Current through Register Vol. 30, No. 52, December 27, 2024
A. Under A.R.S.
§
37-312(D),
a petitioner shall submit a bond in an initial amount of $1,000 with a petition
to nominate trust land suitable for conservation purposes. The bond shall be a
surety bond or a cashier's check. The State Land Commissioner may require an
additional bond amount under A.R.S. §
37-312
if the processing costs of the petition are estimated to exceed the initial
bond amount based on the following factors:
1.
Planning Costs: Planning involves review, consideration, and evaluation of:
a. Evidence and testimony presented at public
hearing;
b. Physical and economic
impact on other land owned or controlled by the current lessee or on the local
community;
c. Existing holding
leases, existing planning permits, and development plans in progress;
d. Input from local planning and zoning
agencies and regional planning authorities;
e. Mineral potential, including sand and
gravel; and
f. Consistency with the
Enabling Act, the State Constitution, and Arizona Revised Statutes;
2. Notice: Development and mailing
of a notice of intent to classify lands suitable for conservation purposes and
a notice of public hearing to:
a. Existing
lessees;
b. Local planning and
zoning agencies and regional planning authorities;
c. Owners of property within 300 feet of the
land;
d. Persons who have requested
notice of classification of lands suitable for conservation under A.R.S. §
37-311, et
seq., with the Department; and
e.
Affected state agencies;
3. Advertisement: Notice of public hearing
for six publications in a newspaper of general circulation in the county where
the land is located;
4. Public
Hearing: Receipt and processing of oral and written testimony regarding the
proposed reclassification including, but not limited to, review, consideration,
and evaluation of testimony, as well as the costs of meeting facility and
equipment rental.
B.
Upon reclassification of all or a portion of the land as suitable for
conservation purposes, the successful petitioner shall forfeit the initial and
any additional bond amounts to the state under A.R.S. §
37-312(D).
