Arkansas 2025 Regular Session

Arkansas House Bill HB1510 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 314 of the Regular Session
3	2		SSS123 02/17/2025 3:35:42 PM SSS123
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 HOUSE BILL 1510 3
7	6		4
8	7		By: Representative Gonzales 5
9	8		By: Senator G. Stubblefield 6
10	9		7
11	10		For An Act To Be Entitled 8
12	11		AN ACT TO AMEND THE LAW CONCERNING TERRITORIAL 9
13	12		JURISDICTION OF MUNICIPALITIES; TO REPEAL THE 10
14	13		AUTHORITY FOR A MUNICIPALITY TO EXERCISE TERRITORIAL 11
15	14		JURISDICTION OVER AN UNINCORPORATED AREA OF A COUNTY; 12
16	15		AND FOR OTHER PURPOSES. 13
17	16		14
18	17		15
19	18		Subtitle 16
20	19		TO REPEAL THE AUTHORITY FOR A 17
21	20		MUNICIPALITY TO EXERCISE TERRITORIAL 18
22	21		JURISDICTION OVER AN UNINCORPORATED AREA 19
23	22		OF A COUNTY. 20
24	23		21
25	24		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
26	25		23
27	26		SECTION 1. Arkansas Code § 14 -17-208(i), concerning subdivision, 24
28	27		setback, and entry control ordinances for county planning boards, is 25
29	28		repealed. 26
30	29		(i) In unincorporated areas adjoining the corporate limits of a 27
31	30		municipality in which the authority to control the subdivision of land is 28
32	31		vested and is being exercised in accordance with and under the provisions of 29
33	32		§§ 14-56-401 — 14-56-408 and 14-56-410 — 14-56-425, or any amendments thereto 30
34	33		or thereof, or other acts of a similar nature enacted by the General 31
35	34		Assembly, the municipal authority shall have subdivision jurisdiction, but 32
36	35		shall transmit copies of proposed plats for the areas to the county planning 33
37	36		board and the board of directors of each affected school district for review 34
38	37		and comment, which shall be made to the municipal authority within sixty (60) 35
39	38		days from the time it is received by the county planning board and the board 36 HB1510
40	39
41	40		2 02/17/2025 3:35:42 PM SSS123
42	41		of directors of each affected school district unless further time is allowed 1
43	42		by the municipal authority. 2
44	43		3
45	44		SECTION 2. Arkansas Code § 14 -17-208(l)(1), concerning subdivision, 4
46	45		setback, and entry control ordinances for county planning boards, is amended 5
47	46		to read as follows: 6
48	47		(l)(1) Following the adoption of any subdivision, setback, or entry 7
49	48		control ordinances by the court, a plat in an unincorporated area of a county 8
50	49		not within the exercised extraterritorial jurisdiction of a municipality 9
51	50		shall not be presented for recording without the approval of the county 10
52	51		planning board. 11
53	52		12
54	53		SECTION 3. Arkansas Code § 14 -38-101(b)(1)(B), concerning limitations 13
55	54		on a petition for incorporation, is repealed. 14
56	55		(B) The area in which that existing municipal corporation 15
57	56		is exercising its planning territorial jurisdiction. 16
58	57		17
59	58		SECTION 4. Arkansas Code § 14 -40-208 is repealed. 18
60	59		14-40-208. Annexation of territory under municipal territorial 19
61	60		jurisdiction. 20
62	61		(a) If a municipality states its intent by resolution or ordinance to 21
63	62		annex a specifically defined territory or portion of the territory over which 22
64	63		it is exercising territorial jurisdiction under § 14 -56-413, the municipality 23
65	64		shall initiate annexation proceedings within five (5) years of the stated 24
66	65		intent. 25
67	66		(b)(1) During the five (5) years under subsection (a) of this section, 26
68	67		the municipality may continue to exercise its territorial jurisdiction under 27
69	68		§ 14-56-413, including the defined territory specified within its intent to 28
70	69		annex. 29
71	70		(2) If the municipality does not initiate annexation proceedings 30
72	71		of the territory specified within its intent to annex within five (5) years 31
73	72		of the effective date of the resolution or ordinance under subsection (a) of 32
74	73		this section, the municipality is prohibited from again exercising 33
75	74		territorial jurisdiction over the territory specified within its intent to 34
76	75		annex for the next five (5) years. 35
77	76		36 HB1510
78	77
79	78		3 02/17/2025 3:35:42 PM SSS123
80	79		SECTION 5. Arkansas Code § 14 -56-413 is repealed. 1
81	80		14-56-413. Territorial jurisdiction. 2
82	81		(a)(1)(A) The territorial jurisdiction of the governing body of a 3
83	82		municipality for the purpose of this subchapter shall not exceed the limits 4
84	83		stated under this subsection. 5
85	84		(B) If the territorial limits of two (2) or more 6
86	85		municipalities conflict, the limits of their respective territorial 7
87	86		jurisdictions shall be a line equidistant between them, or as agreed on by 8
88	87		the respective municipalities. 9
89	88		(2) In addition to the powers under this subchapter, cities now 10
90	89		having eight thousand (8,000) population or more shall have the authority to 11
91	90		administer and enforce planning ordinances outside their corporate limits as 12
92	91		follows: 13
93	92		(A) For cities of eight thousand (8,000) to sixty thousand 14
94	93		(60,000) population, the jurisdictional area will be one (1) mile beyond the 15
95	94		corporate limits; 16
96	95		(B) For cities of sixty thousand (60,000) to one hundred 17
97	96		fifty thousand (150,000) population, the jurisdictional area will be two (2) 18
