Mesa's Environmental Rules: The Rules That Matter

Every city handles environmental rules a little differently. In Mesa, Arizona, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Stormwater Management

Mesa's storm sewer pollution ordinance bars anyone from releasing any substance, directly or indirectly, into the City's storm sewer system unless the release is composed entirely of storm water, falls under a listed exemption, or is authorized by an AZPDES or NPDES Storm Water Permit. Code Compliance enforces the rule with civil sanctions that escalate on repeat violations.

Key details: Enforcing Division: Code Compliance. 1st Violation: $150–$1,500 civil sanction. 2nd Violation (36 mo): $250–$2,500. 3rd Violation (36 mo): $500–$2,500. Exempt Flows: Irrigation, groundwater, car washing, street wash.

Section 8-5-9 sets a civil sanction of $150 to $1,500 for a first finding of responsibility. A second finding within 36 months of a prior violation escalates the sanction to $250 to $2,500, and a third finding within that same 36-month window raises it to $500 to $2,500, plus the City's Code Compliance fees and charges on top of the sanction.

Erosion Control

Grading on private property in Mesa requires a separate onsite grading permit before work starts whenever the site sits inside the Desert Uplands native-plant-preservation area, a Historic Preservation Overlay District, a designated historic landmark, a Maricopa County Flood Control floodplain, or land bound by federal stormwater pollution prevention rules. The City also will not issue a construction permit, or give verbal authorization, to begin grading and drainage work until the applicant's stormwater permit paperwork is on file.

Key details: Permit trigger: Desert Uplands, historic overlay, floodplain, or stormwater land. Subdivision permit: "At-risk" grading permit required before subdivision grading. Stormwater hold: No construction permit until AZPDES/NPDES approval is filed. Unpermitted grading fee: Unauthorized construction fee applies regardless of permit. Criminal penalty: Class one misdemeanor, up to $2,500 and 6 months jail.

Starting grading, grubbing, or any other site disturbance before obtaining the required permit draws an unauthorized construction fee under § 4-1-8(T), on top of the permit fee, whether or not a permit is later issued. Beyond the fee, violating Title 4, Chapter 1 of the Mesa City Code, including its grading permit provisions, is a class one misdemeanor under § 4-1-9(E), punishable by up to $2,500 and six months in jail, with each day of continued violation a separate offense.

Flood Zones

Mesa has left floodplain management authority with the Flood Control District of Maricopa County rather than administering its own program, so development in any city Flood Hazard Zone must follow the County's Floodplain Management Regulations. The City Engineer, as Floodplain Administrator, still requires an approved elevation certificate before occupancy and enforces violations as a Class 2 misdemeanor.

Key details: Floodplain administrator: City Engineer. Regulations applied: Maricopa County Floodplain Management Regs. Pre-occupancy requirement: Approved Elevation Certificate. Criminal penalty: Class 2 Misdemeanor. Rate maps adopted: September 18, 2020 FIRM/Flood Study.

Section 9-11-6 makes it a violation to develop land contrary to the Chapter or the adopted Floodplain Management Regulations. A first violation is a Class 2 Misdemeanor. Beyond criminal prosecution, the Building Safety Director may issue a stop-work order or withhold, suspend, or revoke a Certificate of Occupancy or Completion, and a violation is separately treated as a breach of A.R.S. Title 48, Chapter 21, Article 1, exposing the violator to the penalties in A.R.S. § 48-3615 plus injunctive relief the City may seek for any unauthorized diversion, retardation, or obstruction of a watercourse or Special Flood Hazard Area.

The Bottom Line

Mesa's environmental rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Mesa is broadly strict or permissive.

Keep in mind that Mesa can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.