Ariz. Admin. Code § 12-5-2503

Current through Register Vol. 30, No. 49, December 6, 2024

Section R12-5-2503 - Bond

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).

Ariz. Admin. Code § R12-5-2503

Adopted effective March 5, 1998 (Supp. 98-1).