reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6803 - Application approval or rejection; effective date; franchise term and reversion

28-6803.
Application approval or rejection;  effective date;  franchise term and reversion
A. If it appears to the board of supervisors that the public interest will be promoted by the application provided in section 28-6802,  it may grant the application in whole or in part or as revised.
B. The board of supervisors shall not grant an application if any of the following applies:
1. The highway commission files with the board of supervisors a written statement that the proposed toll road will interfere with an existing or proposed state highway or state route.
2. The proposed toll road will interfere with an existing or contemplated county highway.
3. The proposed toll road will be converted from a publicly funded or maintained street or highway. This paragraph does not apply if the applicant is an airport as defined in section 28-8461.
C. An order granting an application is not effective until a copy of the order and an engineer's plat of the road approved in writing by the board of supervisors is filed with the county recorder within thirty days after the date the order is made.
D. A franchise for a toll road shall not be granted for a term of more than ten years,  subject to the right of extension for one additional period of not more than ten years.
E. On expiration or forfeiture of a toll road franchise:
1. The ownership and all rights and privileges appurtenant to the ownership vest in the county or counties in which it is located.
2. The board of supervisors may declare it a free highway or collect tolls.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6804 - Toll road; interference prohibited

28-6804.
Toll road;  interference prohibited
A toll road shall not interfere with a highway in general use by the traveling public. If a toll road is established or if the prior right to maintain it has been acquired,  another toll road shall not be constructed or maintained within one mile of either side of the road.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6805 - Toll road; condemnation; construction; guideposts

28-6805.
Toll road;  condemnation;  construction;  guideposts
A. Lands necessary for the construction of a toll road or appurtenances to a toll road may be acquired by condemnation.
B. A toll road shall be laid out at least fifty feet wide. If the road is a plank road,  the track shall be constructed eighteen feet wide of timber,  plank or other hard material. If the toll road is a turnpike,  the track shall be bedded with stone,  gravel or other hard material found on the line of the track to the width of eighteen feet and faced with broken stone or gravel. A common wagon road shall be graded at least twelve feet in width and constructed with necessary turnouts to permit vehicles to pass conveniently. The roads shall:
1. Be ditched on the sides if practicable.
2. Have proper and necessary drainage.
3. Be constructed so that vehicles may pass on and off the track at intersections of roads.
C. Any tollgate,  tollhouse or other building shall not be erected within one hundred sixty-five feet of the front of any dwelling house,  barn or outhouse without the written consent of the owner. A toll road shall not be constructed:
1. Within the limits of an incorporated city or town.
2. Through an orchard at least four years old so as to injure the fruit trees.
3. Through a garden that has been cultivated at least four years.
4. Through a dwelling house or yard or enclosure necessary to a dwelling house without written consent of the owner.
D. There shall be a guidepost at every intersection of the toll road and a public road. The guidepost shall indicate the name and direction of the place to which the public road leads. The owner shall keep the guidepost in good condition at all times,  and if the owner fails to do so:
1. The owner's franchise may be forfeited on information in the nature of quo warranto.
2. The owner is liable for damages sustained by parties passing over the road.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6806 - Toll road construction and completion

28-6806.
Toll road construction and completion
A. Construction of the toll road shall begin within thirty days after the date of the order approving the application and shall continue with all reasonable dispatch until completed.
B. When the road is completed,  the owner of the franchise shall file with the county recorder a certificate that the road is completed and conforms to the requirements of law.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6807 - Toll rates; violation; classification

28-6807.
Toll rates;  violation;  classification
A. When the certificate of completion is filed,  tollgates may be erected and tolls may be collected.
B. The board of supervisors shall fix and regulate the rates of tolls for franchises granted under this article within the limits of its county,  giving due regard to the cost of construction,  magnitude of the structure and expenses incidental to the toll road and maintenance. The rates may be changed after notice to the owners and the public given by posting notice on the property and after a hearing. The rates of tolls shall be printed or painted in a plain and legible manner on a bulletin board posted at each tollgate on the road.
C. A person who knowingly demands or collects a higher rate of toll than fixed by the board is guilty of a class 2 misdemeanor.
D. If a person traveling on a toll road attempts to run by or go around a tollgate established on a toll road with the intention of avoiding the payment of the toll,  the person is guilty of a petty offense.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6808 - State tax

