Subdivision law - Arizona
In Arizona, subdivision is defined as the act of dividing a parcel of land into six (6) or more parcels of equal or unequal size, any one or more of which is less than thirty-six (36) acres and offered for sale or lease. A disclosure law, the purpose of which is to protect the public from fraud through full and accurate disclosure, governs subdivision of land in Arizona. After state approval of the subdivision application, the subdivider must pay travel and related costs for an inspection of the site by the Arizona Department of Real Estate (ADRE). In addition, if the proposed subdivision is within an Active Management Area (AMA) as defined by the Arizona Department of Water Resources (ADWR), the subdivider or developer is "required to demonstrate an assured water supply that will be physically, legally, and continuously available for the next 100 years before the developer can record plats or sell parcels". Demonstration of an assured water supply is required before ADRE will issue a public report, allowing the developer to sell lots in the subdivision. This is known as the Assured Water Supply Program. In locations outside of AMA's, the Adequate Water Supply Program requires that a developer or subdivider may still sell lots in a subdivision even if the 100-year water supply is determined to be inadequate, as long as this fact is dislosed to potential buyers in the public report and in all promotional materials. Both water supply programs are overseen by ADWR's Office of Assured and Adequate Water Supply.
Added: Wed Jan 09 2008