31-12A-5.1. Territory within or without subdivision jurisdiction of municipality--Requirement for approval of petition. If any territory is within the subdivision jurisdiction of a municipality, the petition for the incorporation described in § 31-12A-3 shall first be submitted to the municipality's governing body for approval at its discretion, and upon approval shall be presented to the county board of commissioners. If any territory is outside the subdivision jurisdiction of a municipality, but within the subdivision jurisdiction of the county, the board may, subject to its discretion, approve the petition pursuant to § 31-12A-5. However, if any territory is not within the subdivision jurisdiction of a municipality or the county then the county board shall approve the petition pursuant to § 31-12A-5.
Source: SL 1982, ch 224, § 7A.
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