Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1510 3
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By: Representative Gonzales 5
By: Senator G. Stubblefield 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING TERRITORIAL 9
JURISDICTION OF MUNICIPALITIES; TO REPEAL THE 10
AUTHORITY FOR A MUNICIPALITY TO EXERCISE TERRITORIAL 11
JURISDICTION OVER AN UNINCORPORATED AREA OF A COUNTY; 12
AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO REPEAL THE AUTHORITY FOR A 17
MUNICIPALITY TO EXERCISE TERRITORIAL 18
JURISDICTION OVER AN UNINCORPORATED AREA 19
OF A COUNTY. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code § 14 -17-208(i), concerning subdivision, 24
setback, and entry control ordinances for county planning boards, is 25
repealed. 26
(i) In unincorporated areas adjoining the corporate limits of a 27
municipality in which the authority to control the subdivision of land is 28
vested and is being exercised in accordance with and under the provisions of 29
§§ 14-56-401 — 14-56-408 and 14-56-410 — 14-56-425, or any amendments thereto 30
or thereof, or other acts of a similar nature enacted by the General 31
Assembly, the municipal authority shall have subdivision jurisdiction, but 32
shall transmit copies of proposed plats for the areas to the county planning 33
board and the board of directors of each affected school district for review 34
and comment, which shall be made to the municipal authority within sixty (60) 35
days from the time it is received by the county planning board and the board 36 HB1510
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of directors of each affected school district unless further time is allowed 1
by the municipal authority. 2
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SECTION 2. Arkansas Code § 14 -17-208(l)(1), concerning subdivision, 4
setback, and entry control ordinances for county planning boards, is amended 5
to read as follows: 6
(l)(1) Following the adoption of any subdivision, setback, or entry 7
control ordinances by the court, a plat in an unincorporated area of a county 8
not within the exercised extraterritorial jurisdiction of a municipality 9
shall not be presented for recording without the approval of the county 10
planning board. 11
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SECTION 3. Arkansas Code § 14 -38-101(b)(1)(B), concerning limitations 13
on a petition for incorporation, is repealed. 14
(B) The area in which that existing municipal corporation 15
is exercising its planning territorial jurisdiction. 16
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SECTION 4. Arkansas Code § 14 -40-208 is repealed. 18
14-40-208. Annexation of territory under municipal territorial 19
jurisdiction. 20
(a) If a municipality states its intent by resolution or ordinance to 21
annex a specifically defined territory or portion of the territory over which 22
it is exercising territorial jurisdiction under § 14 -56-413, the municipality 23
shall initiate annexation proceedings within five (5) years of the stated 24
intent. 25
(b)(1) During the five (5) years under subsection (a) of this section, 26
the municipality may continue to exercise its territorial jurisdiction under 27
§ 14-56-413, including the defined territory specified within its intent to 28
annex. 29
(2) If the municipality does not initiate annexation proceedings 30
of the territory specified within its intent to annex within five (5) years 31
of the effective date of the resolution or ordinance under subsection (a) of 32
this section, the municipality is prohibited from again exercising 33
territorial jurisdiction over the territory specified within its intent to 34
annex for the next five (5) years. 35
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SECTION 5. Arkansas Code § 14 -56-413 is repealed. 1
14-56-413. Territorial jurisdiction. 2
(a)(1)(A) The territorial jurisdiction of the governing body of a 3
municipality for the purpose of this subchapter shall not exceed the limits 4
stated under this subsection. 5
(B) If the territorial limits of two (2) or more 6
municipalities conflict, the limits of their respective territorial 7
jurisdictions shall be a line equidistant between them, or as agreed on by 8
the respective municipalities. 9
(2) In addition to the powers under this subchapter, cities now 10
having eight thousand (8,000) population or more shall have the authority to 11
administer and enforce planning ordinances outside their corporate limits as 12
follows: 13
(A) For cities of eight thousand (8,000) to sixty thousand 14
(60,000) population, the jurisdictional area will be one (1) mile beyond the 15
corporate limits; 16