28-6808.
State tax
The owner shall:
1. Keep an accurate account of the gross receipts and expenditures of the road.
2. Make a quarterly report of the gross receipts and expenditures under oath to the department of administration accompanied by two per cent of the gross proceeds from the road that are deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6921 - State engineer; qualifications; compensation

28-6921.
State engineer;  qualifications;  compensation
A. The director shall appoint a state engineer to administer the division.
B. The state engineer shall be both:
1. A civil engineer registered to practice in this state.
2. Familiar with the theory of and experienced in the practice of highway construction,  maintenance,  design or engineering.
C. The state engineer:
1. Shall have either:
(a) A thorough knowledge of modern business methods.
(b) At least ten years of experience in a business or profession of which at least four years was in a responsible administrative capacity. All or part of the experience may have been with the United States government,  a state or a political subdivision of a state.
2. Shall devote full time to the duties of the office.
3. Shall not engage directly or indirectly in an occupation that conflicts with the state engineer's duties.
4. Is the executive and administrative officer of the division.
5. Has charge of the administration of all highway affairs as authorized by the director.
6. Is eligible to receive compensation pursuant to section 38-611.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6922 - Director; powers and duties

28-6922.
Director;  powers and duties
A. The director of the department of transportation or the director's authorized and bonded agent shall administer all highway and maintenance work and has the following powers and duties:
1. Direct the preparation of all plans and specifications for work on state highways or state routes.
2. Advertise for competitive bids for work on state highways or state routes and,  on authorization of the transportation board,  award and enter into contracts for the work.
3. Direct the supervision of all construction work on state highways and state routes and is in charge of maintenance and upkeep of these highways and routes.
4. Approve payment for work done by the state on or in connection with state highways or state routes,  except that the director of the department of administration shall not allow a claim for work without the approval of the director of the department of transportation or the director's authorized and bonded agent.
5. Negotiate and award contracts to private consulting engineers or consulting engineering firms if deemed in the public interest by the director and the transportation board for the performance of engineering work that is required to formulate and complete highway construction contracts.
B. The director shall:
1. Direct the organization of the division.
2. Appoint,  suspend,  discharge and fix the duties of employees.
3. Make monthly reports to the transportation board of all expenditures of the division,  of the work accomplished and other applicable information.
4. On request of the transportation board,  assign clerks or other employees to the board.
5. Prescribe procedures for the use of division personnel,  facilities,  equipment,  supplies and other resources in assisting search or rescue operations.
6. Exercise other powers necessary to carry out the work of the division and perform other duties prescribed by law for the division.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6925 - Contract counsel fund; appropriation; exemptions; disbursements; reimbursement

28-6925.
Contract counsel fund;  appropriation;  exemptions;  disbursements;  reimbursement
A. The sum of thirty thousand dollars is appropriated from the state highway fund to the department for deposit in a special fund designated as the contract counsel fund. The department of transportation shall spend monies in the fund to reimburse the attorney general for department of law services.
B. The appropriation made by this section is limited to the hiring of attorneys for condemnation cases pertaining to the purchase and acquisition of rights-of-way on federal aid projects.
C. The department of administration shall transfer and replenish the sum appropriated under this section from monies in the state highway fund appropriated for construction of state highways to the contract counsel fund. On receipt of itemized verified statements accompanied by proper receipts and vouchers showing in detail the expenditures from the contract counsel fund,  the department of administration shall issue a warrant to fully replenish the contract counsel fund from monies appropriated for construction of state highways,  except that the total of the warrants shall not exceed thirty thousand dollars at any time.
D. The appropriation under this section is exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6926 - Construction contracts; void provisions

28-6926.
Construction contracts;  void provisions
A provision,  covenant,  clause or understanding in,  collateral to or affecting a construction contract that makes the contract subject to the laws of another state or that requires any litigation,  arbitration or other dispute resolution proceeding arising from the contract to be conducted in another state is against this state's public policy and is void and unenforceable.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6951 - Five year transportation facilities construction program; departmental committee

