Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 456 3
4
By: Senator J. Petty 5
By: Representative R. Burkes 6
7
For An Act To Be Entitled 8
AN ACT TO CREATE THE HOME OPPORTUNITIES MADE EASIER 9
ACT; AND FOR OTHER PURPOSES. 10
11
12
Subtitle 13
TO CREATE THE HOME OPPORTUNITIES MADE 14
EASIER ACT. 15
16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
18
SECTION 1. Arkansas Code Title 14, Chapter 1, is amended to add an 19
additional subchapter to read as follows: 20
21
Subchapter 7 —— Home Opportunities Made Easier Act 22
23
14-1-701. Title. 24
This subchapter shall be known and may be cited as the "Home 25
Opportunities Made Easier Act". 26
27
14-1-702. Legislative findings. 28
The General Assembly finds that: 29
(1) Working families are finding it increasingly difficult to 30
purchase or rent a home in or close to the communities where they work; 31
(2) Many moderate-income workers are working two (2) or three 32
(3) jobs to meet their monthly housing expenses; 33
(3) The gap between those who can afford a home and those who 34
cannot is widening at an alarming rate, and affordable rental housing is in 35
short supply; 36 SB456
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(4) Regulatory barriers by state and local governments often 1
prevent the construction of a mix of different types of housing in various 2
price ranges; 3
(5) In some areas of the country regulatory delays and excesses 4
have added as much as twenty percent (20%) to the cost of building housing; 5
and 6
(6) Arkansas desires to be a leader in providing solutions to 7
difficult problems like those described in this section. 8
9
14-1-703. Purpose. 10
It is the purpose of this subchapter to: 11
(1) Recognize that people should be able to use their property 12
for reasonable and traditional uses, without unreasonable, arbitrary, or 13
discriminatory zoning regulations that impair property rights and create a 14
shortage of affordable housing; and 15
(2) Allow private citizens to create more housing, free from 16
unreasonable local regulations. 17
18
14-1-704. Definitions. 19
As used in this subchapter: 20
(1) "Duplex" means a house divided into two (2) dwelling units, 21
with a separate entrance for each; 22
(2) "Dwelling unit" means: 23
(A) A house; 24
(B) An apartment; or 25
(C) Other place of residence; 26
(3) "Home occupation" means a business conducted full -time or 27
part-time in a dwelling unit or a secondary dwelling unit that serves as the 28
principal residence of the person conducting the business; 29
(4)(A) "Local government" means: 30
(i) A county; 31
(ii) A city of the first class; 32
(iii) A city of the second class; or 33
(iv) An incorporated town; 34
(B) "Local government" includes: 35
(i) The governing body of a local government; 36 SB456
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(ii) A local government zoning board; and 1
(iii) A local government planning board. 2
(5)(A) "Mobile tiny home" means a residence that is: 3
(i) Under five hundred square feet (500 sq. ft.); 4
and 5
(ii) On wheels so that it is mobile. 6
(B) "Mobile tiny home" does not include a traditional: 7
(i) Car; 8
(ii) Truck; or 9
(iii) Sports utility vehicle; 10
(6) "Nuisance" means unreasonable interference with the 11
possessory interest of an individual in the use or enjoyment of the 12
individual’s land, including without limitation: 13
(A) Pollution; 14
(B) Noise; 15
(C) Unpleasant odor; 16
(D) Mist; 17
(E) Dust; 18
(F) Harmful use of pesticides; and 19
(G) Vibration; 20
(7) "Public transportation stop" means a stop where a bus, 21
subway, or other public transit service picks up and drops off passengers; 22
(8) "Quadplex" means a house divided into four (4) dwelling 23
units, with a separate entrance for each; 24
(9) "Secondary dwelling unit" means a secondary house or 25
apartment that shares the same lot as a primary home; 26
(10)(A) "Tiny home" means a detached residence that is under 27
five hundred square feet (500 sq. ft.). 28
(B) "Tiny home" does not include a: 29
(i) Tent; or 30
(ii) Home made from: 31
(a) Cardboard crates; 32
(b) Scrap wood; 33
(c) Plastic bags; 34
(d) Bedding; 35
(e) Tarps; or 36 SB456
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(f) Other materials similar to those listed in 1
subdivisions (10)(B)(ii)(a) -(e); and 2
(11) "Triplex" means a house divided into three (3) dwelling 3
units, with a separate entrance for each. 4
5
14-1-705. Restrictions on design requirements for dwelling units, 6
secondary dwelling units, and garages. 7
(a) Except as otherwise provided in this section, a local government 8
shall not establish design requirements for the aesthetics of dwelling units, 9
