Oklahoma Statutes
Okla. Stat. tit. 11, § 43-101 (2026)
General powers of municipalities
✓ current as of July 2026
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For the purpose of promoting health, safety, morals, or the general welfare of the community, a municipal governing body may regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings,
structures and land for trade, industry, residence or other purposes. Laws 1977, c. 256, § 43-101, eff. July 1, 1978.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1979–2023 · leading case: Kruchowski v. Weyerhaeuser Co., 2008 OK 105 (Okla. 2009).
Kruchowski v. Weyerhaeuser Co., 2008 OK 105 (Okla. 2009). “2d 1323 , the Court noted that the public policy exception to the employee-at-will doctrine applied when an employee is fired in retaliation for acting consistent with 11 O.S.1991 § 43-101. In 1994, we decided Groce v.”
In Re Initiative Petition No. 382, 2006 OK 45 (Okla. 2006). “Municipalities derive their ability to regulate land use from statutes, for example, 11 O.S.2001 § 43-101 provides; "For the purpose of promoting health, safety, morals, or the general welfare of the community, a municipal governing body may regulate and restrict the height,…”
McConnell v. Town Clerk of Tipton, 704 P.2d 479 (Okla. 1985). “The remaining issue to be addressed is: in a proceeding for mandamus, under what circumstances may a district court reverse a municipality’s legislative decisions as to land-use and the construction of buildings within its boundaries? The general authority for municipal control…”
City of Moore, Oklahoma, a Mun. Corp. v. Atchison, Topeka, & Santa Fe Ry. Co., a R.R. Corp., 699 F.2d 507 (10th Cir. 1983). “Santa Fe responds that the City of Moore’s zoning powers flow from Oklahoma’s standard zoning enabling act, Okla. Stat. tit. 11, §§ 43-101 to -109, and not from its home rule charter.”
City of Cherokee v. Tatro, 636 P.2d 337 (Okla. 1981). “All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.”
Morland Dev. Co. v. City of Tulsa, 596 P.2d 1255 (Okla. 1979). “At 11 O.S.Supp. 1977, § 43-101, municipalities are empowered to regulate and restrict the use of land in order to promote the health, safety, morals, or general welfare of the community.”
Smith v. Farmers Coop. Ass'n of Butler, 825 P.2d 1323 (Okla. 1992). “I agree that the power of municipalities to enact zoning ordinances and grant or deny variances to established zones is important for developing and maintaining a community. However, by Smith’s own testimony, Baker made no formal request for a variance.”
Question Submitted by: The Honorable Mike Ritze, State Rep., Dist. 80 The Honorable Chris Kannady, State Rep., Dist. 91 The Honorable Kevin Calvey, State Rep., Dist. 82, 2015 OK AG 12 (Okla. Att’y Gen. 2015). “See 11 O.S.2011, § 43-101. As noted above, municipal zoning ordinances that affect oil and gas development have been the subject of litigation since shortly after statehood.”
Warden v. City of Grove, 44 F. Supp. 3d 1098 (N.D. Okla. 2014). “” Okla. Stat. tit. 11, § 43-101 . The powers conferred by section 43-101 are zoning powers.”
Question Submitted by: The Honorable David R. Thomas, Dist. Attorney, Dist. 3, 2023 OK AG 7 (Okla. Att’y Gen. 2023). “11 O.S.2021, § 43-101. ¶2 For municipalities that have adopted a charter as their governing law, 1 zoning authority may derive from the charter instead of statute.”
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