28-6951.
Five year transportation facilities construction program;  departmental committee
A. The director shall develop a five year transportation facilities construction program according to the policies established by the board.
B. To aid in the development of the five year transportation facilities construction program,  the director shall appoint a departmental committee that is responsible to the director. The departmental committee is subject to title 38,  chapter 3,  article 3.1.
C. The departmental committee shall:
1. Recommend priorities on transportation facilities construction projects to be constructed by this state that may include any relevant criteria for the development of priority recommendations for the construction and development of transportation facilities to be constructed by this state.
2. Update and prepare annually a long-range statewide transportation facilities construction program covering the following five fiscal years for submission to the board as follows:
(a) The first year of the five year program shall consist of the highest priority transportation facilities construction projects that with reasonable certainty can be advertised for public bidding.
(b) The committee shall group proposed projects for the four remaining years of the five year program by the year it is estimated construction will begin and in order of their priorities.
(c) The committee shall provide the estimated cost of the program for each year that is approximately equal to the revenues estimated to be available for transportation facilities construction purposes during that year.
3. Review priority changes in or introduction of new projects to a proposed or an adopted five year program that the board has requested and make recommendations in a written report to the board on the requested priority changes or introduction of new projects based on a study of the criteria and policy that establish the priorities of projects.
4. Review the adopted five year transportation facilities construction program from time to time during the fiscal year and make recommendations in a written report to the board for priority changes in or introduction of new projects to the program based on a study of the criteria and policy that establish the priorities of projects.
5. Review and make recommendations to the board for applications submitted pursuant to section 28-339.
6. Fully document its recommendations in the written reports required by this section.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6952 - Five year transportation facilities construction program; publication; hearing

28-6952.
Five year transportation facilities construction program;  publication;  hearing
A. On or before the second Monday in April of each year,  the board shall review the updated five year transportation facilities construction program prepared by the director.
B. On or before the first Monday in May of each year,  the board shall publish a notice in a newspaper of general circulation in each county in which construction projects are planned under the statewide five year transportation facilities construction program for the following five fiscal years. The notice shall specify a date that is on or before the third Monday in May for a public hearing held at the office of the board to review the program and hear objections and protests from an individual or group.
C. After the public hearing,  the board may make priority changes in or introduce new projects to the proposed five year transportation facilities construction program pursuant to section 28-6955.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6953 - Updated program; annual report

28-6953.
Updated program;  annual report
A. Except as provided in subsection C of this section,  on or before June 30 of each year,  the board shall:
1. Adopt an updated five year transportation facilities construction program for the following five fiscal years.
2. File a written report with the director and the governor outlining the updated program and explaining any priority changes made pursuant to section 28-6955.
3. File a copy of the program with the director of the department of administration and the state treasurer.
B. On or before the first Monday in August of each year,  the board shall prepare and make available to the public an annual report that summarizes the updated five year statewide transportation facilities construction program. The report shall contain:
1. The name of each proposed transportation facilities construction project.
2. The anticipated year each project will be advertised for bidding.
3. The location,  description and total estimated cost of each project.
4. An explanation of the project's priority.
5. Other data the board deems necessary.
C. Notwithstanding sections 28-304 and 28-6955,  the five year transportation facilities construction program in effect on June 30,  2000,  and the regional freeway program scheduled for completion by 2007 and in effect on June 30,  2000,  shall not be delayed or postponed and shall remain in effect without change in priority or programming until the projects planned or programmed in the five year transportation facilities construction program and regional freeway program scheduled for completion by 2007 are substantially complete.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6954 - Program requirements

28-6954.
Program requirements
A. The five year transportation facilities construction program shall:
1. Set forth estimated expenditures by project for engineering,  rights-of-way and construction.
2. Include detailed information by project as to location,  description and the reasons for the project's assigned priority.
3. List projects by priority and group them in the fiscal year during which it is estimated construction can begin.
4. For the first year of the program,  consist of projects that can with reasonable certainty be advertised for public bidding.
5. Include a plan for the use of monies expected to be deposited in a county's regional area road fund as provided in chapter 17,  article 1 of this title that is all of the following:
(a) Consistent with the plan as defined in section 28-6351.
(b) Consistent with the project budget process specified in section 28-6352,  subsection C,  paragraph 1.
(c) Annually updated.
6. Include a plan for the use of monies that are expected to accrue in a county's regional transportation fund as provided in section 48-5310,  that are dedicated for street and highway purposes and that are in the state highway system.
B. The department shall develop and use detailed criteria designed to meet the transportation system performance measures adopted by the board pursuant to section 28-304 in identifying projects for the five year transportation facilities construction program. The project selection process shall also conform to state and regional growth policies.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6955 - Five year program changes