secondary dwelling units, and garages unless those design requirements are 10
necessary to protect: 11
(1) Public health and safety; or 12
(2) The structural integrity of the buildings. 13
(b) Design requirements prohibited under this section include without 14
limitation: 15
(1) Requiring or prohibiting a certain architectural style of 16
home, including without limitation: 17
(A) Victorian; 18
(B) Craftsman; 19
(C) Ranch; or 20
(D) Other type of architectural style; 21
(2) Requiring certain exterior building materials, including 22
without limitation: 23
(A) Stone; 24
(B) Brick; or 25
(C) A specific type of siding; 26
(3) Requiring a certain amount or style of landscaping, unless 27
the landscaping is necessary to: 28
(A) Address drainage and water runoff; or 29
(B) Create permeable surfaces; and 30
(4) Requiring garages or establishing architectural requirements 31
for garages, unless necessary: 32
(A) To protect public health and safety; or 33
(B) For the structural integrity of the garage. 34
(c) Except as otherwise provided in this section, a decision on design 35
requirements is at the sole discretion of a: 36 SB456
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(1) Property owner; or 1
(2) Private homeowners’ association, if applicable. 2
(d) Design requirements shall otherwise be permissible unless the 3
design requirements: 4
(1) Constitute a nuisance; or 5
(2) Conflict with existing design requirements made applicable 6
by a property’s inclusion within an already designated historic district 7
under the Historic Districts Act, § 14-172-201 et seq. 8
9
14-1-706. Multi-family dwelling units. 10
(a)(1) A zoning ordinance that allows single -family dwelling units 11
shall also allow duplexes. 12
(2) A local government may require a duplex to comply with 13
reasonable setback and height restrictions applicable to a single -family 14
dwelling unit but shall not establish additional requirements or restrictions 15
on the duplex. 16
(b)(1) A city of the first class or a city of the second class that 17
allows single-family dwelling units shall also allow triplexes and 18
quadplexes. 19
(2) A local government may require triplexes and quadplexes to 20
comply with setback and height restrictions applicable to single -family 21
dwelling units but shall not establish additional requirements or 22
restrictions on triplexes or quadplexes. 23
(c) A local government shall not prohibit or restrict a property owner 24
from fully or partially demolishing or removing an existing structure on a 25
single-family dwelling unit zoned property that the property owner wishes to 26
convert to a: 27
(1) Duplex; 28
(2) Triplex; or 29
(3) Quadplex. 30
(d) A local government shall not prohibit or restrict a property owner 31
from subdividing an existing single -family dwelling unit zoned lot in a 32
manner and number consistent with the establishment of a duplex, triplex, or 33
quadplex on that lot. 34
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14-1-707. Attached or unattached secondary dwelling unit allowed for 36 SB456
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single-family dwelling unit. 1
(a) A lot that contains a single -family dwelling unit may have an 2
attached or detached secondary dwelling unit. 3
(b)(1) A local government may establish reasonable and objective 4
restrictions on a secondary dwelling unit, which may include reasonable 5
setback requirements. 6
(2) Reasonable restrictions under this section do not include a: 7
(A) Requirement that the secondary dwelling unit have a 8
permanent foundation; 9
(B) Prohibition on a secondary dwelling unit's being a 10
mobile tiny home; 11
(C) Requirement that the owner of the single -family 12
dwelling unit also own the secondary dwelling unit; 13
(D) Requirement that the owner of the single -family 14
dwelling unit reside on the property that has a secondary dwelling unit; 15
(E) Prohibition on renting the secondary dwelling unit; or 16
(F) Requirement that the occupant of the secondary 17
dwelling unit be related by blood or marriage to the owner of the single -18
family dwelling unit. 19
(c)(1) If a local government requires permits for secondary dwelling 20
units, permit applications that comply with the local government’s reasonable 21
restrictions shall be administratively approved. 22
(2) If the local government does not deny the permit within 23
thirty (30) days, the permit shall be deemed approved. 24
(d)(1) Instead of having a secondary dwelling unit, a property owner 25
may rent space on the owner’s land to one (1) mobile tiny home, whether or 26
not the property owner owns the mobile tiny home. 27
