1. 1. Whether the development is subject to any known flooding or drainage problems and a letter bearing the signature and seal of a professional civil, municipal, or county engineer, or county flood district detailing the drainage conditions and flood hazards. The letter shall include the effect of any flood plain and its location, the effect of a 100 year frequency storm, and whether flood insurance is required.
2. 2. Whether the development lots are subject to subsidence or expansive soils. If subsidence or expansive soils exist, a professional engineer’s letter addressing the effects of the condition, remedies, and a buyer’s on-going responsibilities in plain language;
3. 3. A description of the existing and proposed land uses in the vicinity of the development that may cause a nuisance or adversely affect lot owners, such as freeways, airports, sewer plants, railroads, and canals, including a description of all current and proposed adjacent land uses.
4. 4. A description of any agricultural activity or condition in the area that may adversely affect a lot owner, including any odors, cultivation and related dust, agricultural burning, application of pesticides, or irrigation and drainage;
5. 5. Whether the development lots are subject to any known geological or environmental condition that would or may be detrimental to a purchaser’s health, safety, or welfare; or
6. 6. Whether the development lots are located within the boundary of a federal, designated Superfund site or a state designated Water Quality Assurance Revolving Fund site.

The applicant shall state, or include as applicable, the disclosure of any known material facts which may include:

Historical Note

Section R4-28-A1203 adopted by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1). Amended by final rulemaking at 31 A.A.R. 4267 (November 7, 2025), effective December 13, 2025 (Supp. 25-4).