Q Is a municipality allowed to assess a building permit fee on construction of a National Guard armory in accordance with the schedules already in place to govern construction in the municipality?

A No. The Mississippi National Guard’s broader state context outweighs a municipality’s public safety concerns as they relate to local building codes. The necessities of the Mississippi National Guard’s mission cannot be made subordinate to a municipality’s public safety concerns expressed through building codes and zoning restrictions. (Attorney General’s Opinion to Sutton dated December 17, 2010)