Fees HB 419 - Whether the city of Heber Springs can enact an ordinance allowing it to go five miles outside the city limits for planning and zoning purposes, and whether it can charge a fee for this service? Yes, but can't charge a fee.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL OPINION NO. 85~87 March 20, 1985 Honorable Tommy E. Mitchum State Representative P, O. Box 2082 Batesville, Arkansas 72501 Dear Representative Mitchum: This is in response to your inquiry whereby you submitted the following: "The City of Heber Springs has an ordinance whereas it goes five miles outside the city limits and does the planning and zoning, charging a fee for this unjust service. My constituency in Cleburne county feels that this is a burden on them and that it is unconstitutional for this to be enforced by the City of Heber Springs." I am enclosing copies of relevant statutes giving the cities and towns the authority to plan beyond the city limits and also permitting cities and towns to zone along navigable streams. I do not find any Statutory authority for cities and towns to impose any fee for such service. I do not have a copy of HB 419 but the synopsis in the Legislative Digest indicates that it would clearly offend Amendment 14 to the Constitution of Arkansas. The foregoing opinion, which I hereby approve, was prepared by Chief Deputy Attorney General Rodney Parham. Yours ,truly, Cay STEVE CLARK 4 Attorney General SC:RP:1m