37-331.03. Conceptual land use plans; five year state trust land disposition plans; definitions

A. The department shall create and approve conceptual land use plans for all urban state trust land in this state. The commissioner shall:

1. Prioritize the creation of conceptual land use plans to the extent possible to:

(a) Correlate with the rate of population growth areas in this state.

(b) Coincide with the production of municipal general plans under title 9, chapter 4, article 6 and county plans under title 11, chapter 6, article 1.

(c) Promote economic growth in the rural areas of this state.

2. Revise and update each conceptual land use plan at least every ten years.  The commissioner shall issue a written order approving each conceptual land use plan and conceptual land use plan revision.

3. Consult with the city or town and county in which the state trust land is located and the Arizona geological survey.

4. Post each conceptual land use plan and revision of a conceptual land use plan and the commissioner's written approval of each conceptual land use plan and conceptual land use plan revision on the department's website.

B. On approval of the conceptual land use plan by the commissioner under this section, the conceptual land use plan is a state general plan for the purposes of this article and remains effective until revised as prescribed by this section.

C. The commissioner may create the conceptual land use plans under subsection A of this section by any of the following methods:

1. Using department staff and private consultants.

2. Entering into participation contracts pursuant to section 37-239.

3. Issuing planning permits for state lands pursuant to section 37-338.

4. Entering into planning contracts for urban lands or other state trust lands the commissioner considers to be appropriate, including compensation as provided by section 37-338, subsection D.

D. The commissioner shall create a five year disposition plan for all state trust land in each county in this state, based at a minimum on market demand, potential economic benefits to rural communities or anticipated transportation and infrastructure availability. The commissioner shall do all of the following:

1. Review and update each five year disposition plan for each county as necessary.

2. Consult with the city or town and county in which the land is located.

3. Post each five year disposition plan, each five year disposition plan revision and each written order that adopts or approves a five year disposition plan or five year disposition plan revision on the department's website to ensure conformity with the conceptual land use plan under subsection A of this section.

4. Ensure that each five year disposition plan and five year disposition plan revision conforms with the conceptual land use plan.

5. Consider hiring third-party contractors to prepare the five year disposition plan.

6. Include residential development within the service area of a municipal provider as defined in section 45-561.

7. Issue a written order that approves and adopts each five year disposition plan and five year disposition plan revision.  On approval of the five year disposition plan, the five year disposition plan shall remain effective until revised as prescribed by this section.

E. This section does not prohibit the conveyance of state lands that are not identified in the five year disposition plan or conceptual land use plan.

F. For the purposes of this section:

1. "Conceptual land use plan" means a plan that is developed for urban state trust land and other state trust lands the commissioner considers to be appropriate and that identifies:

(a) Appropriate land uses and rights-of-way, including commercial, industrial, mining, forestry, agricultural, energy, grazing, residential and recreational uses that generate revenue.

(b) Transportation and energy corridors and infrastructure requirements.

(c) All natural and artificial constraints and opportunities associated with the land.

(d) Known and proven mineral resources, including minerals, common variety minerals and commodity types as defined in section 27-201.01.

2. "Five year disposition plan" means a plan that identifies the land projected to be sold, leased, reclassified for conservation purposes, master planned or zoned during the next five years.