{"data":{"id":"us-ar/ark.-code-ann.-14-56-204","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 14-56-204","heading":"Municipal regulation of residential building design elements prohibited - Findings - Exceptions - Definitions","body":"(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\nas 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.\n\n(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.\n\n(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;\n\n(2) It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and\n\n(3) This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law.\n\n(b) A municipality shall not regulate residential building design elements.\n\n(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.\n, 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.\n\n(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.\n\n(A) Exterior building color;\n\n(B) Type or style of exterior cladding material;\n\n(C) Style or materials of roof structures, roof pitches, or porches;\n\n(D) Exterior nonstructural architectural ornamentation;\n\n(E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures;\n\n(F) The number and types of rooms;\n\n(G) The interior layout of rooms; and\n\n(H) The minimum square footage of a structure.\n\n(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.\n\n(A) The height, bulk, orientation, or location of a structure on a lot; or\n\n(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.\n\n(i) Minimize visual impacts;\n\n(ii) Mitigate the impacts of light and noise; or\n\n(iii) Protect the privacy of neighbors.\n\n(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.\n\n(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\nefore 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.\n\n(1) A structure located in an area designated as a local historic district under applicable state law;\n\n(2) A structure located in an area designated as a historic district on the National Register of Historic Places;\n\n(3) A structure designated as a local, state, or national historic landmark;\n\n(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;\n\n(5) A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes;\n\n(6) A regulation applied to manufactured housing in a manner consistent with applicable law;\n\n(7) A regulation adopted as a condition for participation in the National Flood Insurance Program;\n\n(8) A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.;\n\n(9) A multifamily residential structure or other nonsingle-family dwelling;\n\n(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;\n\n(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;\n\n(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\n\n(C) Does not affect residential building design elements;\n\n(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;\n\n(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\n) Does not affect residential building design elements;\n\n(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;\n\n(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\n\n(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.\n\n(A) Notice is provided to property owners of an overlay district under § 14-56-422 ;\n\n(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\n\n(C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq.","path":["AR Code","Title 14","Chapter 56","Subchapter 2"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"d8aa56e5399d1aaefa70fddbb06d49b24a9add5eb76259478c0ea807ae88c68a","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-14-56-203","next":"us-ar/ark.-code-ann.-14-56-301"},"notice":"GroundRules: Original legal text. Not legal advice."}