28-6955.
Five year program changes
A. The board may change a proposed or an adopted five year transportation facilities construction program.
B. If the board desires to change the priority of a project or to introduce a new project into a proposed or an adopted five year program that would result in changed priorities,  the board shall require the director to study the requested change and make a recommendation to the board based on the criteria and policy provided in section 28-6951. If the board changes the priority of projects of a proposed or an adopted five year program,  the board shall:
1. Make the change only in an open meeting.
2. Specifically document and explain in a written report the reasons and justifications for changes and for any deviations from the recommendations of the director.
3. Include the written report with the updated five year program to be filed with the director and the governor the next fiscal year.
4. Immediately incorporate any priority changes approved by the board into the five year program.
C. Any changes in an adopted five year transportation facilities construction program other than changes affecting the priorities are not required to be reported in writing.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6992 - Director of department of administration; comptroller of fund

28-6992.
Director of department of administration;  comptroller of fund
A. The director of the department of administration is the comptroller of all expenditures from the state highway fund.
B. The duties of the director of the department of administration under this section are supervisory. The director of the department of administration shall not approve a claim or demand for a purpose that is not authorized.
C. On request,  the director of the department of transportation shall submit to the director of the department of administration the facts and circumstances connected with a claim or demand.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6994 - Highway damage recovery account

28-6994.
Highway damage recovery account
A. The highway damage recovery account is established as a separate account in the state highway fund established by section 28-6991. The department shall deposit,  pursuant to sections 35-146 and 35-147,  all monies received for damage caused to state highways,  portions of highways forming state routes,  fixtures and other state property in the right-of-way into the account. Subject to legislative appropriation,  the department shall use monies in the account for maintenance of state highways,  portions of highways and state routes.
B. On notice from the department,  the state treasurer shall invest and divest monies in the highway damage recovery account as provided by section 35-313,  and monies earned from investment shall be credited to the account.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6995 - Preferences

28-6995.
Preferences
A. In spending monies from the state highway fund,  the department shall give preference to the requirements of the budget in the following order:
1. Constructing highways in cooperation with the United States.
2. Taking over and constructing other state highways.
B. Reconstruction or replacement of existing highways that are damaged or destroyed by acts of God or other sudden or unexpected causes shall be given preference accorded for maintenance expenditures pursuant to the order named in subsection A.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6996 - State highway fund; investment

28-6996.
State highway fund;  investment
On notice from the director the state treasurer shall invest and divest monies in the state highway fund in obligations issued or guaranteed by the United States or any of the senior debt of its agencies,  sponsored agencies,  corporations,  sponsored corporations or instrumentalities,  and monies earned from investment shall be credited to the fund.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6998 - Public monies; expenditure

28-6998.
Public monies;  expenditure
A. The department is subject to the provisions of title 35,  chapter 1 relating to public finances and to all other acts of the legislature applicable to the expenditure of public monies.
B. The department shall conform to the state budget system and shall not make expenditures unless both:
1. The department is authorized to make the expenditure by the legislature.
2. The money is appropriated for the expenditure.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-6999 - Expenditure; appropriation limitation; violation; classification; civil action

28-6999.
Expenditure;  appropriation limitation;  violation;  classification;  civil action
A. Except for repayment of loan repayment agreements and interest on loan repayment agreements pursuant to section 28-7676,  advances and interest on advances made to the department pursuant to section 28-7677,  principal of and interest on board funding obligations delivered pursuant to section 28-7678 and bonds and obligations issued pursuant to chapter 21 of this title,  the board and the director shall not make or authorize an expenditure for any purpose during a fiscal year in excess of the amount appropriated by the legislature for that purpose.
B. A member of the board or an employee or agent of the department who knowingly approves for expenditure or who knowingly causes to be expended any amount in violation of this section is both:
1. Guilty of a class 2 misdemeanor.
2. Liable for the amount on the person's official bond to be recovered in a civil action in the name of this state brought by either:
(a) The attorney general.
(b) On the failure or refusal of the attorney general to act,  any citizen of this state for the benefit of this state.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7000 - Contracts; exceptions

