9-810. State preemption; utilities; restrictions; prohibition; limitation; definition
244 words·~1 min read·
/az/title-9/9-810A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. A person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service is not subject to further regulation by a municipality pursuant to this section.
B. Any code, ordinance, land use regulation or general or specific plan provision or part of a code, ordinance, land use regulation or general or specific plan provision adopted by a municipality may not prohibit or have the effect of restricting a person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service at a person's or entity's property.
C. A municipality may not impose a fine, penalty or other requirement that has the effect of restricting a utility provider's authority to operate or serve customers.
D. This section does not affect any authority of a municipality to manage the public highways within the municipality's boundaries or to exercise the municipality's police powers to review and approve an application before issuing a permit to perform work in the public highways or to enforce associated permit conditions.
E. This section does not affect any authority of a municipality to manage or operate a municipally owned utility.
F. For the purposes of this section, "utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.