(B) For cities of sixty thousand (60,000) to one hundred 17
fifty thousand (150,000) population, the jurisdictional area will be two (2) 18
miles beyond the corporate limits; and 19
(C)(i) For cities of one hundred fifty thousand (150,000) 20
population and greater, the jurisdictional area will be three (3) miles 21
beyond the corporate limits. 22
(ii) Upon July 3, 1989, no city with a population in 23
excess of one hundred fifty thousand (150,000) persons shall exercise any 24
zoning authority outside the boundaries of the county wherein it is located 25
without the approval of the quorum court of the county wherein the city is 26
not located and the approval of the governing bodies of all other cities 27
having zoning authority over the area. 28
(3) Cities having a population of eight thousand (8,000) persons 29
or less: 30
(A) Shall have a jurisdictional area that does not exceed 31
one (1) mile beyond the corporate limits; and 32
(B) Shall not exercise any zoning authority outside the 33
corporate limits. 34
(4) Cities now having an eight thousand (8,000) population or 35
more and situated on a navigable stream may administer and enforce zoning 36 HB1510
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ordinances outside their corporate limits but may not exceed the territorial 1
limits under subdivision (a)(2) of this section. 2
(5) The city populations will be based on the most recent 3
federal decennial census. 4
(b)(1) The planning commission shall designate the area within the 5
territorial jurisdiction for which it will prepare plans, ordinances, and 6
regulations. 7
(2) A description of the boundaries of the area shall be filed 8
with the city clerk and with the county recorder. 9
10
SECTION 6. Arkansas Code § 14 -56-417(c), concerning the regulations to 11
control development of land, is repealed. 12
(c) A plat within the area within which the municipality intends to 13
exercise its territorial jurisdiction as indicated on the planning area map 14
shall not be presented for recording without the approval of the planning 15
commission, if a planning commission exists. 16
17
SECTION 7. Arkansas Code § 14 -56-422(5)(B), concerning adoption of 18
plans, ordinances, and regulations for municipal planning, is repealed. 19
(B) The city clerk shall file the plans, ordinances, and 20
regulations as pertain to the territory beyond the corporate limits with the 21
county recorder of the counties in which territorial jurisdiction is being 22
exercised. 23
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SECTION 8. Arkansas Code § 14 -284-207(a), concerning a quorum court's 25
establishment of a fire protection district service area, is amended to read 26
as follows: 27
(a)(1) The quorum court of each county in which a fire protection 28
district is located shall establish the service area of the fire protection 29
district. 30
(2) The service area of a fire protection district created after 31
January 1, 2021, shall not include any area within the territorial 32
jurisdiction of the governing body of a municipality as established in § 14 -33
56-413 that has adopted an ordinance to provide fire protection services to 34
the area in accordance with § 14 -53-102, unless waived by majority vote of 35
the governing body of the municipality. 36 HB1510
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1
SECTION 9. Arkansas Code § 17 -28-305(b)(3), concerning the local 2
regulatory authority of the licensing of electricians, is repealed. 3
(3) If the city has adopted an ordinance to exercise its 4
territorial planning jurisdiction, the city may exercise jurisdiction over 5
the construction, installation, and inspection of electrical work within the 6
city's territorial planning jurisdiction under § 14 -56-413 if the city and 7
county agree to the exercise of jurisdiction by the city over electrical work 8
within the city's territorial planning jurisdiction. 9
10
SECTION 10. Arkansas Code § 18 -15-1702(6), concerning definitions for 11
the Private Property Protection Act, is repealed. 12
(6) “Territorial jurisdiction” means the territorial jurisdiction 13
of a municipality as described in § 14 -56-413. 14
15
SECTION 11. Arkansas Code § 18 -15-1703(e)(15), concerning the 16
application of takings under the Private Property Protection Act, is 17
repealed. 18
(15) An action by a municipality unless the regulatory program 19
has effect in the territorial jurisdiction of the municipality, excluding 20
annexation, and that enacts or enforces a regulatory program that does not 21
impose identical requirements or restrictions in the entire territorial 22
jurisdiction of the municipality. 23
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