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Tempe, AZ Property Maintenance: Vacant Lot Maintenance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Tempe City Code § 13A-54(c)
Duty
Stabilize unpaved area or block vehicle access
Enforced under
A.R.S. § 49-513; County Reg. § 300
Notice period
10 working days to submit correction plan
Remedy
City may abate at owner's expense

Summary

Tempe requires every owner of vacant land to control dust by stabilizing unpaved ground or installing City-approved physical barriers that block vehicle access. City Code § 13A-54(c), part of the dust control article, sits alongside a parallel duty on developed sites to stabilize parking and driveway areas.

Owners of vacant land shall control dust emissions by stabilizing any unpaved area or by installing and maintaining physical barriers approved by the City to prevent vehicle access.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).

Full Breakdown

" While subsections (a) and (b) require paved or otherwise stabilized parking, maneuvering, ingress and egress areas at developments (any non-residential use, and residential buildings of four or fewer units once vehicle areas reach 3,000 square feet), subsection (c) applies specifically to vacant land: owners must control dust emissions either by stabilizing any unpaved area or by installing and maintaining City-approved physical barriers that keep vehicles out entirely. The Public Works Director or designee administers the article generally, while enforcement of Section 13A-54 specifically runs through the Community Development Director under Chapter 21, Article III, the same nuisance-enforcement track used for weed and junk violations elsewhere in the Code.

§ 49-513 and Maricopa County Air Pollution Control Regulations § 300, giving the City authority to inspect vacant parcels, issue a written notice of violation giving the owner ten working days to submit a correction plan, and, for continuing or recurring dust violations, refer the matter to the county attorney for penalties under state law. Any dust condition in violation of the article is separately declared a nuisance that the City may abate at the owner's expense.

Violations & Fines

A Section 13A-54 violation triggers a written notice of violation from the Public Works Director giving the owner ten working days to submit a correction plan; noncompliance is enforceable under A.R.S. § 49-513 and county air pollution rules, and the City may summarily abate the dust condition at the owner's expense plus recover attorney's fees and court costs under Section 13A-56.

Frequently Asked Questions

Do I have to pave a vacant lot in Tempe?
No. Section 13A-54(c) gives owners of vacant land a choice: stabilize any unpaved area to control dust, or install and maintain City-approved physical barriers that prevent vehicles from driving onto the lot at all.
Who enforces the vacant-lot dust rule?
The Public Works Director or designee administers Chapter 13A's dust control article, while the Community Development Director enforces Section 13A-54 specifically under Chapter 21's nuisance enforcement procedures, per Section 13A-54(d).
What happens if I ignore a dust notice on my vacant lot?
Section 13A-56 lets the City treat the uncontrolled dust as a nuisance subject to summary abatement at your expense, and continuing violations can be referred to the county attorney for penalties under A.R.S. § 49-513, in addition to recovering the City's attorney's fees and court costs.

Sources & Official References

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