In 2011 the Arizona Legislature passed a “Regulatory Bill of Rights” (SB 1598) requiring municipalities to establish and adhere to time frames in a broad range of permitting processes. Under the law, cities must create an overall permitting time frame for each process, consisting of an “administrative completeness” time frame and a “substantive review” time frame. The aim of this bill was to create faster, more uniform, and more transparent processes, goals which the City of Tucson Planning and Development Services Department (PDSD) share. However, the implementation of these time frames may have unforeseen consequences.
Under the SB 1598 regulatory-limits process, the city must determine whether a permit application is complete or not during the administrative completeness time frame. If the city fails to make this determination within established time limits, the permit is deemed complete regardless of deficiencies. Similarly, during the substantive review period, an application must be denied or approved within the established time frame or the permit fee will be refunded.
The SB 1598 regulatory-limits process offers applicants very limited opportunities to supplement their application with additional material after submission. Moreover, changes to a permit application are limited to responses to a PDSD request. Development changes proposed by the applicant do not appear to be allowed. Upon proper denial, during either review period, applicants must reapply with new plans and pay another permit fee.
PDSD is committed to customer service and recognizes that applicants may not wish to be locked into formulaic
which do not provide an adequate opportunity to submit additional requested materials and desired plan changes. Thus, PDSD offers applicants the opportunity to make permit applications according to either the SB 1598 regulatory-limits process or the more flexible process City of Tucson PDSD customers are familiar with.
Under the flexible application process, applicants have multiple opportunities to alter or amend their application and to confer with city staff for advice. This allows the applicant to adjust plans based on their own changing development circumstances over time or on suggestions by staff. Additionally, applicants may alter their permit applications as many times as necessary during the process.
Applicants are encouraged to carefully consider which application process best meets their needs. Staff can explain the processes in more detail upon request as well as provide you a copy of SB 1598. The following points outline some of the highlights of each process.