85-064
Can a county enact an ordinance requiring all nonresidents wishing to camp on public or private property for recreational purposes to apply for and obtain a permit and to pay a fee for this permit? Answer: Probably not. ACA 14-14-801.
Cite as Ark. Op. Att'y Gen. 85-064
a STATE OF ARKANSAS
OFFICE OF THE ATTORNEY GENERAL
JUSTICE BUILDING, LITTLE ROCK 72201
STEVE CLARK 501) 371.
ATTORNEY GENERAL (501) 371-2007
OPINION NO. 85-64 February 26, 1985
The Honorable James Scott
State Senator
Route 1, Box 82-A
Warren, Arkansas 71671
Dear Senator Scott:
This is in response to your letter requesting an official opinion
regarding the following question:
Can the county enact an ordinance requiring
all nonresidents wishing to camp on public
or private property for recreational purposes
to apply for and obtain a permit and to pay a
fee for this permit?
Amendment No. 55, Section l(a) of the Constitution of Arkansas allows
the Quorum Court to exercise local legislative authority not denied by
the Constituton or by State law. Ark. Stat. ann, §17-3801 et seq
(Repl. 1980) specifically enumerates the powers and prohibitions
of this legislative authority.
Ark. Stat. Ann. §17-3801(k) allows counties to impose a special
assessment reasonably related to the cost of any special service
or special benefit provided by County Government or to impose a
fee for the provisions of a service.
I doubt, however, that a pexmit could be required for camping
on public property such as Game & Fish lands or Park & Tourism
lands.
The foregoing opinion, which I hereby approve, was prepared
by Chief Deputy Attorney General Rodney Parham,
Yours rr
STEVE K U Cut-
Attorney General
SC:RP:1m
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