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Ark. Code Ann. § 14-14-809

Concurrent powers

Applied in 1 court decision — leading case Johnson v. Sunray Services, Inc. (1991)

Most recently applied in Johnson v. Sunray Services, Inc. (September 1991)

Acts 1977, No. 742, § 77; A.S.A. 1947, § 17-3809; Acts 2019, No. 315, § 985.

(1) If a county government is authorized to regulate an area which the state by statute or administrative rule also regulates, the local government may regulate the area only by enacting ordinances which are consistent with state law or administrative rule.

(2) If a state statute or administrative rule prescribes a single standard of conduct, an ordinance is consistent if it is identical to the state statute or administrative rule.

(3) If a state statute or administrative rule prescribes a minimal standard of conduct, an ordinance is consistent if it establishes a standard which is the same as, or higher or more stringent than, the state standard.

(4) A county government may adopt ordinances which incorporate by reference state statutes and administrative rules in areas in which a local government is authorized to act.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.