Arizona Senate Passes Bill Blocking Local Design Mandates

construction

By Zachery Schmidt

The Arizona Senate passed a bill that aims to lower housing costs by limiting design standard requirements.

Along party lines, state senators passed Senate Bill 1431 this week by a 17-12 vote, with one member not voting.

SB 1431 prevents Arizona municipalities from interfering with a homebuyer’s right to choose design features of their home, including the floor plan, interior design and exterior design.

The bill also prevents cities from implementing aesthetic design requirements. SB 1431 says they can’t adopt design requirements for colors, roofs, driveways, patios, garages, building materials and other items.

Sen. Shawnna Bolick, R-Deer Valley, who sponsored SB 1431, said Arizonans “should be able to build their dream house without worrying about a low level municipal bureaucrat who wants to dictate their preferred design standards.”

Bolick added that the “state should step in knowing we have been living through a housing crisis and the cities have been trampling all over our private property rights.”

“The cities haven’t done a particular good job over the last few decades to address the housing shortage,” Bolick said, answering The Center Square’s questions by email. “Throwing up unnecessary roadblocks further hurts approving affordable housing units for the first time homebuyer.”

She noted the government “needs to stop erecting barriers and forcing new housing developments into HOAs [homeowners’ associations] by requiring shared amenities.”

“HOA fees can add another few hundred dollars on to a first-time homebuyer’s monthly mortgage,” Bolick explained.

To help speed up the permitting process, the bill prohibits state municipalities from delaying, denying or conditionally approving a building permit because of design requirements that are banned under SB 1431.

SB 1431 still allows municipalities to enforce fire codes, building codes, minimum parking standards, dark sky ordinances, and public health and safety regulations.

The bill says its restrictions on municipalities do not apply to homes in historic districts, tribal land, homes designated as historic on the National Register of Historic Places or high noise or potential accident zones near military bases.

Bolick told The Center Square that “over the past several sessions, historic districts and certain military bases have been pushing back against some of the legislature’s housing bills.”

“We believe this would be the best approach to try to get something passed and signed,” she added.

5 Comments

  1. Bravo! There’s federalism, then there’s a higher-level gov’s responsibility to the citizenry to quash the tyrannical proclivities of a political subdivision.

  2. Personally, I am reluctant about this legislation. The design demands that cities require are generally what keeps the value of your home from collapsing. Nobody wants to live in a junky hodge-podge housing tract. zoning and design ordinances are what keeps that from happening. I agree there are heavy-handed cities, so maybe some kind of compromise could be reached.

  3. So builders will now put even cheaper, cookie cutter, all stucco junk into neighborhoods.
    The cities need to be able to mandate better homes in order to prevent ugly neighborhoods, future ghettos.

    • I’d love to be able to buck my HOA and install Hardi-plank or other appropriate siding and get rid of the stucco junk. How stucco is allowed as a material for anything other than bottom-tier construction is criminal, given that it’s sold in mid and upper price level developments for top dollar and is a fragile mess.

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