Ark. Code Ann. § 14-56-204: Municipal regulation of residential building design elements prohibited - Findings - Exceptions - Definitions

(a) The General Assembly finds that: (1) The Fair Housing Act, 42 U.S.C. § 3601 et seq., decisions of the United States Supreme Court, and other provisions of federal law establish the principles and standards in this section; (2) It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and (3) This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law. (b) A municipality shall not regulate residential building design elements. (c) (1) As used in this section, "residential building design elements" means: (A) Exterior building color; (B) Type or style of exterior cladding material; (C) Style or materials of roof structures, roof pitches, or porches; (D) Exterior nonstructural architectural ornamentation; (E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures; (F) The number and types of rooms; (G) The interior layout of rooms; and (H) The minimum square footage of a structure. (2) As used in this section, "residential building design elements" does not include: (A) The height, bulk, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors. (3) As used in this section, "existing property" means land within a geographic boundary or district as defined by a municipal policy, regulation, or ordinance on or before February 28, 2019. (d) This section does not apply to: (1) A structure located in an area designated as a local historic district under applicable state law; (2) A structure located in an area designated as a historic district on the National Register of Historic Places; (3) A structure designated as a local, state, or national historic landmark; (4) A regulation created by a valid private covenant or other contractual agreement among property owners relating to residential building design elements, including without limitation a cooperative contractual agreement between a property owner and a municipality; (5) A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes; (6) A regulation applied to manufactured housing in a manner consistent with applicable law; (7) A regulation adopted as a condition for participation in the National Flood Insurance Program; (8) A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.; (9) A multifamily residential structure or other nonsingle-family dwelling; (10) The application of a municipal policy, regulation, or ordinance affecting residential building design elements if the application: (A) Is applied on an existing property in which residential building design elements were regulated on or before February 28, 2019, but not as to any other property thereafter; (B) Results in a less restrictive regulation of residential building design elements on existing property than the municipal policy, regulation, or ordinance as it existed on February 28, 2019; or (C) Does not affect residential building design elements; (11) A municipal policy, regulation, or ordinance derived from the municipality's police power and directly related to an established immediate public health or safety hazard; (12) A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq

as it existed on February 28, 2019; or (C) Does not affect residential building design elements; (11) A municipal policy, regulation, or ordinance derived from the municipality's police power and directly related to an established immediate public health or safety hazard; (12) A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq. concerning urban service districts; or (13) A policy or regulation of an overlay district, if before the policy or regulation is implemented: (A) Notice is provided to property owners of an overlay district under § 14-56-422 ; (B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and (C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq. Amended by Act 2023, No. 203,§ 12, eff. 8/1/2023. Amended by Act 2021, No. 806,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 806,§ 1, eff. 7/28/2021. Added by Act 2019, No. 446,§ 2, eff. 7/24/2019.

(a) The General Assembly finds that: (1) The Fair Housing Act, 42 U.S.C. § 3601 et seq., decisions of the United States Supreme Court, and other provisions of federal law establish the principles and standards in this section; (2) It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and (3) This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law.

(1) The Fair Housing Act, 42 U.S.C. § 3601 et seq., decisions of the United States Supreme Court, and other provisions of federal law establish the principles and standards in this section;

(2) It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and

(3) This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law.

(b) A municipality shall not regulate residential building design elements.

(c) (1) As used in this section, "residential building design elements" means: (A) Exterior building color; (B) Type or style of exterior cladding material; (C) Style or materials of roof structures, roof pitches, or porches; (D) Exterior nonstructural architectural ornamentation; (E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures; (F) The number and types of rooms; (G) The interior layout of rooms; and (H) The minimum square footage of a structure. (2) As used in this section, "residential building design elements" does not include: (A) The height, bulk, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors. (3) As used in this section, "existing property" means land within a geographic boundary or district as defined by a municipal policy, regulation, or ordinance on or before February 28, 2019.

, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors. (3) As used in this section, "existing property" means land within a geographic boundary or district as defined by a municipal policy, regulation, or ordinance on or before February 28, 2019.

(1) As used in this section, "residential building design elements" means: (A) Exterior building color; (B) Type or style of exterior cladding material; (C) Style or materials of roof structures, roof pitches, or porches; (D) Exterior nonstructural architectural ornamentation; (E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures; (F) The number and types of rooms; (G) The interior layout of rooms; and (H) The minimum square footage of a structure.

