Arkansas 2025 Regular Session

Arkansas House Bill HB1503 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 313 of the Regular Session
3		-	SSS115 03-04-2025 10:10:13 SSS115
4		-
5		-	State of Arkansas As Engrossed: H3/4/25 1
	2	+	SSS115 02/17/2025 1:51:07 PM SSS115
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1503 3
8	6		4
9		-	By: ~~Representatives~~ Clowney~~, Painter, Gonzales, B. McKenzie, J. Richardson~~ 5
	7	+	By: Representative Clowney 5
10	8		By: Senator Hester 6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO AMEND THE LAW CONCERNING MUNICIPAL 9
14	12		REGULATIONS; TO PROHIBIT CERTAIN RESTRICTIONS ON THE 10
15	13		REGULATION OF ACCESSORY DWELLING UNITS; AND FOR OTHER 11
16	14		PURPOSES. 12
17	15		13
18	16		14
19	17		Subtitle 15
20	18		TO AMEND THE LAW CONCERNING MUNICIPAL 16
21	19		REGULATIONS; AND TO PROHIBIT CERTAIN 17
22	20		RESTRICTIONS ON THE REGULATION OF 18
23	21		ACCESSORY DWELLING UNITS. 19
24	22		20
25	23		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
26	24		22
27	25		SECTION 1. Arkansas Code Title 14, Chapter 56, Subchapter 2, is 23
28	26		amended to add an additional section to read as follows: 24
29	27		14-56-205. Accessory dwelling units - Definitions. 25
30	28		(a) As used in this section: 26
31	29		(1) "Accessory dwelling unit" means a self -contained and 27
32	30		independently accessed living unit on the same parcel as a single -family 28
33	31		dwelling of greater square footage that includes its own cooking, sleeping, 29
34	32		and sanitation facilities and complies with or is otherwise exempt from any 30
35	33		applicable regulatory requirements; 31
36	34		(2) "By right" means the ability to be approved without 32
37	35		requiring: 33
38	36		(A) A public hearing; 34
39	37		(B) A variance, conditional use permit, special permit, or 35
40		-	special exception; or 36 ~~As Engrossed: H3/4/25~~ HB1503
	38	+	special exception; or 36 HB1503
41	39
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43		-
44		-
	40	+	2 02/17/2025 1:51:07 PM SSS115
45	41		(C) Other discretionary zoning action other than a 1
46	42		determination that a site plan conforms with applicable regulatory 2
47	43		requirements; 3
48	44		(3) "Gross floor area" means the interior habitable area of a 4
49	45		single-family dwelling or an accessory dwelling unit; 5
50	46		(4)(A) "Regulatory requirements" means the requirements 6
51	47		determined by a municipality to be necessary for approval of plans, permits, 7
52	48		or applications under this section. 8
53	49		(B) "Regulatory requirements" includes: 9
54	50		(i) The Arkansas Fire Prevention Code as adopted by 10
55	51		the State Fire Marshal; 11
56	52		(ii) Any locally adopted ordinances and amendments 12
57	53		to the ordinances; 13
58	54		(iii) Applicable zoning ordinances and conditions; 14
59	55		(iv) Design standards; and 15
60	56		(v) Other state and local laws, rules, and 16
61	57		ordinances applicable to the plan, permit, or application in question; 17
62	58		(5) "Short-term rental" means an individually or collectively 18
63	59		owned single-family house or single -family dwelling unit or a unit or group 19
64	60		of units in a condominium, cooperative, timeshare, or owner -occupied 20
65	61		residential home that is offered for a fee for thirty (30) days or less; and 21
66	62		(6) "Single-family dwelling" means a building with one (1) or 22
67	63		more rooms designed for residential living purposes by one (1) household that 23
68	64		is detached from any other dwelling unit. 24
69	65		(b)(1) Except as provided in this section, a municipality shall not 25
70	66		adopt a policy, regulation, or ordinance that restricts, prohibits, or 26
71	67		otherwise regulates the use of at least one (1) accessory dwelling unit by 27
72	68		right on a lot or parcel that contains a single -family dwelling. 28
73	69		(2) An accessory dwelling unit may be attached, detached, or 29
74	70		internal to the single -family dwelling on a lot or parcel. 30
75	71		(3) If the accessory dwelling unit is detached from or attached 31
76	72		to the single-family dwelling, it shall not be more than seventy -five percent 32
77	73		(75%) of the gross floor area of the single -family dwelling or one thousand 33
78	74		square feet (1,000 sq. ft.), whichever is less. 34
79	75		(c) A municipality shall not: 35
80		-	(1) Require that a lot or parcel have additional parking to 36 ~~As Engrossed: H3/4/25~~ HB1503
	76	+	(1) Require that a lot or parcel have additional parking to 36 HB1503
81	77
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83		-
84		-
	78	+	3 02/17/2025 1:51:07 PM SSS115
85	79		accommodate an accessory dwelling unit or require fees in lieu of additional 1
