Ariz. Rev. Stat. » Title 41
Arizona Revised Statutes

Ariz. Rev. Stat. § 41-1493.03 (2026)

Free exercise of religion; land use regulation

✓ current as of May 2026
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41-1493.03. Free exercise of religion; land use regulation

A. Government shall not impose or implement a land use regulation in a manner that imposes an unreasonable burden on a person's exercise of religion, regardless of a compelling governmental interest, unless the government demonstrates one of the following:

1. That the person's exercise of religion at a particular location violates religion-neutral zoning standards enacted into the government's laws at the time of the person's application for a permit.

2. That the person's exercise of religion at a particular location would be hazardous due to toxic uses in adjacent properties.

3. The existence of a suitable alternate property the person could use for the exercise of religion.

B. Government shall not impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution, regardless of a compelling governmental interest.

C. Government shall not impose or implement a land use regulation in a manner that discriminates against an assembly or institution on the basis of religion, regardless of a compelling governmental interest.

D. Government shall not impose or implement a land use regulation in a manner that completely excludes a religious assembly or institution from a jurisdiction or unreasonably limits religious assemblies, institutions or structures within a jurisdiction, regardless of a compelling governmental interest.

 

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2011–2024 · leading case: Centro Familiar Cristiano Buenas Nuevas v. City of Yuma, 651 F.3d 1163 (9th Cir. 2011).
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Centro Familiar Cristiano Buenas Nuevas v. City of Yuma, 651 F.3d 1163 (9th Cir. 2011). · cites it 2× “Ariz.Rev.Stat. § 41-1493.03 (2010). 10 . Ariz.”
Henry v. Somerton, City of (D. Ariz. 2021). · cites it 6× “The facts show that the Ordinance’s CUP requirement 3 violated § 41-1493.03. The Court will enter judgment for this Claim in Plaintiffs’ favor.”
Divine Grace Yoga Ashram Inc. v. Yavapai, Cnty. of (D. Ariz. 2022). · cites it 2× “FERA’s land 12 use provisions, A.R.S. § 41-1493.03, were passed in 2010, and no Arizona Court has yet 13 interpreted or applied them.”
Gethsemani Baptist Church v. San Luis, City of (D. Ariz. 2024). · cites it 2× “27 In addition to the federal claims, Plaintiff alleges claims under Arizona’s free 28 exercise of religion and land use regulation statute, A.R.S. § 41-1493.03. The Court does 1 not have sufficient evidence to dismiss these claims and, as such, denies the Motion to 2 Dismiss…”
Ariz. Rev. Stat. § 41-1493.03(B): 1 case
Henry v. Somerton, City of (D. Ariz. 2021). “The facts show that the Ordinance’s CUP requirement 3 violated § 41-1493.03. The Court will enter judgment for this Claim in Plaintiffs’ favor.”
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