Environmental Rules in Scottsdale, AZ

If you live in Scottsdale or are thinking about moving there, environmental rules are one of those things you probably won't think about until they affect you directly. Scottsdale has 5 specific rules on the books covering different aspects of environmental rules, and some of them might surprise you.

Stormwater Management

Scottsdale's Stormwater Regulation article applies citywide, not just inside mapped floodplains, and requires post-development runoff to leave a site the way it did before development. Projects that would raise flood potential on or off their own parcel are barred, and larger watercourses trigger a mandatory drainage easement dedicated to the city.

Key details: Applies to: all land within Scottsdale city limits. Core drainage goal: post-development runoff matches pre-development pattern. Easement trigger (non-ESLO): 25 cfs+ base flood discharge. Easement trigger (ESLO areas): 50 cfs+ base flood discharge. Certification needed: engineer certifies no BFE rise at property line.

Development that increases flood potential on or off the parcel is prohibited outright under Section 37-36(a), and building without a drainage report the Floodplain Administrator has required under Section 37-38 halts permit issuance. Failing to dedicate a required drainage easement under Section 37-39, or to provide compensatory storage for a ponding-prone site under Section 37-36(c), is enforceable as a Chapter 37 violation, defaulting to a Class 1 misdemeanor under Scottsdale Code § 1-8, with each day of noncompliance a separate offense.

Flood Zones

Scottsdale adopts FEMA's flood insurance study and rate maps by reference to draw its Special Flood Hazard Areas, with the City Council sitting as the Floodplain Board over them. Inside a mapped floodway, new fill, construction, or other development is flatly prohibited unless a registered engineer certifies it will not raise flood levels during a base flood.

Key details: FIS adoption date: September 21, 1973. FIRM adoption date: April 15, 1988 (Maricopa County panels). Floodplain Board: the Scottsdale City Council. Floodway development: prohibited absent no-rise engineer certification. Map records location: 7447 E. Indian School Road, Scottsdale.

Developing in a floodway without the Section 37-32 engineer's no-rise certification is prohibited outright, not merely permit-deficient. Section 37-13 separately declares any development located or maintained within a special flood hazard area after August 8, 1973 in violation of the article a public nuisance per se, which the city may abate, prevent, or restrain through legal action; absent a more specific penalty, a violation also falls under Scottsdale Code § 1-8's general Class 1 misdemeanor provision, with each continuing day a separate offense.

Compared to other cities, Scottsdale takes a harder line on flood zones. The enforcement and penalty structure reflects that.

Defensible Space

In Scottsdale's Natural Area Open Space (NAOS), Sec. 6.1100.B.6 allows homeowners in Wildland/Urban Interface and Intermix areas to clear flash fuels, including invasive annual grasses, within 30 feet of a habitable structure for fire safety, but the clearing cannot destroy protected native plants within that NAOS buffer.

Key details: Defensible space distance: 30 feet from habitable structure. Applies in: Wildland/Urban Interface and Intermix areas. Allowed removal: Flash fuels, including invasive annual grasses. Protected item: Native plants within NAOS. Conviction fee: $50 to McDowell Mountain land fund.

Clearing beyond the 30-foot defensible-space allowance, or clearing that destroys a protected native plant within NAOS, is a violation of the Environmentally Sensitive Lands Ordinance under Sec. 6.1100.C, enforced through Zoning Ordinance Article I civil sanctions of up to $2,500 with a $500 minimum, plus a mandatory $50 conviction fee that funds the Trust for McDowell Mountain Land Acquisition.

If you are coming from a city with tighter rules, you will find Scottsdale gives residents more flexibility on defensible space.

Flood Elevation Requirements

Scottsdale requires one extra foot of freeboard above the FEMA base flood elevation for new and substantially improved homes in mapped Special Flood Hazard Areas. The city calls this the Regulatory Flood Elevation and ties the lowest floor, including any basement, to it in Zones AE, AH, and A1-30, with a licensed engineer or surveyor required to certify the finished elevation.

Key details: Freeboard requirement: 1 foot above base flood elevation (RFE). Zone AO alternative: 2 feet above highest adjacent grade. Certification required: by registered engineer or surveyor. Floodplain Administrator: city manager or designee. Special case: Indian Bend Wash Corps design memo, Oct. 1973.

Building or substantially improving a home in a Special Flood Hazard Area without meeting the Section 37-22 lowest-floor elevation, or without submitting the required engineer or surveyor certification, is a violation of Chapter 37. Section 37-13 declares any development maintained in an area of special flood hazard in violation of the article a public nuisance per se that the city may abate, prevent, or restrain by legal action, and absent a more specific penalty the general Class 1 misdemeanor provision of Scottsdale Code § 1-8 applies, with each day of the violation a separate offense.

Erosion Control

In Scottsdale's Environmentally Sensitive Lands (ESL) Hillside Landform, Zoning Ordinance Sec. 6.1070.C requires all storm runoff to be directed toward natural channels using best practices for erosion control, and bars construction within 20 feet of boulder features to guard against boulder rolling, rockfalls and landsliding on steep terrain.

Key details: Boulder feature setback: 20 feet minimum for construction. Runoff rule: Directed to natural channels, best practices. Watercourse threshold: 50 cfs in a 100-year event needs review. Reviewing body: Development Review Board. Conviction fee: $50 to McDowell Mountain land fund.

Under Sec. 6.1100.C, a violation of any ESL Ordinance provision, including the hillside erosion-control standards in Sec. 6.1070, is enforced through the violation and penalty provisions of Article I of the Zoning Ordinance (Secs. 1.1401-1.1402), meaning a civil sanction up to $2,500 with a $500 minimum for a non-permitted condition. A conviction under Sec. 6.1100 also triggers a mandatory $50 fee deposited into the Trust for McDowell Mountain Land Acquisition, on top of any other fine.

The Bottom Line

Scottsdale'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 Scottsdale is broadly strict or permissive.

Keep in mind that Scottsdale 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.