(A) Exterior building color;

(B) Type or style of exterior cladding material;

(C) Style or materials of roof structures, roof pitches, or porches;

(D) Exterior nonstructural architectural ornamentation;

(E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures;

(F) The number and types of rooms;

(G) The interior layout of rooms; and

(H) The minimum square footage of a structure.

(2) As used in this section, "residential building design elements" does not include: (A) The height, bulk, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors.

(A) The height, bulk, orientation, or location of a structure on a lot; or

(B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors.

(i) Minimize visual impacts;

(ii) Mitigate the impacts of light and noise; or

(iii) Protect the privacy of neighbors.

(3) As used in this section, "existing property" means land within a geographic boundary or district as defined by a municipal policy, regulation, or ordinance on or before February 28, 2019.

(d) This section does not apply to: (1) A structure located in an area designated as a local historic district under applicable state law; (2) A structure located in an area designated as a historic district on the National Register of Historic Places; (3) A structure designated as a local, state, or national historic landmark; (4) A regulation created by a valid private covenant or other contractual agreement among property owners relating to residential building design elements, including without limitation a cooperative contractual agreement between a property owner and a municipality; (5) A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes; (6) A regulation applied to manufactured housing in a manner consistent with applicable law; (7) A regulation adopted as a condition for participation in the National Flood Insurance Program; (8) A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.; (9) A multifamily residential structure or other nonsingle-family dwelling; (10) The application of a municipal policy, regulation, or ordinance affecting residential building design elements if the application: (A) Is applied on an existing property in which residential building design elements were regulated on or before February 28, 2019, but not as to any other property thereafter; (B) Results in a less restrictive regulation of residential building design elements on existing property than the municipal policy, regulation, or ordinance as it existed on February 28, 2019; or (C) Does not affect residential building design elements; (11) A municipal policy, regulation, or ordinance derived from the municipa

efore February 28, 2019, but not as to any other property thereafter; (B) Results in a less restrictive regulation of residential building design elements on existing property than the municipal policy, regulation, or ordinance as it existed on February 28, 2019; or (C) Does not affect residential building design elements; (11) A municipal policy, regulation, or ordinance derived from the municipality's police power and directly related to an established immediate public health or safety hazard; (12) A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq. concerning urban service districts; or (13) A policy or regulation of an overlay district, if before the policy or regulation is implemented: (A) Notice is provided to property owners of an overlay district under § 14-56-422 ; (B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and (C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq.

(1) A structure located in an area designated as a local historic district under applicable state law;

(2) A structure located in an area designated as a historic district on the National Register of Historic Places;

(3) A structure designated as a local, state, or national historic landmark;

(4) A regulation created by a valid private covenant or other contractual agreement among property owners relating to residential building design elements, including without limitation a cooperative contractual agreement between a property owner and a municipality;

(5) A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes;

(6) A regulation applied to manufactured housing in a manner consistent with applicable law;

(7) A regulation adopted as a condition for participation in the National Flood Insurance Program;

(8) A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.;

(9) A multifamily residential structure or other nonsingle-family dwelling;

(10) The application of a municipal policy, regulation, or ordinance affecting residential building design elements if the application: (A) Is applied on an existing property in which residential building design elements were regulated on or before February 28, 2019, but not as to any other property thereafter; (B) Results in a less restrictive regulation of residential building design elements on existing property than the municipal policy, regulation, or ordinance as it existed on February 28, 2019; or (C) Does not affect residential building design elements;

(A) Is applied on an existing property in which residential building design elements were regulated on or before February 28, 2019, but not as to any other property thereafter;

(B) Results in a less restrictive regulation of residential building design elements on existing property than the municipal policy, regulation, or ordinance as it existed on February 28, 2019; or

(C) Does not affect residential building design elements;

(11) A municipal policy, regulation, or ordinance derived from the municipality's police power and directly related to an established immediate public health or safety hazard;

(12) A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq. concerning urban service districts; or

) Does not affect residential building design elements;

(11) A municipal policy, regulation, or ordinance derived from the municipality's police power and directly related to an established immediate public health or safety hazard;

(12) A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq. concerning urban service districts; or

(13) A policy or regulation of an overlay district, if before the policy or regulation is implemented: (A) Notice is provided to property owners of an overlay district under § 14-56-422 ; (B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and (C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq.

(A) Notice is provided to property owners of an overlay district under § 14-56-422 ;

(B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and

(C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq.