By Ethan Faverino |
The Goldwater Institute put the City of South Tucson on notice for alleged non-compliance with Arizona’s Permit Freedom Act, a 2023 law designed to streamline government permitting processes and protect citizens from arbitrary bureaucratic delays and decisions.
In a formal letter on March 13, 2026, addressed to Mayor Roxanna Valenzuela, Goldwater Institute Staff Attorney Parker Jackson reminded city officials of their obligations under the Act (codified at A.R.S. § 9-843).
The letter highlights the city’s handling of a permit application from businessman Marv Kirchler for a billboard near I-10. Despite initial approval from the city’s Planning and Zoning Commission, the city has refused to grant the permit, prompting the group’s intervention.
The Permit Freedom Act requires municipalities to:
- Specify permit criteria in “clear and unambiguous language” for activities affecting land use, appearance, or density.
- Process complete applications within 60 days, after which the application is deemed approved if no decision is made.
- Provide proper notice of application completeness or deficiencies, adhere to statutory timelines for reviews, and include specific details in denial notices.
The Act also states that cities print notices of these protections on permit applications and comply with related statutes like A.R.S. §§ 9-495, 9-834, and 9-835. Failure to follow these rules can result in automatic permit approval, fee refunds in certain cases, and exposure to litigation.
The Goldwater Institute’s letter points out apparent shortcomings in South Tucson’s processes, including potential non-compliance with notice requirements on its new Permit Portal, which became effective March 2, 2026. It warns that ongoing violations could lead to automatic approval of Mr. Kirchler’s application.
Since its passage, the Permit Freedom Act has been credited with significantly reducing permit timelines, improving objectivity in criteria, and easing backlogs across Arizona. This action underscores broader concerns about government overreach in land-use permitting, which has long frustrated property owners, developers, and businesses. The U.S. Supreme Court has recognized the need to curb “the uncontrolled will of an official” to protect constitutional rights, including property use.
The Goldwater Institute emphasized that the dispute with South Tucson is not isolated but reflects the importance of full statewide compliance nearly three years after the law’s enactment. The organization vowed to continue holding officials accountable and advocating for similar reforms nationwide.
Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.
