A Wash Is a Wash Is a Wash; Not So Quick

I was recently working with a young couple looking for a property in the Tanque Verde Valley on which to build their first home.  After exploring many neighborhoods and walking lots of land, we came across a 5-acre parcel in the Horse Head Road area.
It was a richly vegetated property with all varieties of cacti, some Palo Verdes and Mesquites as well. The views of the Catalina Mountains were quite spectacular. The land was behind an unmanned gate, was in their price range, and also provided the privacy and “elbow room” they sought. It met many – if not all – of their desired criteria.
There was one thing, however, that caused some hesitation: A narrow yet obvious wash on the east side of the parcel.
The Wash
Now, this wash seemed very well defined by a sandy bottom, distinctly thicker vegetation, a defined bank on either side and didn’t seem very large. Upon looking at the Pima County GIS site, we determined that there was a suggested 25 foot building set back from it.
The position of the wash on the property didn’t seem to prevent them from building what they wanted; a home and several outbuildings including a shop and artist studio. Everything looked fine – that is until we also realized that, upon further review, this particular vacant parcel was pretty much entirely designated as Riparian Habitat by the County, more particularly as Xeroriparian B land.
The questions (and red flags) started to arise. 
  • Can the whole property still be used?
  • What can be built in a Riparian area?
  • What does that ‘B’ designation mean?
  • Are there special requirements and setbacks?
  • Is this going to add time and money to the development process?
  • Will flood insurance be necessary?
All of a sudden, it seemed they would have to continue their search for a great home site. These questions had to be answered.
What is a “wash”?
Many people, including some real estate agents, use the term “riparian land” interchangeably with a “wash,” “wash land,” an “arroyo” or a “drainage area.” Any area that carries water is considered by some to be a riparian area or land.
However, let’s dispel that myth right now. These terms carry very different meanings and describe different hydrologic conditions.
Fortunately for my clients, I knew I didn’t have all the answers and that we needed to turn to an expert to give us a thorough and practical explanation of what this riparian designation meant and whether the land would still satisfy this client’s wants and needs.
Also fortunately, and more importantly, about 90 days before I had taken on a newly licensed real estate agent to work part time with me: Patricia Gilbert.
Over the last 20 years, Patricia has worked for the City of Tucson and later for Pima County in the hydrology field. She is currently the Principal Hydrologist in charge of riparian habitat compliance for the Pima County Flood Control District. She has a wide ranging knowledge of drainage, floodplain, and all hydrologic conditions prevalent in Pima County.
Notwithstanding, the fact that we are now associates in the vacant lot and land business, she is the “go to” person at the County to assist with these issues. I’m happy to report that with a great deal of Patricia’s help, we were able to answer all of the client’s questions and concerns, They have just completed the purchase of this property to their great joy.
As a benefit to readers of my blog, Patricia has kindly agreed to be the guest author of the next few posts and will detail the important definitions, features, considerations, and practical implications of developing property within a riparian habitat designation.
On a personal note, I am happy and excited about her joining my business. I welcome her professional knowledge and look forward to working together to provide new land clients unsurpassed service and expertise in the Tucson metropolitan area.

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