28-7000.
Contracts;  exceptions
A. Notwithstanding section 28-6999,  the department may enter into:
1. Construction contracts the performance of which may extend beyond the close of the fiscal year.
2. Contracts or agreements for the purpose of right-of-way acquisitions that may obligate state monies for payment up to ten years before the estimated completion date of construction.
3. Contracts or agreements for the purpose of compensating a utility for damages to the utility's facilities if the damages result from an increase in the cost of maintenance,  repair or replacement of the facilities due to changes in the configuration or location of the utility's facilities that are required to accommodate a transportation facility. This paragraph applies to any contract or agreement in effect on August 9,  2001. For the purposes of this paragraph,  " utility"  includes the owner of the utility facilities and any person other than the owner who is responsible for the cost of maintenance,  repair or replacement of the facilities.
B. Notwithstanding subsection A,  paragraph 2 of this section,  the department may purchase rights-of-way for projects identified in the long-range statewide transportation plan pursuant to sections 28-307 and 28-506.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7001 - Right-of-way purchase; financing

28-7001.
Right-of-way purchase;  financing
A. If the department elects to enter into a contract or agreement for the purchase of right-of-way and in addition to other methods of acquisition prescribed by law,  at the discretion of the property owner,  the department may enter into a contract or agreement for the purchase of right-of-way utilizing one or more of the following financing methods:
1. Cash to mortgage purchase agreement.
2. Seller financing.
3. Assumption of existing financing.
4. Lease-purchase agreement.
5. Any other term purchase agreement.
B. A contract or agreement authorized by section 28-7000 or this section shall not contain a financing method that would result in the creation of a debt pursuant to article IX,  section 5,  Constitution of Arizona.
C. The department may negotiate regarding the terms of purchase and enter into a contract with the property owner regarding the financing and terms of purchase. The contract between the department and the property owner regarding financing and the terms of purchase is binding in the event of condemnation.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7002 - Right-of-way acquisitions; applicability; limitation

28-7002.
Right-of-way acquisitions;  applicability;  limitation
A. Sections 28-7000 and 28-7001 relating to right-of-way acquisitions apply only to advance acquisition of rights-of-way and do not apply to any other means of right-of-way acquisition.
B. The department shall not initiate financing as prescribed in sections 28-7000 and 28-7001 after a condemnation action is filed.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7003 - Construction program account transfers

28-7003.
Construction program account transfers
The director of the department of transportation may certify to the director of the department of administration the transfer of amounts from one construction program account to another construction program account only as follows:
1. Construction program items involving urban projects constructed with federal urban monies and state highway monies may be transferred to other urban projects.
2. If a construction program item or account in the first year of its adopted long-range construction program does not contain sufficient monies for awarding or completing a contract,  additional monies may be transferred to it from other construction program items from either:
(a) A construction program item or account in which there are excess monies after the completion of the work and there is a complete discharge and satisfaction of all liabilities incurred on that account.
(b) A construction program item or account with a priority not falling within the first year of its adopted long-range construction program.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7005 - Revolving account; small expenses

28-7005.
Revolving account;  small expenses
A. The director of the department of administration may issue a warrant in an amount of not more than five hundred thousand dollars on claims properly certified by the department of transportation to establish a revolving account to facilitate only the payment of small expenditures,  payrolls and expense accounts in connection with the operation of the department of transportation. Claims authorized by this subsection shall be paid from any monies appropriated to the department of transportation.
B. If the director of the department of administration has issued a warrant pursuant to this section,  the director of the department of administration shall not issue another like warrant until an itemized verified statement and proper receipts and vouchers showing in detail the expenditure and distribution of the amount previously advanced for the revolving account under this section and the account to which each item of the statement shall be charged is filed with the director of the department of administration. On receipt of the statement,  the director of the department of administration shall charge each item to the proper account and may issue a further warrant,  on claims,  to replenish the revolving account,  but the total shall not exceed five hundred thousand dollars at any time.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7007 - State highway fund; claims; payment

