49-112

49-112. County regulation; standards

A. When authorized by law, a county may adopt a rule, ordinance or other regulation
that is more stringent than or in addition to a provision of this title or rule adopted
by the director or any board or commission authorized to adopt rules pursuant to this
title if all of the following conditions are met:

1. The rule, ordinance or other regulation is necessary to address a peculiar local
condition.

2. There is credible evidence that the rule, ordinance or other regulation is
either:

(a) Necessary to prevent a significant threat to public health or the environment
that results from a peculiar local condition and is technically and economically
feasible.

(b) Required under a federal statute or regulation, or authorized pursuant to an
intergovernmental agreement with the federal government to enforce federal statutes or
regulations if the county rule, ordinance or other regulation is equivalent to federal
statutes or regulations.

3. Any fee or tax adopted under the rule, ordinance or other regulation will not
exceed the reasonable costs of the county to issue and administer that permit or plan
approval program.

B. When authorized by law, a county may adopt rules, ordinances or other
regulations in lieu of a state program that are as stringent as a provision of this title
or rule adopted by the director or any board or commission authorized to adopt rules
pursuant to this title if the county demonstrates that the cost of obtaining permits or
other approvals from the county will approximately equal or be less than the fee or cost
of obtaining similar permits or approvals under this title or any rule adopted pursuant
to this title. If the state has not adopted a fee or tax for similar permits or
approvals, the county may adopt a fee when authorized by law in the rule, ordinance or
other regulation that does not exceed the reasonable costs of the county to issue and
administer that permit or plan approval program.

C. If a county has adopted rules, ordinances or other regulations pursuant to
subsection B of this section and at any time cannot comply with subsection B of this
section, the county shall give notice of noncompliance to the director. The county shall
file that notice with the secretary of state for publication in the next issue of the
Arizona administrative register at no cost to the county. If the county does not comply
with subsection B of this section within one year after publication of the notice in the
Arizona administrative register, the director shall provide written notice to and assert
regulatory jurisdiction over those persons and entities subject to the affected county
rules, ordinances or other regulations.

D. Except as provided in chapter 3, article 3 of this title, before adopting or
enforcing any rule, ordinance or other regulation pursuant to subsection A or B of this
section, the county shall comply with all of the following:

1. File with the secretary of state a written statement including a summary of the
proposed rule, ordinance or other regulation and a demonstration of the grounds and
evidence of compliance with subsection A or B of this section. The summary shall provide
the name of the person with the county to contact with questions or comments. The
secretary of state shall publish the written statement in the next issue of the Arizona
administrative register at no cost to the county. The county shall publish notice of the
availability of the complete summary and the demonstration in other newspapers as may be
required by this title and shall make the text of any proposed environmental rule,
ordinance or other regulation available to the public at the same time it files the
written summary of the environmental rule, ordinance or other regulation with the
secretary of state as provided in this paragraph.

2. Provide at least thirty days' opportunity for comment by the public after
publication of the summary as prescribed by paragraph 1 of this subsection. The county
shall accept written comments on the proposed rule, ordinance or regulation and the
written demonstration.

3. Respond in writing and make available to the public for a reasonable cost the
county's responses to the written comments submitted by the public pursuant to paragraph
2 of this subsection.

4. Provide for a public hearing at the request of the authorized county officer or
if there is sufficient public interest. The county shall publish the notice of any
public hearing at least twenty days prior to the hearing. The county shall submit the
notice of the public hearing to the secretary of state for publication in the next issue
of the Arizona administrative register at no cost to the county. The county shall
publish notice of any public hearing required pursuant to this paragraph in any newspaper
as prescribed by this title or county ordinance. The county shall select a time and
location for the public hearing that affords a reasonable opportunity for the public to
participate.

E. A county is not required to comply with subsection D, paragraphs 2, 3 and 4 of
this section before it adopts or enforces a rule, ordinance or other regulation if the
rule, ordinance or other regulation only adopts by reference an existing state or federal
rule or law that provides greater regulatory flexibility for regulated parties and
otherwise satisfies the requirements prescribed in subsection B of this section.

F. Until June 30, 1995, a person may file with the clerk of the board of
supervisors for that county a petition challenging a county rule, ordinance or other
regulation adopted before July 15, 1994 for compliance with the criteria set forth in
subsection A or B of this section. The petition shall contain the grounds for
challenging the specific county rule, ordinance or other regulation. Within one year
after the petition is filed, the board of supervisors shall review the challenged rule,
ordinance or other regulation and make a written demonstration of compliance with the
criteria set forth in subsection A or B of this section and challenged in the
petition. Any rules, ordinances or other regulations that have been challenged and for
which the board of supervisors has not made the written demonstration within one year of
the filing of the petition required by this section become unenforceable as of that
date. If a county has already made a written demonstration under section 49-479,
subsection C, for a rule, ordinance or regulation, the person filing the petition shall
state the specific grounds in the petition why that demonstration does not meet the
requirements of this section.

G. A rule, ordinance or other regulation adopted pursuant to subsection A of this
section may not be invalidated subsequent to its adoption on the grounds that the
economic feasibility analysis is insufficient or inaccurate if a county makes a good
faith effort to comply with the economic feasibility requirement of subsection A,
paragraph 2, subdivision (a), of this section and has explained in the written statement,
made public pursuant to subsection D of this section, the methodology used to satisfy the
economic feasibility requirement.

H. This section shall not apply to any rule, ordinance or other regulation adopted
by a county pursuant to:

1. Title 36 for which the state has similar statutory or rule making authority in
this title.

2. Section 49-391.

3. Chapter 3, article 8 of this title.

4. Chapter 4, article 3 of this title and section 49-765.

5. Nonsubstantive rules relating to the application process which have a de minimis
economic effect on regulated parties.