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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
ADOT; primitive roads; designation
Purpose
Allows the Director of the Arizona Department of Transportation (ADOT) to designate a state highway or route as a primitive road and outlines signage requirements for primitive roads.
Background
The county board of supervisors or the governing body of a city or town may designate a public road within the governing body's jurisdiction as a primitive road if the road was opened before June 13, 1990, and was not constructed according to county standards. A governing body must place signs identifying a road as a primitive road in adequate locations to warn the public. Neither a governing body nor the governing body's employees are liable for damages or injuries resulting from the use of a road that has been designated as a primitive road, except as prescribed for intentional injuries or gross negligence. A governing body may not designate a state or county highway as a primitive road (A.R.S. § 28-6706).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the Director of ADOT to designate a state highway or route as a primitive road.
2. Requires ADOT to place signs on each road that is designated as a primitive road in adequate locations to warn the public.
3. Requires primitive road signs to contain the statement: primitive road, caution, use at your own risk. This surface is not regularly maintained.
4. Specifies that neither the State or State's employees are liable for damages or injuries resulting from the use of a primitive road, except for intentional injuries or gross negligence caused by an employee acting within the scope of the employee's duties.
5. Makes technical changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 6, 2026
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