Stricken language would be deleted from and underlined language would be added to present law.
Act 313 of the Regular Session
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State of Arkansas As Engrossed: H3/4/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1503 3
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By: Representatives Clowney, Painter, Gonzales, B. McKenzie, J. Richardson 5
By: Senator Hester 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING MUNICIPAL 9
REGULATIONS; TO PROHIBIT CERTAIN RESTRICTIONS ON THE 10
REGULATION OF ACCESSORY DWELLING UNITS; AND FOR OTHER 11
PURPOSES. 12
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Subtitle 15
TO AMEND THE LAW CONCERNING MUNICIPAL 16
REGULATIONS; AND TO PROHIBIT CERTAIN 17
RESTRICTIONS ON THE REGULATION OF 18
ACCESSORY DWELLING UNITS. 19
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
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SECTION 1. Arkansas Code Title 14, Chapter 56, Subchapter 2, is 23
amended to add an additional section to read as follows: 24
14-56-205. Accessory dwelling units - Definitions. 25
(a) As used in this section: 26
(1) "Accessory dwelling unit" means a self -contained and 27
independently accessed living unit on the same parcel as a single -family 28
dwelling of greater square footage that includes its own cooking, sleeping, 29
and sanitation facilities and complies with or is otherwise exempt from any 30
applicable regulatory requirements; 31
(2) "By right" means the ability to be approved without 32
requiring: 33
(A) A public hearing; 34
(B) A variance, conditional use permit, special permit, or 35
special exception; or 36 As Engrossed: H3/4/25 HB1503
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(C) Other discretionary zoning action other than a 1
determination that a site plan conforms with applicable regulatory 2
requirements; 3
(3) "Gross floor area" means the interior habitable area of a 4
single-family dwelling or an accessory dwelling unit; 5
(4)(A) "Regulatory requirements" means the requirements 6
determined by a municipality to be necessary for approval of plans, permits, 7
or applications under this section. 8
(B) "Regulatory requirements" includes: 9
(i) The Arkansas Fire Prevention Code as adopted by 10
the State Fire Marshal; 11
(ii) Any locally adopted ordinances and amendments 12
to the ordinances; 13
(iii) Applicable zoning ordinances and conditions; 14
(iv) Design standards; and 15
(v) Other state and local laws, rules, and 16
ordinances applicable to the plan, permit, or application in question; 17
(5) "Short-term rental" means an individually or collectively 18
owned single-family house or single -family dwelling unit or a unit or group 19
of units in a condominium, cooperative, timeshare, or owner -occupied 20
residential home that is offered for a fee for thirty (30) days or less; and 21
(6) "Single-family dwelling" means a building with one (1) or 22
more rooms designed for residential living purposes by one (1) household that 23
is detached from any other dwelling unit. 24
(b)(1) Except as provided in this section, a municipality shall not 25
adopt a policy, regulation, or ordinance that restricts, prohibits, or 26
otherwise regulates the use of at least one (1) accessory dwelling unit by 27
right on a lot or parcel that contains a single -family dwelling. 28
(2) An accessory dwelling unit may be attached, detached, or 29
internal to the single -family dwelling on a lot or parcel. 30
(3) If the accessory dwelling unit is detached from or attached 31
to the single-family dwelling, it shall not be more than seventy -five percent 32
(75%) of the gross floor area of the single -family dwelling or one thousand 33
square feet (1,000 sq. ft.), whichever is less. 34
(c) A municipality shall not: 35
(1) Require that a lot or parcel have additional parking to 36 As Engrossed: H3/4/25 HB1503
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accommodate an accessory dwelling unit or require fees in lieu of additional 1
parking; 2
(2) Require that an accessory dwelling unit match the exterior 3
design, roof pitch, or finishing materials of the single -family dwelling; 4
(3) Require that the single -family dwelling or the accessory 5
dwelling unit be occupied by the owner; 6
(4) Require a familial, marital, or employment relationship 7
between the occupants of the single -family dwelling and the occupants of the 8
accessory dwelling unit; 9
(5) Assess development impact fees on the construction of an 10
accessory dwelling unit in excess of two hundred fifty dollars ($250); 11
(6) Require improvements to public streets or sidewalks as a 12
condition of permitting an accessory dwelling unit, except as necessary to 13
reconstruct or repair a public street or sidewalk that is disturbed as a 14
result of the construction of the accessory dwelling unit; 15
(7) Set maximum building heights, minimum setback requirements, 16
minimum lot sizes, maximum lot coverages, or minimum building frontages for 17
accessory dwelling units that are more restrictive than those for the single -18
family dwelling on the lot; 19
(8) Impose more onerous development standards on an accessory 20
dwelling unit beyond those set forth in this section; 21
(9)(A) Require a restrictive covenant concerning an accessory 22
dwelling unit on a parcel zoned for residential use by a single -family 23
dwelling. 24
(B)(i) Subdivision (c)(9)(A) of this section does not 25
prohibit restrictive covenants concerning accessory dwelling units entered 26
into between private parties. 27
(ii) Notwithstanding subdivision (c)(9)(B)(i) of 28
this section, a municipality shall not condition a permit, license, or use of 29
an accessory dwelling unit on the adoption or implementation of a restrictive 30
covenant entered into between private parties; or 31
(10) Require separate water and sewer from the primary 32
structure. 33
(d) This section does not prohibit a municipality from regulating 34
short-term rentals. 35
(e)(1)(A) A municipality may require a fee for reviewing applications 36 As Engrossed: H3/4/25 HB1503
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to create accessory dwelling units. 1
(B) The application fee shall not exceed two hundred fifty 2
dollars ($250) for each accessory dwelling unit. 3
(2) Subdivision (e)(1) of this section does not prohibit a 4
municipality from requiring its usual building fees in addition to the 5
application fee. 6
(f) A policy, regulation, or ordinance in effect on or after January 7
1, 2026, that applies to an accessory dwelling unit and does not comply with 8
this section is invalid to the extent of its conflict with this section. 9
(g) A municipality may require an accessory dwelling unit to have: 10
(1) A will-serve letter from both a municipal water system and a municipal 11
sewer system; or 12
(2) Approval from the Department of Health where a municipal 13
water service or municipal sewer service is not available. 14
(h) This section does not: 15
(1) Supersede applicable regulatory requirements; or 16
(2) Prohibit a municipality from adopting a policy, regulation, 17
or ordinance that is more permissive than the provisions under this section. 18
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/s/Clowney 20
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APPROVED: 3/18/25 23
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