{"data":{"id":"us-ar/ark.-code-ann.-22-3-2105","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 22-3-2105","heading":"Applicability","body":"(a) A petition for a waiver may be authorized under § 22-3-2104(b) if the application of this subchapter interferes with the construction, maintenance, or operation of a public facility owned or managed by the Department of Parks, Heritage, and Tourism. (b) A court of competent jurisdiction may enjoin any violation of or noncompliance with the provisions of this subchapter upon petition by a resident of the State of Arkansas or by the Arkansas History Commission. (c) (1) A historical monument in existence on April 28, 2021, is considered a historical monument for the purposes of this subchapter. (2) A historical monument not currently displayed by a public entity is considered a historical monument for the purposes of this subchapter. (d) A governmental entity may request that the commission recognize a statue, memorial, gravestone plate, plaque, or historic flag display erected and dedicated after April 28, 2021, as a historical monument by an application process established by the rules of the commission. (e) The commission shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to: (1) Establish a process for the application for a waiver; (2) Create a process for the approval of a temporary waiver on an emergency basis; (3) Establish guidelines regarding what will be designated as a historical monument; (4) Create an application process for registering historical monuments erected after April 28, 2021; (5) Establish guidelines for the disposition of historical monuments if a waiver is granted to remove a historical monument; and (6) Otherwise effectuate the purposes of this subchapter. Added by Act 2021, No. 1003,§ 1, eff. 4/28/2021.\n\n(a) A petition for a waiver may be authorized under § 22-3-2104(b) if the application of this subchapter interferes with the construction, maintenance, or operation of a public facility owned or managed by the Department of Parks, Heritage, and Tourism.\n\n(b) A court of competent jurisdiction may enjoin any violation of or noncompliance with the provisions of this subchapter upon petition by a resident of the State of Arkansas or by the Arkansas History Commission.\n\n(c) (1) A historical monument in existence on April 28, 2021, is considered a historical monument for the purposes of this subchapter. (2) A historical monument not currently displayed by a public entity is considered a historical monument for the purposes of this subchapter.\n\n(1) A historical monument in existence on April 28, 2021, is considered a historical monument for the purposes of this subchapter.\n\n(2) A historical monument not currently displayed by a public entity is considered a historical monument for the purposes of this subchapter.\n\n(d) A governmental entity may request that the commission recognize a statue, memorial, gravestone plate, plaque, or historic flag display erected and dedicated after April 28, 2021, as a historical monument by an application process established by the rules of the commission.\nument not currently displayed by a public entity is considered a historical monument for the purposes of this subchapter.\n\n(d) A governmental entity may request that the commission recognize a statue, memorial, gravestone plate, plaque, or historic flag display erected and dedicated after April 28, 2021, as a historical monument by an application process established by the rules of the commission.\n\n(e) The commission shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to: (1) Establish a process for the application for a waiver; (2) Create a process for the approval of a temporary waiver on an emergency basis; (3) Establish guidelines regarding what will be designated as a historical monument; (4) Create an application process for registering historical monuments erected after April 28, 2021; (5) Establish guidelines for the disposition of historical monuments if a waiver is granted to remove a historical monument; and (6) Otherwise effectuate the purposes of this subchapter.\n\n(1) Establish a process for the application for a waiver;\n\n(2) Create a process for the approval of a temporary waiver on an emergency basis;\n\n(3) Establish guidelines regarding what will be designated as a historical monument;\n\n(4) Create an application process for registering historical monuments erected after April 28, 2021;\n\n(5) Establish guidelines for the disposition of historical monuments if a waiver is granted to remove a historical monument; and\n\n(6) Otherwise effectuate the purposes of this subchapter.","path":["AR Code","Title 22","Chapter 3","Subchapter 21"],"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":"bb13f25f97cfba78a9d4a3cce3cdfa39d177ddebb68f7eb88676dbdfa2bea159","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-22-3-2104","next":"us-ar/ark.-code-ann.-22-3-2106"},"notice":"GroundRules: Original legal text. Not legal advice."}