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.

Year: 1985Length: 232 wordsOfficial source

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 RSA PANT SEE ake