military facility.

Miscellaneous

9.

Defines
ADU
as a self-contained living unit that is on the same
lot or parcel as a single-family dwelling of greater square footage than the ADU
that includes its own sleeping and sanitation facilities and may include its
own kitchen facilities

10.

Defines

building codes
as the construction codes that are adopted by the
municipality.

11.

Includes,
in the definition of
building codes
, plumbing and mechanical codes,
electrical codes, residential construction codes, wildland urban interface
codes and energy conservation codes, however denominated.

12.

Defines

condominium association
as the unit owners' association organized in
accordance with the condominium statutes.

13.

Makes
technical and conforming changes.

14.

Becomes
effective on the general effective date.

Prepared by Senate Research

February 9, 2026

JT/ci

Current Bill Text

SB1431 - 572R - S Ver

Senate Engrossed

municipalities;
planned communities; design; prohibition

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1431

AN
ACT

amending section 9-461.15, arizona revised
statutes; amending title 9, chapter 4, article 6, arizona revised statutes, by
adding section 9-461.21; 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 9-461.15, Arizona Revised
Statutes, is amended to read:

START_STATUTE
9-461.15.

Requirement of planned community; shared features; prohibited;
applicability; definitions

A. The planning agency of a municipality
,
in exercising its authority pursuant to this title
,
shall not require as part of a subdivision regulation or
zoning ordinance that a subdivider or developer establish
an
a homeowner's
association
as defined in section
33-1802
. A subdivider or developer shall not be
penalized because a real estate subdivision or development does not constitute
or include a planned community.

B. Notwithstanding any other LAW, a
municipality may not require as part of a development or subdivision either of
the following:

1. A shared feature or amenity that
would require a homeowners' association, a condominium association or any other
association to maintain or operate the feature or amenity, except if required
by federal law.

2. A gate, wall, fence or other
perimeter enclosure or any type of controlled access.

B.

c.
A
municipality may require a subdivider or developer to establish
an
a homeowner's
association to maintain private, common or
community owned
community-owned

improvements that are approved and installed as part of a preliminary plat,
final plat or specific plan. A municipality shall not require that
an
a HOMEOWNER'S
association be formed or
operated other than for the maintenance of common areas or
community
owned
community-owned

property. This subsection applies only to planned communities that are
established in plats recorded after
the effective date of this
section
July 24, 2014
.

C.

D.
This
section does not limit the subdivider or developer in the establishment or
authority of any planned community established pursuant to title 33, chapter 16
or limit a subdivider, a developer or
an
a
homeowner's
association from requesting and entering into a maintenance
agreement with a municipality.

E. Subsection B of this section does
not supersede applicable building codes, fire codes or public health and safety
regulations.

F. For the purposes of this section:

1. "Condominium
association" means an association as defined in section 33-1202.

2. "Homeowners'
association" means an association as defined in section 33-1802.
END_STATUTE

Sec. 2. Title
9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section
9-461.21, to read:

START_STATUTE
9-461.21.

Planning; home design; restrictions; prohibition; applicability:
definitions

A. A municipality may not interfere
with a home buyer's right to choose the features, amenities, structure, floor
plan and interior and exterior design of a home.�

B. Notwithstanding any other law, a
municipality may not adopt or enforce any code, ordinance, regulation,
standard, stipulation or other legal requirement that directly or indirectly
establishes any of the following requirements for a single-family home or
an accessory dwelling unit:

1. Screening, walls or fences on
residential property.

2. aesthetic design standards or
design, architectural or aesthetic elements or guidelines and requirements for
any of the following:

(
a
) Materials
or finishes, including minimum percentages of material or finishes, or
specified materials.

(
b
) Colors or
color palettes.

(
c
) Window
placement, configuration or style.

(
d
) roof form
or pitch.

(
e
) fa�ade
design, articulation, nonstructural ornamentation or architectural style.

(
f
) Layout,
floor plan or configuration of the livable area.

(
g
) Garages or
other specified VEHICLE enclosures.

(
h
) Decorative
lighting fixtures, including carriage lights.

(
i
) Patios,
decks, porches, hardscaping or other outdoor improvements.

(
j
) Paving or
surfacing of driveways.

C. A municipality may not deny, delay
or conditionally approve a building permit or other entitlement based on a
requirement that is prohibited by this section.

D. this section does not supersede
any of the following:

1. applicable building codes or fire codes.

2. Public health and safety
regulations.

3. Utility clearance requirements or
utility easements that are recorded as of the effective date of this SECTION.

4. Minimum parking requirements.

5. Dark sky ordinances.

E. A municipality may require
preparing and submitting acceptable electric and water utility plans and
specifications.

F. This section does not apply to:

1. A single-family home that is
on either of the following:

(
a
) Land that
is designated as a district of historical significance pursuant to section 9-462.01,
subsection A, paragraph 10.

(
b
) An area
that is designated as historic on the national register of historic places.

2. Lots or parcels that are located
on EITHER of the following:

(
a
) tRIBAL
LAND.

(
b
) lAND IN A
HIGH NOISE OR ACCIDENT POTENTIAL ZONE AS DEFINED IN SECTION 28-8461 OF A
MILITARY AIRPORT OR an ANCILLARY MILITARY FACILITY AS DEFINED IN SECTION 28-8461.

g. fOR THE PURPOSES OF THIS SECTION:

1. "Accessory dwelling
unit" has the same meaning prescribed in section 9-461.18.

2. "BUILDING CODE":

(
a
) mEANS THE
CONSTRUCTION CODES THAT ARE ADOPTED BY THE MUNICIPALITY.

(
b
) iNCLUDES
PLUMBING AND MECHANICAL CODES, ELECTRIC CODES, RESIDENTIAL CONSTRUCTION CODES,
WILDLAND URBAN INTERFACE CODES AND ENERGY CONSERVATION CODES, HOWEVER
DENOMINATED.
END_STATUTE