Arizona § 11-867 State preemption; utilities; restrictions; prohibition; limitation; definition

Arizona Statutes

§ 11-867 — State preemption; utilities; restrictions; prohibition; limitation; definition

Arizona § 11-867

Title 11Arizona Revised Statutes

Ch. 6COUNTY PLANNING AND ZONING

Art. 5Building Codes

This text of Arizona § 11-867 (State preemption; utilities; restrictions; prohibition; limitation; definition) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 11-867 (2026).

Text

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

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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.