Public Regulation of Private Land Use in Arizona: An Analysis of Its Scope and Potential Part 1

Land is a limited resource. As population grows and urban areas expand, planning for and controlling private land use becomes critical. Effective land use planning depends in large part on adequate enabling legislation. Land use planning is particularly important in states like Arizona, where growth patterns are still fluid and where land use planning can shape future development. This Article surveys the powers which local government units-cities, towns, and counties-now possess over land use planning. The bulk of the discussion will be divided between primary land use control authority-planning, zoning, and subdivision control-and secondary land use control powers-health regulations, permit and license authority, land acquisition, and nuisance law. Section IV of this Article deals with some planning conflicts. Urbanization creates conflicts between local governments over land use. Unless methods of adjustment are developed to resolve conflicts over land use, one jurisdiction's planning provisions may become another's burden. The final section of this Article discusses some of the aspects of regional planning in Arizona and examines the potential for using regional planning as a tool for guiding development of federally assisted projects.