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TITLE 12, NATURAL RESOURCES
CHAPTER5, LAND DEPARTMENT
ARTICLE 25, CLASSIFYING TRUST LANDS AS SUITABLE FOR
CONSERVATION PURPOSES
R12-5-2501. Petition A. A petition to nominate trust land
suitable for conservation purposes may be filed at the Arizona State Land
Department during regular business hours. The petition shall be made on a
form provided by the Department.
B. A petitioner shall nominate Trust lands in a manner consistent with and only
for lands considered eligible under A.R.S. 37-311, et seq.
C. A petitioner shall include the following information in a petition to
nominate trust land suitable for conservation purposes:
1. A legal description of the land and a map that identifies the Township (T),
Range (R), section, land descriptions, acreage and county where the land is
located. (Example: T1N, R3E, Section 17, SWNW, 40 acres, Maricopa County);
2. A statement of proposed conservation uses of the land;
3. A statement of why the land is suitable for conservation purposes with
reference to the criteria identified in R12-5-2502(A);
4. A statement of the existing surface uses on the land and how each existing
use is affected both physically and economically by the proposed conservation
use;
5. An identification of the local jurisdiction in which the land is located;
6. A statement of the local governing authority’s comprehensive plan
designation and existing zoning for the land and how the proposed conservation
use is or is not consistent with the comprehensive plan and zoning;
7. A statement of the positive and negative physical and economic impacts on the
local community nearest the land;
8. A statement of who or what entity will likely manage the land if, after
the land is reclassified as suitable for conservation purposes, the land is
approved for lease or purchase for conservation purposes; and
9. A statement of any known mineral potential, including sand and gravel,
of the lands.
R12-5-2502. Reclassification
A. Criteria: Reclassification of state lands as suitable for conservation
purposes shall be in the best interest of the Trust as determined by the
Commissioner. The Commissioner and the Conservation Advisory
Committee may consider any or all of the following criteria in evaluating
whether the nominated land should be reclassified as suitable for conservation
purposes:
1. Open space: Existence of substantially undisturbed open space values
that make the land’s conservation an asset to the community or to other
adjacent developable state trust land;
2. Unique scenic beauty;
a. Existence of a natural community landmark such as a significant mountain
vista; or
b. Existence of a scenic vista on to or through the land under petition from
nearby major roadways or pathways, in addition to the mere existence of
undeveloped open space;
3. Wildlife and vegetation;
a. Existence of significant vegetation or wildlife, both native to the region
and worthy of protection due to the relative lushness, health and diversity of
the vegetation or the number and diversity of the wildlife;
b. Existence of endangered, threatened, or protected plants or endangered or
threatened wildlife species as identified under federal or state laws;
c. Existence of significant stands of a signature plant characteristic of the
location;
4. Cultural resources;
a. Existence of a prehistoric or historic archaeological site;
b. Existence of a historic structure; or
c. Comparative costs of mitigation, data recovery, or preservation compared to
potential revenue production of the land;
5. Wildlife habitat:
a. Existence of sufficient acreage and habitat quality to support populations of
endangered, threatened, or other particular species;
b. Interconnection between the land under petition and nearby public lands for
wildlife movement;
c. Diversity of plant communities or biodiversity of plan or animal species;
d. Habitat condition, whether intact or degraded; or
e. Distance from an existing or proposed roadway, utility line, or urban
development;
6. Other:
a. Geologic and topographic features:
i. Existence of a significant wash, slope, or other topographic feature;
ii. Existence of a unique rock outcropping, formation or other unusual geologic
feature; and
iii. Known soil conditions unsuitable for development purposes;
b. Watershed integrity: Relationship of the land to maintenance of
the integrity of
one or more watersheds;
c. Floodplain management: Impact of the 100- year floodplain on the land;
d. Surface water and groundwater:
i. Existence of a spring or other wetland;
ii. Occurrence of perennial or intermittent stream flow; and
iii. Potential for groundwater recharge;
e. Long-term viability of the land for conservation management:
i. Viability of the land based on its size, configuration, and location for
successfully conserving the resources it seeks to protect; and
ii. Relationship of conservation of the land to resolving wildland fire issues,
particularly in the urban-wildland interface;
f. Local, regional or other planning considerations:
i. Relationship between the proposed conservation designation and adopted local
and regional plans and policies; and
ii. Relationship of conservation of the land to other federal, state, local, or
private land trust preserves, holdings, or plans;
g. Recreation:
i. Existence of proposed trail-based or other low impact recreation
opportunities; and
ii. Existence of direct access to or from adjacent public or private lands used
for recreational purposes;
h. Accessibility:
i. Public accessibility and nature of that accessibility to the land; and
ii. Impact of accessibility, based on the purpose of conservation of the land;
i. Scientific education:
i. Historic use of the land for scientific research purposes; and
ii. Opportunities for scientific education;
j. Types of multiple use:
i. Multiple use potential of the land; and
ii. Impact of specific multiple uses on the land;
k. Resource production preservation:
i. Existence of grazing lands under petition that a conservation designation may
help to protect;
ii. Existence of prime agriculture areas under petition that a conservation
designation may help to protect; and
iii. Protection of the resource production component (such as grazing,
agriculture, mining, and timber) of the local or regional economy;
l. Relationship to other state trust lands:
i. Proximity to other state trust lands;
ii. Development capability of adjacent state trust lands; and
iii. Anticipated timing of development activity on adjacent state trust lands;
m. Pre-existing protections: Existence of any federal, state, or local law
requiring protection by existing lessee of proposed conservation values;
n. Tourism: Impact on local or regional tourism;
o. Benefit to the Trust: Whether and for what reason reclassification is
in the best interest of the Trust;
B. Multiple Petitions: If multiple petitions are received and the
Commissioner determines
that reclassification is in the best interest of
the Trust, the Commissioner may reclassify the
land with the conservation purpose stated in one
or more that one of the petitions, or the
Commissioner may reclassify the land without
stating a conservation purpose.
C. Management Plan: Upon reclassification, the Commissioner may
require a party to submit
a management plan to allow existing and conservation uses to be coordinated in a
manner
that will protect both existing uses and
conservation and open space values.
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