98	97		miles beyond the corporate limits; and 19
99	98		(C)(i) For cities of one hundred fifty thousand (150,000) 20
100	99		population and greater, the jurisdictional area will be three (3) miles 21
101	100		beyond the corporate limits. 22
102	101		(ii) Upon July 3, 1989, no city with a population in 23
103	102		excess of one hundred fifty thousand (150,000) persons shall exercise any 24
104	103		zoning authority outside the boundaries of the county wherein it is located 25
105	104		without the approval of the quorum court of the county wherein the city is 26
106	105		not located and the approval of the governing bodies of all other cities 27
107	106		having zoning authority over the area. 28
108	107		(3) Cities having a population of eight thousand (8,000) persons 29
109	108		or less: 30
110	109		(A) Shall have a jurisdictional area that does not exceed 31
111	110		one (1) mile beyond the corporate limits; and 32
112	111		(B) Shall not exercise any zoning authority outside the 33
113	112		corporate limits. 34
114	113		(4) Cities now having an eight thousand (8,000) population or 35
115	114		more and situated on a navigable stream may administer and enforce zoning 36 HB1510
116	115
117	116		4 02/17/2025 3:35:42 PM SSS123
118	117		ordinances outside their corporate limits but may not exceed the territorial 1
119	118		limits under subdivision (a)(2) of this section. 2
120	119		(5) The city populations will be based on the most recent 3
121	120		federal decennial census. 4
122	121		(b)(1) The planning commission shall designate the area within the 5
123	122		territorial jurisdiction for which it will prepare plans, ordinances, and 6
124	123		regulations. 7
125	124		(2) A description of the boundaries of the area shall be filed 8
126	125		with the city clerk and with the county recorder. 9
127	126		10
128	127		SECTION 6. Arkansas Code § 14 -56-417(c), concerning the regulations to 11
129	128		control development of land, is repealed. 12
130	129		(c) A plat within the area within which the municipality intends to 13
131	130		exercise its territorial jurisdiction as indicated on the planning area map 14
132	131		shall not be presented for recording without the approval of the planning 15
133	132		commission, if a planning commission exists. 16
134	133		17
135	134		SECTION 7. Arkansas Code § 14 -56-422(5)(B), concerning adoption of 18
136	135		plans, ordinances, and regulations for municipal planning, is repealed. 19
137	136		(B) The city clerk shall file the plans, ordinances, and 20
138	137		regulations as pertain to the territory beyond the corporate limits with the 21
139	138		county recorder of the counties in which territorial jurisdiction is being 22
140	139		exercised. 23
141	140		24
142	141		SECTION 8. Arkansas Code § 14 -284-207(a), concerning a quorum court's 25
143	142		establishment of a fire protection district service area, is amended to read 26
144	143		as follows: 27
145	144		(a)(1) The quorum court of each county in which a fire protection 28
146	145		district is located shall establish the service area of the fire protection 29
147	146		district. 30
148	147		(2) The service area of a fire protection district created after 31
149	148		January 1, 2021, shall not include any area within the territorial 32
150	149		jurisdiction of the governing body of a municipality as established in § 14 -33
151	150		56-413 that has adopted an ordinance to provide fire protection services to 34
152	151		the area in accordance with § 14 -53-102, unless waived by majority vote of 35
153	152		the governing body of the municipality. 36 HB1510
154	153
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156	155		1
157	156		SECTION 9. Arkansas Code § 17 -28-305(b)(3), concerning the local 2
158	157		regulatory authority of the licensing of electricians, is repealed. 3
159	158		(3) If the city has adopted an ordinance to exercise its 4
160	159		territorial planning jurisdiction, the city may exercise jurisdiction over 5
161	160		the construction, installation, and inspection of electrical work within the 6
162	161		city's territorial planning jurisdiction under § 14 -56-413 if the city and 7
163	162		county agree to the exercise of jurisdiction by the city over electrical work 8
164	163		within the city's territorial planning jurisdiction. 9
165	164		10
166	165		SECTION 10. Arkansas Code § 18 -15-1702(6), concerning definitions for 11
167	166		the Private Property Protection Act, is repealed. 12
168	167		(6) “Territorial jurisdiction” means the territorial jurisdiction 13
169	168		of a municipality as described in § 14 -56-413. 14
170	169		15
171	170		SECTION 11. Arkansas Code § 18 -15-1703(e)(15), concerning the 16
172	171		application of takings under the Private Property Protection Act, is 17
173	172		repealed. 18
174	173		(15) An action by a municipality unless the regulatory program 19
175	174		has effect in the territorial jurisdiction of the municipality, excluding 20
176	175		annexation, and that enacts or enforces a regulatory program that does not 21
177	176		impose identical requirements or restrictions in the entire territorial 22
178	177		jurisdiction of the municipality. 23
179	178		24
180	179		25
181		-	~~APPROVED: 3/18/25~~ 26
	180	+	26
182	181		27
183	182		28
184	183		29
185	184		30
186	185		31
187	186		32
188	187		33
189	188		34
190	189		35
191	190		36