Arizona Bulk Transmission Land Access(3-AZ)
The Arizona State Land Department (ASLD) manages Arizona State Trust land which accounts for approximately 9.2 million acres in Arizona. Lands are held in trust and are managed for generating revenue for 13 state trust land beneficiaries.
For transmission lines of 69kV or greater, the ASLD requires acquisition of a mid-term (50-year) right-of-way easement. A.R.S. § 37-461 The required form for a utility ROW application (RW-U), can be downloaded at: https://land.az.gov/sites/default/files/documents/files/RW-U.pdf.
An Encroachment Permit is required for any work within the state right-of-way and is issued by each of the respective Arizona Department of Transportation (ADOT) district offices where the encroachment will be located. The Encroachment Permit Applications and Encroachment Application Instructions and other relevant information is included on ADOT’s website.
A CEC granted by the TLSC must be in compliance with all applicable ordinances, master plans and regulations of the state, a county or an incorporated city or town in which a facility will be located.A.R.S. § 40-360.06 Counties and municipalities have the authority to adopt their own zoning ordinances and comprehensive plans.A.R.S. § 9-461.01 A.R.S. § 9-462.01A.R.S. § 11-804 A.R.S. § 11-811 Construction of a transmission line and associated facilities (i.e. substations) may be subject to land use permitting or requirements including but not limited to:
- Conditional Use Permit
- Special Use Permit
- Zoning Use Permit
- ROW Permit
- Road Crossing Permit
These permits would be submitted to individual counties or municipalities for their approvals upon determination of final transmission line routes. Counties and municipalities are required to cooperate with a utility if the utility engages in advance planning with the local governments.A.R.S. § 40-360.52
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|State Land Right-of-Way:||Any one may need a Right-of-Way in order to construct a transmission line of 69 kV or more on state land. Right-of-Way Instruction Sheet|
|State Land Right-of-Way Agency:||Arizona State Land Department|
|State Highway Right-of-Way:||Any person or entity may need an Encroachment Permit to encroach on a state highway right-of-way. AAC R17-3-502(A).|
|State Highway Right-of-Way Agency:||Arizona Department of Transportation|
|Eminent Domain:||Any person may exercise the purpose of eminent domain for the purpose of “electric light and power transmission lines…” Ariz. Rev. Stat. § 12-1111(10).|
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