This file was created by scanning the printed publication.
Errors identified by the software have been corrected;
however, some errors may remain.
Planning and Zoning as
Land Managment Tools
Arlan Colton 1
Planning is a guideline that communities can use to define the future for land use. The Plan is
authorized by the State for local governments to enforce. Zoning is a tool to implement planning.
There are also other tools such as subdivision regulations, private covenants, and restrictions to
implement planning.
All counties in Arizona have the power to zone. In some states, such as Texas, counties do not
have zoning power. Oregon, Hawaii, Florida, and Vermont are examples of states which have strong
state-wide planning directives. There is no State planning in Arizona except in two areas--for pest
management and manpower. In Arizona law, "open space" is given a definition as a place of
natural beauty, and not mentioned again.
Arizona's enabling legislation for planning and zoning is contained in Title 9 concerning cities
and towns, and Title 11 concerning counties. Where grasslands are concerned, most action
happens at the county level. The zoning ordinance contained in the Pima County Comprehensive
Plan is only 4 paragraphs long and is not good. Those things not contained or discussed in those 4
paragraphs are prohibited, unlike most counties where an item which is omitted !.§ permitted unless
there is language somewhere else in the plan which says otherwise. Agriculture, mining, ranching,
railroads, and utilities are all excluded from the P&Z Titles so only private lands are considered.
Lot Splits was brought up in a question to be clarified. In Arizona, a landowner can split his
land down to 40 acre chunks. He does not have to go through a special process to do this. He
can do up to three splits under his ownership. The next landowner can do the same, etc. There
were no requirements for roads, sewer or water systems, nothing. This law was finally changed to
allow for services, however the tradeoff was that the landowner could now do five splits instead of
just three.
In 1985, Pima County went through Rural Zoning Category changes. Base rural zoning is now
just over four acres, so a property owner can't split rural zoned land below that acreage. The
highest zoning is 36 acres, but those are mostly found in parks and on public lands so already have
a measure of protection. The solution for protecting grassland is not large lot zoning as there are
still no regulations concerning what private landowners can do on it. The solution is in good
planning for development; to get something in place before development becomes inevitable so
that it is managed correctly.
Arizona Game & Fish Department has been active with Planning and Zoning over the last ten
years, especially in the southern counties, says Sherry Ruther of the Department. Their interest has
been in situations concerning Threatened and Endangered Species, and for critical or sensitive
wildlife and habitat. They are treading lightly regarding private land P&Z issues. They would like to
influence public concern for G&F interests.
Tools that citizens may find useful in order to become active in P&Z issues:
1) A web site called ALIS; Arizona Legislative Information System.
2) ALRIS; Arizona Land Resource Information System. This has one of the most comprehensive
GIS systems in the country. Citizens can use it to download maps with overlays, etc.
1
Arizona Preserve Initiative, Arizona State Land Department, Phoenix, AZ.
347
3) Through the Arizona Department of Commerce (whose main goal is economic development),
you can ask for community planning help including training and rural and local governments.
Contact is Deb Sydenham @ (602) 280-1350. She is a good resource.
4) The American Planning Association has been working on model state enabling legislation to
help states in planning. Their web site is: http://www.planning.org
5) The Thoreau Institute has done a good case study called "Transitions: New Incentives for
Rural Communities". It makes use of the commons theory. Web site:
http://www.glasswing.com/-rot/transits.html
6) A book called Rural by Design, by Randall Arant describes how to use clustering techniques
to preseNe open space. It does not mention grasslands, but much of this information can be
applied to grasslands planning.
348