Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 11 - SPECIAL USE PERMITS › Section R12-5-1101 - Policy; Use of Lands

Current through Register Vol. 30, No. 28, July 12, 2024
It is the policy of the Commissioner in the administration of
				  state lands to permit, where practical, the beneficial use thereof for special
				  purposes not specifically provided for by existing law or the rules and
				  regulations of the Land Division and the leasing of state lands. Permits for
				  such special use will not be issued, however, in any case where the provisions
				  of existing state land laws may be invoked.
The contemplated use must not be in conflict with any federal
				  or state laws.
An applicant must state in his application the use to which
				  he intends to put the lands and he will not be permitted to devote them to any
				  other use unless he secures an additional permit.
1. Qualifications of applicants. Any person
				of the age of 21 years or over, a citizen of the United States or who has
				declared an intention to become a citizen of the United States or any firm,
				association or corporation which has complied with the laws of the state, shall
				be qualified to apply for a special use permit.
2. Application for special use permit;
				renewal thereof; application fee. An application for general special use permit
				shall be made on Land Division form. Such application shall describe with
				particularity the land applied for, and shall state in detail the use to which
				the applicant intends to put the lands and the period for such use.
A renewal of a general special use permit shall be made on
				  Land Division form.
If an applicant for renewal of a special use permit has not
				  used the land for the purpose for which the initial permit was granted him, he
				  must state in detail reasons therefor unless he has obtained from the
				  Commissioner authorization in writing for such non-use as required by law and
				  these rules and regulations.
3. Form of special use permit. The form of a
				general special use permit will be prepared by the Department and will be
				subject to the provisions and supplemental conditions therein contained and the
				provisions of law and these rules and regulations.
4. Term of permit. A special use permit shall
				not be issued for a period to exceed ten years or such lesser term as may be
				established by the Commissioner if he deems such lessor term to be in the best
				interest of the state.
An application for an initial special use permit shall not be
				  approved for a period of longer than two years.
Unless it is deemed to be for the best interest of the state,
				  it is not the policy of the Department to allow and issue a special use permit
				  which will seriously interfere with the operations of an established lessee or
				  permittee holding a lease or permit from the Department to the surface or
				  subsurface rights to the land.
5. Minimum fee. No special use permit shall
				provide for an annual fee for less than appraised rental value of the land and
				in no event for less than 5¢ per acre per annum or a minimum of $10.00 per
				annum per permit.
6. Failure to use
				land for purposes authorized. Any permittee who shall fail to use the land for
				the purpose for which he holds a permit during the term of his permit, unless
				for good cause such failure has been authorized or ratified by the Commissioner
				in writing, may subject his permit to forfeiture or cancellation as provided by
				law and these rules and regulations.
7. Rights of permittee. All permits granted
				by the Commissioner are only a license or permit for the use of the land
				described in the permit for the purpose for which the permit is issued and in a
				manner compatible with the terms of said permit. The Commissioner reserves the
				right to grant other permits for the use of said lands for the removal of
				natural products therefrom. No permittee has the authority or right to issue to
				any person any right to the use of said land or the removal of any products
				therefrom, but such right of use vests solely in the Commissioner and must be
				granted by the Commissioner in writing.
8. Use of state lands. No permittee shall use
				lands under permit to him except for the purpose for which the permit is
				issued, unless authorized by the Commissioner in writing.
Applications for a special use of lands under permit to a
				  permittee for purposes other than which the permit was issued shall be made in
				  writing in triplicate, and shall state in detail the reasons for such use. The
				  application shall be signed and verified as provided for in applications for
				  permit. Upon approval of the application by the Commissioner, two copies of the
				  application with the Commissioner's approval and any limitations to such
				  approval endorsed by the Commissioner thereon will be returned by the
				  Commissioner to the permittee, one copy thereof being retained in the files of
				  the Department. Failure of any permittee to use the land for the purposes for
				  which he holds a permit, without having been authorized to do so by the
				  Commissioner in writing, may, in the discretion of the Commissioner, subject
				  said permit to forfeiture or to the cancellation as provided by law and these
				  rules and regulations.
9.
				Advertising displays on state lands without permits unauthorized. The erection
				or maintenance on state lands of advertising displays, without permission, is
				unauthorized by law. Any person erecting or maintaining one or more advertising
				displays on state lands, except under authority of a permit issued by the
				Commissioner as hereinafter provided, shall be deemed a trespasser.
10. Advertising displays defined. The words
				"advertising displays" as used in this Article shall include structures of any
				kind with or without lighting effects erected or maintained for outdoor
				advertising purposes, upon which any poster, bill, printing, painting, or other
				advertisement of any kind whatsoever, including statuary, may be placed for
				advertising purposes but shall not include:
a.
				Official notices or advertisements posted by or under the direction of any
				public or court officer in the performance of his official duties;
b. Danger, precautionary and information
				signs erected by officials of the Federal Government or officials of the state
				or any subdivision thereof, or any nonprofit organization in the state,
				relating to the premises, or warning of the conditions of travel on a highway,
				or of forest fires, or road symbols, or speed limits, and including all civil
				defense directional signs;
c.
				Highway markers or signs relating to any city, town, village or historic place
				or shrine;
d. Notice of any
				railroad, bridge, ferry, or other transportation or transmission company
				necessary for the direction or safety of the public;
e. Official signs, notices or symbols for the
				information of aviators, as to location, direction or landings, and conditions
				affecting safety in aviation;
f.
				Signs containing 16 square feet or less bearing an announcement of any town,
				village or city, or nonprofit association, or chamber of commerce, advertising
				itself, or local industries, buildings, meetings, or attractions, but not
				advertising any particular individual or corporation engaged in business for a
				profit; providing not more than one sign bearing the same or similar
				announcement shall be placed on any one approach to the city or village
				involved;
g. Signs erected by Red
				Cross authorities relating to Red Cross Emergency Station.