Frequently Asked Questions
Agriculture Leases
The Agricultural Lease Program maintains the administration of leases and permits for Agricultural uses on State Trust lands.
What is the length of an agriculture lease? Are lease agreements available for more than 10 years?
State Trust land can be leased for agriculture (farming) for a maximum of ten years, per the Arizona Constitution. There are certain instances where a lease may be limited to five-year terms due to possible development of the land.
When are lease payments due?
Agriculture lease payments are due in advance, by February 15th of each year. Late payments are subject to penalty and interest per statute and cannot be waived. Invoices will be mailed at least 30 days in advance of the due date.
Are improvements and/or dwellings allowed on leased agriculture land?
Generally, improvements associated with the production of crops such as wells, irrigation systems, etc., are allowed with prior consultation and approval from ASLD. Improvements may be classified as reimbursable or non-reimbursable, depending on the type of improvement. An Application to Place Improvement must be filed and approved prior to beginning any work.
Permanent dwellings are generally not allowed on State Trust land.
Applications & Permits
ASLD Applications and Permits are available here.
Where can I purchase a Recreational Permit?
Individual and Family Recreational Permits are available here. More information on Recreational Permits is available here.
Commercial Real Estate
How are auctions conducted?
Interested bidders may refer to the official auction notice regarding the terms of the sale or lease. Auctions may be live, verbal auctions conducted by an auctioneer, or a sealed bid, as stated in the auction notice. A cashier's check for the amount specified in the auction notice must be presented to the designated real estate staff before the auction begins. The successful bidder must pay the amount specified in the auction notice by a cashier's check. The auction notice sets for the terms and conditions of sale or lease, broker registration information, reimbursements, etc. The minimum bid is the appraised land value and the minimum bidding increments are set forth in the auction notice. bidding continues until a successful bidder is declared.
Is it necessary to contact ASLD when developing land adjacent to State Trust land?
ASLD is not a development permitting agency; however, as a landowner and manager of over 9 million acres statewide, we always appreciate receiving a courtesy review copy of any development plans or engineering reports for neighboring property that may impact drainage, access or provision of utilities to State Trust land.
I own or am thinking of purchasing land that is adjacent to State Trust land. How can I find out the future plans for the development of the State Trust property?
Arizona State Trust lands are managed to obtain their highest and best use and to maximize their financial return to the State Trust beneficiaries. This means that individual parcels may remain undeveloped, sold for development, leased for commercial, agricultural, grazing or mineral uses, or be open for approved activities under a recreational or special use permit. To see if lands are leased, you can visit ASLD's Parcel Viewer and click on the parcel in question. Parcels shown in the Parcel Viewer's default "Trust Parcels" layer are designated with a solid color fill if they are currently under lease. Additional land use information, including mineral leases, is available by clicking on the layers box on the upper right corner.
State Trust lands that are ready for development, as evidenced by adjacent urban or suburban-density development and the planned or existing extension of water and wastewater facilities, can be subject to an application to sell or commercially leased and must be disposed via a public auction. Those parcels can be found on our auction schedule.
The eventual development of State Trust land is subject to planning and zoning regulations of the local jurisdiction. To better understand the long-term outlook for any undeveloped land around your property, it is best to consult your city or town's General Plan, or in unincorporated areas, your county's Comprehensive Plan to learn what land uses are anticipated. Your city, town, or county planning or community development department may also have staff that can assist you with their General or Comprehensive Plan or similar long-range planning documents.
Off-Highway Vehicles (OHV)
Where can I find more information on operating Off-Highway Vehicles on State Trust land?
Off-highway vehicle (OHV) recreation is one of the most popular recreational activities taking place on state lands in Arizona. Arizona Game & Fish Department, Arizona State Parks & Trails, and Arizona Department of Transportation's Motor Vehicle Division are our sister agencies responsible for the management of this program. Please refer to their websites, linked below, for information including trails & places to ride, decal requirements, rules & regulations, and much more.
Resident OHV Decal
Arizona residents can purchase an OHV decal for $25 (plus a processing fee) through the Arizona Department of Transportation's Motor Vehicle Division (MVD) offices statewide, an authorized third-party MVD service provider or online at www.servicearizona.com.
Non-Resident OHV Decal
As of September 1, 2019, the State of Arizona requires non-residents wanting to operate their OHV within the state to purchase a non-resident OHV decal. The decal must be purchased prior to riding an OHV within the state. The non-resident OHV decal costs $25 (plus a processing fee) and is valid one year from the date of purchase. This decal can only be purchased online through an Arizona Game and Fish Department portal account. The decal will not be sold at Arizona Game and Fish Department offices.
Additional Information
Arizona Game & Fish Department, Arizona State Parks & Trails, and Arizona Department of Transportation's Motor Vehicle Division are our sister agencies responsible for the management of this program. Please refer to their websites, linked below, for information including trails & places to ride, decal requirements, rules & regulations, and much more.
Arizona Game & Fish Department OHV Information Page
Arizona State Parks & Trails OHV Program Information Page
Arizona Department of Transportation - Motor Vehicle Division OHV Decal Page
Do I need a Recreational Permit to operate an OHV on State Trust land?
