Supervisors to consider 'opt-out' recognition; staff and supervisors request work session on opt-out community impacts

5870002 ยท October 2, 2025

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Summary

The board advanced an opt-out month proclamation acknowledging Cochise County's 'opt-out' building-permit program; supervisors requested an expanded work session to examine code compliance, insurance, inspections, land purchases and community impacts before finalizing language and public outreach.

The Cochise County Board of Supervisors discussed a proclamation recognizing an "opt-out" community month and requested a more detailed work session before the proclamation is finalized at the regular meeting. County staff provided a draft proclamation that acknowledges the opt-out program while reiterating that property owners must comply with applicable county building safety code, zoning and floodplain regulations. Why it matters: supervisors said the proclamation's wording could unintentionally invite people to occupy land without services, create public-safety or sanitation problems, or raise questions about county liability and enforcement. Supervisors asked staff to schedule a work session that would include planning and zoning, code compliance, the county attorney, and stakeholders from opt-out communities to clarify requirements and outreach. Details: during the work session supervisors raised several concerns they want the staff to address before final action: limits on local authority regarding property purchases and re-zoning, the number of inspections and resulting potential costs, insurance implications for residents outside fire districts, and misunderstandings that opt-out status allows a recreational vehicle to be used as a principal dwelling. Staff stated the proclamation would include a clause requiring compliance with Cochise County building safety code, zoning regulations, floodplain rules and applicable statewide codes, and that an informational packet is provided to opt-out applicants. Status and next steps: staff will update the proclamation language to explicitly state code compliance and add the requested clarifications to the packet and will hold a separate work session to explore insurance, inspections, and land-acquisition issues tied to opt-out properties. Supervisors indicated the proclamation can be placed on the regular meeting agenda once these clarifications are included.