ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

County Building Codes and Flood Control
Arizona Mining Permitting Guide
PERMITS, AUTHORIZATIONS OR FILINGS:
Flood Control Permits, Building Codes
LEGAL AUTHORITY:
A.R.S. § 11-830
A.R.S. § 48-3601 - § 48-3627
Federal Executive Order 11-988
CONDITIONS REQUIRING PERMITS, AUTHORIZATIONS OR FILINGS:
Building Codes: Generally no permits are required, unless operations or buildings are
established on a property different from the mine.
Flood Control Permits: According to Executive Order 11-988 and A.R.S. § 48-3601- § 48-
3627
All federally funded projects or private projects on federal lands must use proper floodplain
management techniques. The authority to ensure that suitable techniques are used has been
delegated to county flood control districts. Mines proposed for floodplains must be reviewed
by the flood district. Operations allowed will be notified in writing that the mode of operation
proposed is not detrimental or incompatible with local flood control.
EXEMPTIONS:
Building Codes: Arizona Statute 11-830 severely limits the ability of counties to regulate
mining. This statute excludes mines from county building codes if the use or occupancy
involves a commercial tract of five acres or more. Since mining claims are tracts of 20 acres,
most counties do not enforce building codes on mining claims regardless of the actual size of
the operation.
Some aspects of building safety such as electrical hook-up and elevator inspections amongst
others are regulated by the State Mine Inspector. Please refer to the Mine Health and Safety
section (Section 12) under state regulatory requirements for more information.
Yavapai County, a notable exception, requires mining operators to complete a “Use
Exemption Packet for Mining and Metallurgical Projects.” This packet is then reviewed by
the Chief Zoning Inspector and approved or denied based on the criteria for a mining
exemption.
FEES:
Varies - consult the county where operations are proposed.
AVERAGE PROCESSING TIME:
Varies - consult the county where operations are proposed.
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