RAPID/BulkTransmission/Arizona/Land Access

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Arizona Bulk Transmission Land Access(3-AZ)

Utility Right-of-Way

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. [1] 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.

Encroachment Permits

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.

Local Process
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.[2] Counties and municipalities have the authority to adopt their own zoning ordinances and comprehensive plans.[3][4][5][6] 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.[7]

More Information

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

Arizona Federal

State Land Right of Way Agency: Arizona State Land Department
State Land Right of Way Process: In consultation with the Arizona State Land Department, a developer of transmission lines 69kV or greater must acquire a 50-year utility right-of-way easement.
State Highway Right of Way Agency: Arizona Department of Transportation
State Highway Right of Way Process: Developers of projects within a state right-of-way must apply for an encroachment permit from the corresponding Arizona Department of Transportation district office. Ariz. Admin. Code § 17-3-502(B)(2).
Eminent Domain: A transmission developer may exercise eminent domain for the purpose of constructing transmission lines and operating facilities. Ariz. Rev. Stat. § 12-1111(10).

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List of Reference Sources

  1. A.R.S. § 37-461
  2. A.R.S. § 40-360.06 (2014). Section (D)
  3. A.R.S. § 9-461.01 (2014).
  4. A.R.S. § 9-462.01 (2014).
  5. A.R.S. § 11-804 (2014).
  6. A.R.S. § 11-811 (2014).
  7. A.R.S. § 40-360.52 (2014).