INCORPORATION IN URBANIZED AREAS
There are certain unincorporated areas that must meet additional requirements before they can be incorporated.13 The conditions are above and beyond the legal requirements of population and community. Such areas are located in urbanized areas surrounding existing cities and towns. Specifically, the law states that no territory may be incorporated, unless certain conditions are met, if it is located within:
1. Six miles of an incorporated city or town having a population of 5,000 or more; or within
2. Three miles of an incorporated city or town having a population of less than 5,000 as shown by the most recent Federal census.14
The county board of supervisors does not have jurisdiction to take action upon a petition for incorporation in an urbanized area unless each city or town within the three or six mile vicinity has passed a resolution approving the proposed incorporation.
13City of Tucson v. Pima County, 199 Ariz. 509, 19 P.3d 650 (App. 2001); see City of Tucson v. Woods, 191 Ariz. 523, 959 P.2d 394 (App. 1997)(regarding constitutionality of six mile/three mile rule).
14A.R.S. § 9-101.01.
