Phoenix, Arizona
agricultural
composting
Prohibits a city, town or county from adopting a regulation or ordinance that would restrict or regulate agricultural composting activities. Additionally prohibits cities and towns from restricting or regulating the continued use of land for existing general agricultural purposes.
Compost is the product of a managed agricultural process through which microorganisms break down plant and animal materials into more available forms suitable for application to the soil. Compost must be produced through a process that combines plant and animal materials within a specific carbon/nitrogen ratio range.
Cities and towns have the authority to adopt ordinances to regulate various activities and uses of the land. Counties are granted specified authority by the state to regulate land uses. Current law allows cities and towns to regulate the use of buildings, structures and land for agriculture, residential, industry, business and other purposes. For counties, current law prohibits a county from adopting an ordinance that would regulate existing property uses and use of land for railroads, mining, grazing, or agriculture purposes. H.B. 2442 stipulates that cities, towns and counties may not restrict or regulate agricultural composting. In addition, cities and towns are precluded from restricting or regulating existing uses of land for general agricultural purposes.
There is no anticipated fiscal impact to the state general fund associated with this legislation.
1. Prohibits an incorporated city or town from adopting a regulation or ordinance that would prohibit, limit or regulate the use of land for existing general agricultural operations, including agricultural composting.
2. Requires agricultural composting operations to notify the governing body of the city, town or county in which they are located and to notify the nearest fire protection station.
3. Specifies under the regulatory prohibition on cities and towns that composting includes both the composting of materials generated either all or in part by agricultural activity on the land and composting of materials that will be used on the land.
4. Defines agricultural composting as the product of a managed process that is conducted as an extension of the primary agricultural operation at the site.
5. Includes “composting of materials” as part of general agricultural purposes as it relates to the prohibition on counties regulating or restricting the use of land for general agricultural purposes.
6. Protects the same agricultural composting activities as under the regulatory prohibition on cities and towns except that the composting may only include materials that are entirely generated by agricultural activity on the land.
7. Makes a technical change.
8. Provides for a general effective date.