28-7007.
State highway fund;  claims;  payment
Monies in the state highway fund shall be paid only on an itemized and verified claim by the director of the department of transportation or any other bonded agent authorized by the director of the department of transportation. A claim shall be presented to and filed with the director of the department of administration disclosing the authority for the claim. If the director of the department of administration approves the claim,  the director of the department of administration shall charge it to the proper account and pay the claim in accordance with the provisions of section 35-185 and shall charge the claim to the proper account.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7008 - State highway fund reimbursement; nonhighway costs

28-7008.
State highway fund reimbursement;  nonhighway costs
A. To limit the expenditures of monies in the state highway fund established by section 28-6991,  pursuant to article IX,  section 14,  Constitution of Arizona,  to highway purposes,  the department of transportation shall:
1. Maintain a strict account of all costs incurred by each function of the department. The department of transportation shall determine and allocate the costs between highway and nonhighway functions,  including the costs of wages,  salaries,  materials,  supplies and equipment or facility use.
2. Concurrently with or immediately after the determination of all of the costs prescribed in paragraph 1,  certify to the department of administration the full amount of all of the costs relating to nonhighway functions.
B. On receiving the certification by the department of transportation pursuant to subsection A of this section,  the department of administration shall authorize and transfer the full amount of the nonhighway costs from any monies appropriated to the department of transportation from nonhighway user revenues to the state highway fund.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7041 - State highways and routes defined

28-7041.
State highways and routes defined
A. The state highways,  to be known as state routes,  consist of the highways declared before August 12,  1927 to be state highways,  under authority of law,  that the board,  after receipt of a recommendation from the director,  may add to,  abandon or change. If the board proceeds contrary to the recommendations of the director,  it shall file a written report with the governor stating the reasons for the action.
B. The state highways consist of the parts of the state routes designated and accepted as state highways by the board. A highway that has not been designated as a state route shall not become a state highway and any portion of a state route shall not become a state highway until it has been specifically designated and accepted by the board as a state highway and ordered to be constructed and improved.
C. All highways,  roads or streets that have been constructed,  laid out,  opened,  established or maintained for ten years or more by the state or an agency or political subdivision of the state before January 1,  1960 and that have been used continuously by the public as thoroughfares for free travel and passage for ten years or more are declared public highways,  regardless of an error,  defect or omission in the proceeding or failure to act to establish those highways,  roads or streets or in recording the proceedings.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7042 - Width of public highways; exception

28-7042.
Width of public highways;  exception
A. Highways that were constructed,  laid out,  opened or established before August 12,  1927 as public highways by the territory or state or by a board of supervisors or political subdivision of this state and that have been used continuously by the public as thoroughfares for free travel and passage for two years or more,  regardless of an error,  defect or omission in the proceeding to establish the highways or in recording the proceedings,  and highways established pursuant to law are declared public highways sixty-six feet wide,  unless the width of the highways is otherwise specified.
B. Except as specifically provided for in this title,  this section does not apply to a portion of a public highway within the limits of an incorporated city or town that has a population of more than two thousand five hundred persons according to the most recent United States decennial census or the most recent special census as provided in section 28-6532.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7043 - Designation of state route as state highway

28-7043.
Designation of state route as state highway
A. At least two weeks before the designation and acceptance by the transportation board of a state route or portion of a state route as a state highway,  the transportation board shall give notice to the board of supervisors of the county in which the proposed highway is located of the intention of the transportation board to consider the designation.
B. The board of supervisors may:
1. Appear before the transportation board and be heard on the proposal.
2. Petition the transportation board to take over and designate a state route as a state highway.
C. Until designated and accepted as state highways,  all state routes are county highways and shall be constructed,  improved and maintained as county highways,  except as otherwise provided in this title.
D. A part of a state route shall not be taken over or designated as a state highway until monies for its improvement are provided in the budget of the department. If part of a state route is designated and accepted by the transportation board as a state highway,  the department shall maintain the highway.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7044 - Signs