While the OHV Decal authorizes users to traverse State Trust land on existing roads and trails, it does NOT permit holders of an OHV Decal to recreate, stage or park on Trust land without a Recreational Permit. Learn more about Recreational Permits here.
Natural Resources
What is Open Range?
This question is frequently asked by motorists involved in automobile accidents with livestock on a roadway, or by owners of private land in rural subdivisions whose ornamental plants are eaten by livestock from adjoining State Trust grazing land.
A motorist who has been involved in an accident and wants to know if a location is "open range" should contact the County Board of Supervisors. The Board of Supervisors is the entity that has the authority to designate No-Fence Districts. If an area is not within a No-Fence District, it is open range. The Board of Supervisors keeps the records for such designations.
Recreational Permits
What are the different types of Recreational Permits & how do I obtain them?
Individual Permits are $15 and can be purchased here. They are provided to one individual and expire one year from the date they are issued. Permit holders are allowed day use access on State Trust land for an unlimited number of days throughout the duration of their permit. However, overnight camping is limited to a total of 14 cumulative days per calendar year.
Family Permits are $20 and can be purchased here. They are provided for two adults plus any children residing in the same household who are under 18 years of age and expire one year from they date they are issued. Permit holders are allowed day use access on State Trust land for an unlimited number of days throughout the duration of their permit. However, overnight camping is limited to a total of 14 cumulative days per calendar year.
Small Group Permits are $15 and can be purchased here. They are provided for groups of 19 people or less who complete the Small Group Permit application and provide names of all individuals covered under the permit. They expire 5 days after the date of the small group's gathering. This permit does not allow any competitive or commercial activities on State Trust land.
Large Group Permit Applications may be submitted for review with a non-refundable application fee of $300 and can be accessed here. Please note that this is an application process which will require Agency approval prior to a permit being issued. The application process is for groups of 20 or more, or for smaller groups who wish to engage in commercial or competitive activities on State Trust land. Applicants must receive approval from ASLD's Commercial Lease Section. This process is complex and may take up to 90 days for decision to approve or deny. An additional Permit Fee will be required, should the application be approved. It is advisable to speak with the Commercial Leasing Section prior to submitting an application. You may contact them directly through our Public Inquiry Page, located here.
Why do I need a Recreational Permit to be on State Trust land?
Arizona State Trust lands are different than "public lands" which are common within State Parks and Federal lands. State Parks and Federal lands are managed for the benefit and use of the public, while Arizona State Trust lands are managed for the benefit of the 13 Trust beneficiaries. The Land Department's Trust management responsibilities include requiring a permit or lease and charging a fee for the use of Trust land. Exceptions to this requirement are licensed hunters and anglers, actively pursuing game or fish, in season.
What does my Recreational Permit allow me to do on State Trust land?
A Recreational Permit allows the authorized permittee limited privileges to use State Trust land for some recreation. Recreation under this permit is limited to: geocaching, hiking, horseback riding, picnics, bicycling, photography, sightseeing and bird watching. Overnight camping is restricted to no more than 14 cumulative days per year. Remote-controlled aircraft (drones) may be operated on State Trust land with a Recreational Permit and in conjunction with applicable local, state, and federal regulations.
Off-Highway Vehicular (OHV) travel on State Trust land is permitted with proper licensing, and is only allowed on existing roads or trails. The OHV Decal authorizes users to traverse State Trust land on existing roads and trails, however it does NOT permit holders of an OHV Decal to recreate, stage or park on Trust land without a Recreational Permit. For more information on Off-Highway Vehicle Recreating, please visit our sister agency's website: Arizona Game & Fish Department OHV Information Page.
A "Recreational Use Permit" is temporary and revocable and does not permit commercial, competitive or large group events. In most cases, lands leased for agriculture, mining, commercial, or military purposes are not open to recreational use. Other State Trust lands may be closed to some or all recreational uses due to hazardous conditions, dust abatement, in coordination with the Arizona Game & fish Department, or based on certain local, state, and federal laws or ordinances.
What is the penalty for trespassing on State Trust lands without a valid recreational permit?
Failure to obtain a valid Recreation Permit before entering State Trust land, or violating the terms and conditions of an issued Recreational Permit, may result in criminal misdemeanor charges for trespassing on Trust land.
Which law enforcement agencies have jurisdiction while I'm on State Trust land?
Law Enforcement authority may include, but is not limited to State, County, City or Town Law Enforcement Officers who have jurisdictional authority. As a reminder, permit holders must comply with all lawful orders of a Law Enforcement Officer, given in performance of their official duties, while on Trust land. Further, a recreational permit is conditional on compliance with the directives of Arizona State Land Department staff, while given in performance of their official duties. Failure to do so will automatically invalidate a recreational permit and may be cause for a trespass violation on Trust land.
Why would some State Trust land be closed for access?
Lands leased for agriculture, mining, commercial, or military purposes are not open to recreational use. Other Trust lands may be closed to some or all recreational uses due to hazardous conditions, dust abatement, in coordination with the Arizona Game & Fish Department, or based on certain State, County or Local laws or ordinances.