86	80		parking; 2
87	81		(2) Require that an accessory dwelling unit match the exterior 3
88	82		design, roof pitch, or finishing materials of the single -family dwelling; 4
89	83		(3) Require that the single -family dwelling or the accessory 5
90	84		dwelling unit be occupied by the owner; 6
91	85		(4) Require a familial, marital, or employment relationship 7
92	86		between the occupants of the single -family dwelling and the occupants of the 8
93	87		accessory dwelling unit; 9
94	88		(5) Assess development impact fees on the construction of an 10
95		-	accessory dwelling unit ~~in excess of two hundred fifty dollars ($250)~~; 11
	89	+	accessory dwelling unit; 11
96	90		(6) Require improvements to public streets or sidewalks as a 12
97	91		condition of permitting an accessory dwelling unit, except as necessary to 13
98	92		reconstruct or repair a public street or sidewalk that is disturbed as a 14
99	93		result of the construction of the accessory dwelling unit; 15
100	94		(7) Set maximum building heights, minimum setback requirements, 16
101	95		minimum lot sizes, maximum lot coverages, or minimum building frontages for 17
102	96		accessory dwelling units that are more restrictive than those for the single -18
103	97		family dwelling on the lot; 19
104	98		(8) Impose more onerous development standards on an accessory 20
105	99		dwelling unit beyond those set forth in this section; 21
106	100		(9)(A) Require a restrictive covenant concerning an accessory 22
107	101		dwelling unit on a parcel zoned for residential use by a single -family 23
108	102		dwelling. 24
109	103		(B)(i) Subdivision (c)(9)(A) of this section does not 25
110	104		prohibit restrictive covenants concerning accessory dwelling units entered 26
111	105		into between private parties. 27
112	106		(ii) Notwithstanding subdivision (c)(9)(B)(i) of 28
113	107		this section, a municipality shall not condition a permit, license, or use of 29
114	108		an accessory dwelling unit on the adoption or implementation of a restrictive 30
115	109		covenant entered into between private parties; or 31
116	110		(10) Require separate water and sewer from the primary 32
117	111		structure. 33
118	112		(d) This section does not prohibit a municipality from regulating 34
119	113		short-term rentals. 35
120		-	(e)(1)(A) A municipality may require a fee for reviewing applications 36 ~~As Engrossed: H3/4/25~~ HB1503
	114	+	(e)(1)(A) A municipality may require a fee for reviewing applications 36 HB1503
121	115
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123		-
124		-
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125	117		to create accessory dwelling units. 1
126	118		(B) The application fee shall not exceed two hundred fifty 2
127	119		dollars ($250) for each accessory dwelling unit. 3
128	120		(2) Subdivision (e)(1) of this section does not prohibit a 4
129	121		municipality from requiring its usual building fees in addition to the 5
130	122		application fee. 6
131	123		(f) A policy, regulation, or ordinance in effect on or after January 7
132	124		1, 2026, that applies to an accessory dwelling unit and does not comply with 8
133		-	this section is ~~invalid to the extent of its conflict with this section~~. 9
134		-	(g) A municipality may require an accessory dwelling unit to have: 10
135		-	~~(1) A~~ will-serve letter from both a municipal water system and a municipal 11
136		-	~~sewer~~ system~~; or~~ 12
137		-	(2) ~~Approval from the Department of Health where a municipal~~ 13
138		-	~~water service~~ or ~~municipal sewer service is not available.~~ 14
139		-	(h) ~~This section does not:~~ 15
140		-	~~(1) Supersede applicable regulatory requirements;~~ or 16
141		-	~~(2) Prohibit a municipality from adopting a policy, regulation,~~ 17
142		-	~~or ordinance that is more permissive than the provisions under this section.~~ 18
	125	+	this section is void. 9
	126	+	(g) A municipality may require an accessory dwelling unit to have a 10
	127	+	will-serve letter from both a municipal water system and a municipal sewer 11
	128	+	system. 12
	129	+	(h) This section does not: 13
	130	+	(1) Supersede applicable regulatory requirements; or 14
	131	+	(2) Prohibit a municipality from adopting a policy, regulation, 15
	132	+	or ordinance that is more permissive than the provisions under this section. 16
	133	+	17
	134	+	18
143	135		19
144		-	~~/s/Clowney~~ 20
	136	+	20
145	137		21
146	138		22
147		-	~~APPROVED: 3/18/25~~ 23
	139	+	23
148	140		24
149	141		25
150	142		26
151	143		27
152	144		28
153	145		29
154	146		30
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157	149		33
158	150		34
159	151		35
160	152		36