28-7044.
Signs
The director shall:
1. Prescribe standard board and road signs or other devices and provide a uniform system of marking and signaling on state routes and state highways that correlate with and as far as possible conform to the system approved by the American association of state highway officials.
2. Regulate the use of advertising signboards and road signs on state roads or state highways.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7046 - Opening, altering or vacating highway; review of order

28-7046.
Opening,  altering or vacating highway;  review of order
A. If the director or the board desires to establish,  open,  relocate,  alter,  vacate or abandon a state highway or a portion of a state highway,  the director shall make and deliver a written report to the board describing the highway or portion of the highway to be affected. If the board decides that the public convenience will be served,  it shall enter a resolution on its minutes approving the proposed action and authorizing the director to proceed and to acquire any property for the action by condemnation or otherwise.
B. The superior court may review by certiorari the action of the board establishing,  opening,  relocating,  altering,  vacating or abandoning state highways.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7047 - Mountain preserve; limitation; definition

28-7047.
Mountain preserve;  limitation;  definition
A. This state or a political subdivision of this state shall not construct,  lay out,  open or establish a street,  road or highway through a designated mountain preserve unless the construction of the street,  road or highway is approved by a majority of the electors of a charter city voting on the matter.
B. This section does not apply to a state route that is proposed to be constructed within a designated mountain preserve and that is in the state highway system on August 15,  1990.
C. For the purposes of this section,  " designated mountain preserve"  means individual parcels of real property that are within a charter city,  that have been designated as a whole as a mountain preserve and that have been accumulated or designated through any of the following methods:
1. Real property that is owned by a charter city and that is located within a generally recognized mountain preserve area.
2. Real property purchased by a charter city in whole or in part for the purpose of including the real property within a mountain preserve with the proceeds of general obligation bonds issued by the charter city.
3. Real property designated by ordinance to be a part of a mountain preserve by the city council of a charter city.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7048 - Lease of areas above and below highways; exceptions

28-7048.
Lease of areas above and below highways;  exceptions
A. The director may lease to any public agency,  as defined in section 11-951,  or to a private person or entity the use of areas above or below state highways,  subject to reservations,  restrictions and conditions the director deems necessary to assure adequate protection of the safety and integrity of highway facilities and to secure the safety of motorists. Before entering into the lease,  the director shall:
1. Determine that the proposed use by a lessee is not in conflict with the zoning regulations of the local government concerned.
2. Make the lease pursuant to procedures prescribed by the board.
3. Make a lease with a private person or entity only after competitive bidding.
B. The transportation board may reject any or all bids or call for additional bids if in the opinion of the board the bids submitted are not in the best interest of this state. The board shall not accept a bid that does not yield at least a fair rental value for the property to the state highway fund.
C. The department shall deposit,  pursuant to sections 35-146 and 35-147,  the revenues derived from the leases in the state highway fund.
D. The authority granted to the director by this section does not include the right to lease public rights-of-way to public service corporations,  and this section does not affect any rights of public service corporations to use public rights-of-way or to obtain permits or easements associated with public uses of public rights-of-way.
E. This section does not apply to the use of highway rights-of-way for telecommunication facility installation pursuant to article 14 of this chapter.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7049 - Classification of streets that connect highways and routes

28-7049.
Classification of streets that connect highways and routes
A. If the streets of an incorporated city or town form necessary or convenient links for the connection of sections of state highways or state routes,  or for carrying the state highways or state routes through the city or town,  the director and the governing body of the city or town,  in the case of state highways,  or the board of supervisors and the governing body of the city or town,  in the case of state routes,  may agree that the streets are deemed state highways or county highways,  respectively.
B. The agreement shall provide for maintenance of the streets classified pursuant to this section.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7050 - Federal aid secondary highways; definition

28-7050.
Federal aid secondary highways;  definition
A. On petition of the board of supervisors of a county and if the board decides that the public convenience is served and the designation will not interfere with the completion and upkeep of the present county highway system,  the board may request that the federal highway administration place a road on the county federal aid secondary system.
B. Federal aid secondary county highways shall be constructed,  improved,  repaired and maintained by the county with the department acting as an agent for the counties for the receipt of federal aid monies.
C. The department shall pay costs of construction,  improvement,  repair and maintenance of federal aid secondary state highways.
D. Matching monies for county federal aid secondary projects are the responsibility of the county,  and matching monies for state federal aid secondary projects are the responsibility of the department.
E. Any rural road in this state may be designated a federal aid secondary road by approval of the board with the concurrence of the federal highway administration.
F. For the purposes of this section,  " secondary roads"  means roads having secondary order of significance to primary roads that connect centers of population.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7051 - Roadside parks; historical markers

