Q May our town charge a fee for large heavy service trucks using our streets, or charge a yearly permit fee to operate such vehicles over the town’s streets?

A Section 21-17-1 provides that municipalities are responsible for the care, management and control of municipal property. Pursuant to Sections 21-19-15 and 63-5-27(5), a municipality has the authority to regulate weights of vehicles using its streets. Section 63-5-51 authorizes municipal governing authorities to issue special permits to persons who wish to operate vehicles that exceed the municipally-established weight limit, and subsection (1) provides that the municipality may require security deemed necessary to compensate for any road damage. The municipality would be authorized to charge a corresponding fee for the issuance of such a permit to exceed the municipal roads’ weight limit(s). This does not apply to any state-maintained highway regardless of location. (Attorney General’s Opinion to Satcher, December 6, 2013)