Solar Applications
Is State Land available for solar energy projects?
Yes, there are presently solar energy projects on State Trust Land and applications for solar projects are accepted.
How do you make an application?
Application submission is an online process where you provide your contact information within our web site and an account will be created for you. When you log into your account you will be able to file an application for a long-term commercial lease for your project.
What is the application fee?
The application fee for a long-term commercial lease is $2,000.00.
Can I purchase land for a solar energy project?
The Arizona State Land Department (ASLD) only offers long term commercial leases for solar energy projects. Solar energy projects require large parcels typically in non-urban locations. ASLD holds this type of property as its value increases and concentrates its sales on urbanized lands that have reached significant market value.
What if there is an existing lease on the property?
ASLD gives much consideration to existing Lessee and endeavors to reach an amicable solution. ASLD manages State Trust Land, which is held in trust for its beneficiaries, primarily education of kindergarten through 12th grade. Because ASLD is responsible for generating income for the Trust it sometimes has to give preference to a use that will generate a superior income for the property in which case a portion of an existing lease may need to be relinquished.
What about improvements existing on the property?
Improvements under an existing lease that will be replaced with a solar lease will be appraised at present value in present condition and will be reimbursed to the existing Lessee for that appraised value upon auctioning the solar lease.
Do you lease land for a gen tie?
ASLD issues rights of way across State Trust Land to provide access and interconnection.
What is the leasing process?
After filing an application, ASLD will prepare a title report and management will evaluate the application based upon various location and parcel characteristics. ALD will request 3 items of due diligence, an ALTA Survey, a Phase I Environmental Site Assessment, and a Cultural Resource Study. You will be sent a copy of our model solar lease. When the reports have been submitted and approved an appraisal will be ordered. After the parcel size and value have been established, a lease rate can be determined. The project will be presented to the ASLD Board of Appeals and when approved an auction for the lease will be scheduled allowing for a minimum 10 week advertising period. The day of auction will be the commencement date of the lease.
Can I get my own appraisal?
ASLD will contract for the appraisal with a State of Arizona certified general real estate appraiser.
How long does it take to lease the land?
There can be factors that accelerate or burden the timing of the process but in general the timing is approximately 14 months.
Why does the land need to go to auction?
ASLD was formed pursuant to State statute to manage State Trust Land and has a fiduciary duty to the Trust. Additionally, State statute stipulates that no land will be sold or leased in excess of 10 years without conducting a public auction.
How long is the term of lease?
The lease term is determined between the Applicant and ASLD. Solar leases have typically been written for 30 years. ASLD includes options to renew in the model lease form.
What is the rent for the land?
Rent is determined by percentage of appraised land value. After the commercial sale of electricity begins there is an addition to the rent of a capacity fee which is based upon megawatt name plate value.
Is the land zoned for solar?
Because the land is typically in outlying locations, it is not zoned for solar energy by the local jurisdiction.
Have you identified locations for solar energy projects?
ASLD has not chosen locations but has a layer on its publicly available mapping system that can quickly educate an applicant on suitability of a State Trust Land parcel for solar development. Various assumptions such as access, interconnection, hydrology, slope, vegetation etc. are input and our GIS system applies the parameters to each parcel of State land.
When do we have to start paying?
The first year of rent is the opening bid at the auction and the lease begins the day of auction.
Is there a development period allowing for reduced rent?
There is no development period rent rate.
What happens at lease expiration?
The lease calls for removal of the solar improvements upon lease expiration. A reclamation bond is required by ASLD to assure removal.
Can we extend the lease period?
Lease extensions can be written into the lease in the form of options to extend but once the lease has been auctioned, we are bound to the original terms.
What if we can’t get entitlements?
The form of lease includes clauses to address this issue and the lease is terminable under certain conditions.
Can we make a partial assignment of the lease?
The lease can be assigned in total but can not be split and partially assigned between entities. The lease can be subleased.
Water Resources
What is a water auction?
A water auction is the process to obtain an agreement allowing the pumping of water from State Trust land to be used off State Trust land. Additional instruments such as a Right of Way, Commercial Lease, etc., may be required in addition to the water agreement to move water off State Trust land.
How do I apply for a water auction?
You may apply for a water auction here.
Can I use groundwater withdrawn from State Trust land off State Trust land?
Yes, if you have a water agreement with ASLD. To obtain a water agreement, you must be the successful bidder at a water auction. Water auctions are held through an application process. You will have to complete a water auction application to begin the process.
Rain/flood water is flowing onto my property from adjacent State Trust lands. What can you do to help fix this problem?
Downstream properties are responsible for accepting historic offsite drainage onto their property in their historic location and flow. This is the case for private properties that are adjacent to undeveloped State Trust land. Generally, rain or floodwater issues are best addressed by contacting your city, town, or county engineer or floodplain administrator. General information is also available from the Arizona Department of Water Resources. They can be contacted via email at [email protected](link sends e-mail), by calling 602.771.8657, or through their website.