Q County roads are being damaged by large trucks hauling logs, dirt, sand and other natural materials. May the board of supervisors enact an ordinance determining uncommon or unusual loads on county roads, establishing a route permitting system, and setting weight limits and other restrictions applicable to some, but not all, road districts?

A The board has the authority pursuant to Section 19-3-40 to pass an ordinance regulating the use of county roads so long as the ordinance does not conflict with state law. It is entirely within the discretion of the board as a whole, pursuant to Sections 65-7-43, 65-7-45, and 63-5-51, to determine the specific public roads or bridges, or any section or length of any public road, or any particular bridge in the county it will regulate. (Attorney General’s Opinion to Hemphill, October 4, 2013)