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2023 Arizona Revised Statutes
Title 11 - Counties
§ 11-867 - State preemption; utilities; restrictions; prohibition; limitation; definition

Universal Citation:
AZ Rev Stat § 11-867 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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11-867. State preemption; utilities; restrictions; prohibition; limitation; definition

A. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. A person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service is not subject to further regulation by a county pursuant to this section.

B. Any code, ordinance, land use restriction or general or specific plan provision or part of a code, ordinance, land use regulation or general or specific plan provision adopted by a county may not prohibit or have the effect of restricting a person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service at a person's or entity's property.

C. A county may not impose a fine, penalty, or other requirement that has the effect of restricting a utility provider's authority to operate or serve customers.

D. This section does not affect any authority of a county to manage the public highways within the county's boundaries or to exercise the county's police powers to review and approve an application before issuing a permit to perform work in the public highways or to enforce associated permit conditions.

E. This section does not affect any authority of a county to manage or operate a county-owned utility.

F. For the purposes of this section, " utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.

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