28-7051.
Roadside parks;  historical markers
A. The department may construct,  maintain and operate roadside parks on highway property for the use and benefit of the public.
B. The department may construct and erect signs and plaques marking points of historical importance on highway property. The signs and plaques shall not be erected unless they have been certified as reasonably authentic and historically correct by the director of the Arizona state library,  archives and public records.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7052 - Action concerning lands taken or damaged in construction of highway or airport; statute of limitations

28-7052.
Action concerning lands taken or damaged in construction of highway or airport;  statute of limitations
An action brought to recover possession of or to clear title to real property claimed by this state or by a political subdivision of this state as a public highway or airport or an action brought to recover compensation or damage for property taken or damaged in or for the construction of a public highway or airport shall be commenced within two years after the cause of action has accrued and not afterward.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7054 - Highway or airport encroachments; additional remedies

28-7054.
Highway or airport encroachments;  additional remedies
A. If an encroachment is a fixed advertising device or a movable object,  notice for the removal of the encroachment may be given to the occupant or owner of the reversionary interest of the land or person causing or owning the encroachment by personal service or by registered or certified mail at the person's place of residence if known,  and if unknown,  notice may be posted on the encroachment.
B. If it is a highway encroachment,  the notice shall specify the width of the highway and the place and extent of the encroachment and shall require the removal of the encroachment within thirty days thereafter if the encroachment is a fixed advertising device and within fifteen days after notice is given or posted if the encroachment is a movable object.
C. If it is an airport encroachment,  the notice shall specify the location of the runway or taxiway and the place and extent of the encroachment and shall require the removal of the encroachment within thirty days thereafter if the encroachment is a movable object.
D. If notice is given under this section and if the removal is not commenced within the required period or after being commenced is not diligently prosecuted,  the department or the governing body of the appropriate political subdivision if it is not a state highway or airport facility may remove the encroachment without commencing any action. The person responsible for the encroachment shall pay the cost of removal,  and an action may be filed in the superior court in the county where the encroachment is made or exists and where the removal is manifested to collect reimbursement of the necessary cost of removal to the subdivision of this state that has custody and control of the highway or airport facility by law.
E. The procedure provided by this section is not exclusive and does not prohibit the use of either:
1. Any other remedy provided by law to protect a highway or airport facility.
2. The authority of officers of the department of public safety to cause the immediate removal of obstructions,  encroachments,  vehicles or aircraft.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7055 - Leaving gate open on fenced land; classification

28-7055.
Leaving gate open on fenced land;  classification
A. A person traveling on a road or highway that is open for use and used by the public,  that passes into or over any part of an enclosed field or pasture of another person and that has a gate or bars across the road or highway at the point of entrance to or exit from the enclosed field or pasture shall securely close the gate or bars after opening them.
B. A person who violates this section is guilty of a petty offense.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7056 - Dumping trash on highways or airports; classification

28-7056.
Dumping trash on highways or airports;  classification
A. A person who dumps,  deposits,  places,  throws or leaves refuse,  rubbish,  debris,  filthy or odoriferous objects,  substances or other trash on a state or county highway,  road,  public thoroughfare,  public airport,  the right-of-way to a state or county highway,  road,  public thoroughfare or public airport or within twenty yards of a state or county highway,  road,  public thoroughfare or public airport is guilty of a class 3 misdemeanor.
B. If a class 3 misdemeanor is committed as provided in subsection A from a motor vehicle or aircraft,  the driver of the vehicle or pilot of the aircraft is presumed to be the offender.
C. The director,  the board of supervisors of each county and the governing body of each city or town shall cause signs to be erected at suitable intervals on highways,  airports and public thoroughfares in their respective areas of authority,  including public parks,  informing the public that it is unlawful to commit the acts prohibited by subsection A.
D. The highway patrol,  the sheriff's office of each county and the peace officers of each city or town shall enforce this section.