Ariz. Admin. Code § R17-3-507 - Review Procedures

A. The Department shall conduct an administrative completeness review and substantive review of an application for an encroachment permit under A.R.S. §§ 41-1072 through 41-1077 and A.A.C. R17-1-102.

B. The Department shall decide whether to grant an encroachment permit based solely on the documents and information before the Department.

C. Decision.

1. The Department shall approve an encroachment permit if:

a. The proposed encroachment use is lawful,

b. The applicant provides complete and accurate information,

c. The proposed encroachment use qualifies under R17-3-502(B), and

d. The applicant agrees to comply with the Department's requirements as set out in the permit.

2. The Department shall deny an encroachment permit application if:

a. The proposed encroachment use is unlawful,

b. The applicant provides incomplete or inaccurate information,

c. The proposed encroachment use does not qualify under R17-3-502(B), or

d. The permittee disagrees with the requirements in the permit.

3. An applicant may appeal the Department's denial decision on an encroachment permit application as prescribed in R17-3-509.

Notes

Ariz. Admin. Code § R17-3-507

New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).