Arizona Statewide Rule
Arizona Agricultural Zoning Limits Under State Law
Key Facts
- Counties Limited Under
- Counties limited under ARS 11-812 from over-regulating ag land
- Cities Limited Under
- Cities limited under ARS 9-462.01 for ag uses
- Right to Farm
- Right to Farm reinforces zoning protection
- Farms over set
- Farms over set acreage receive enhanced protection
Summary
Arizona limits local zoning power over agricultural land, protecting commercial farming activities from overly restrictive land-use regulation.
A. Nothing contained in any ordinance authorized by this chapter shall: 1. Affect existing uses of property or the right to its continued use or the reasonable repair or alteration of the property for the purpose for which used at the time the ordinance affecting the property takes effect. 2. Prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres.
Full Breakdown
Arizona zoning law in ARS 11-812 and ARS 9-462.01 restricts counties and cities from regulating the use of land or structures for general agricultural purposes on parcels of certain sizes. Combined with the Right to Farm Act in ARS 3-112, agricultural operations enjoy substantial protection from local zoning interference. Cities may regulate non-agricultural uses on the same parcels and require setbacks, but cannot prevent established farming, ranching, or related uses without state-authorized exceptions.
Violations & Penalties
Local ordinances that improperly restrict agricultural uses are void and may trigger damages or attorney fees.
Frequently Asked Questions
Can cities zone out new farms?
Do CAFOs get the same zoning protection?
Sources
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