(2) An arrangement under subdivision (d)(1) of this section does 28
not require a permit, registration, or other form of permission. 29
(e) A local government shall not prohibit or restrict a property owner 30
from subdividing an existing lot in a manner and number consistent with the 31
establishment of a secondary dwelling unit on the lot. 32
33
14-1-708. Restrictions on tiny homes and other dwellings. 34
(a)(1) An owner of a residential vacant lot or other lot allowing 35
residential use may establish a tiny home, including a mobile tiny home, on 36 SB456
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the lot. 1
(2) The tiny home may be inhabited by the property owner or 2
rented to another person or persons. 3
(3) A local government shall not establish durational limits or 4
restrictions on tiny homes offered for rent under this section. 5
(b) A home that is manufactured in compliance with the United States 6
Department of Housing and Urban Development federal regulations under 42 7
U.S.C. § 3531 et seq., as it existed on January 1, 2025, shall be permitted 8
in a residential zone without requiring additional standards or inspections. 9
10
14-1-709. Building permits for dwelling units —— Unreasonable delays 11
and fees prohibited. 12
(a) A permit required for a dwelling unit besides a secondary dwelling 13
unit shall be deemed approved if not denied within sixty (60) days. 14
(b)(1) More than two (2) hearings before a local government shall not 15
be required for a building permit. 16
(2) This subsection does not apply to a resident’s inquiries 17
made to an elected official, staff, or other government official of the local 18
government. 19
(3) This subsection does not affect an applicant’s right to 20
appeal an adverse zoning decision. 21
(c)(1) A local government shall not require excessive fees for permit 22
applications or approvals. 23
(2) Fees over five hundred dollars ($500) are presumptively 24
excessive. 25
(d) A local government shall not require: 26
(1) Permit applicants to pay for an unreasonable number of 27
studies on the proposed dwelling unit; or 28
(2) Studies at an unreasonable expense. 29
(e) An obligation imposed as a condition of the issuance of a permit 30
for a dwelling unit shall: 31
(1) Bear a clear nexus to the project or use for which the 32
permit is issued; and 33
(2) Be expressly stated by the issuing authority at the time of 34
the issuance of the permit and shall not be modified thereafter. 35
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14-1-710. Variances for use or construction of dwelling units and 1
secondary dwelling units —— Unreasonable delays and fees prohibited. 2
(a)(1) A request for a variance related to the use or construction of 3
a dwelling unit shall be deemed approved if not denied within sixty (60) 4
days. 5
(2) A request for a variance related to the use or construction 6
of a secondary dwelling unit shall be deemed approved if not denied within 7
thirty (30) days. 8
(b) More than two (2) hearings before a local government shall not be 9
required for a request for a variance. 10
(c) Total fees for a variance for the use or construction of a 11
dwelling unit or a secondary dwelling unit, including any amount required to 12
be held in escrow, shall not exceed five hundred dollars ($500). 13
(d) An obligation imposed as a condition of the issuance of a variance 14
for the use or construction of a dwelling unit of a secondary dwelling unit 15
shall: 16
(1) Bear a clear nexus to the use or construction for which the 17
variance is issued; and 18
(2) Be expressly stated by the local government at the time of 19
the issuance of the variance and shall not be modified thereafter. 20
21
14-1-711. Parking restrictions. 22
The construction of a dwelling unit shall not be conditioned on minimum 23
parking requirements if the dwelling unit is within one half (1/2) mile of a 24
public transportation stop. 25
26
14-1-712. Home occupations. 27
(a)(1) Except as provided under subsection (b) of this section, a home 28
occupation shall be allowed without a permit in all residential zoning 29
districts, unless the home occupation would result in a nuisance. 30
(2) A home occupation shall be allowed in a dwelling unit or a 31
secondary dwelling unit by a resident of the dwelling unit or the secondary 32
dwelling unit. 33
(3) A local government shall provide a person operating a home 34
occupation that is allegedly in violation of this subsection with notice and 35
an opportunity to be heard before restricting or prohibiting the home 36 SB456
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occupation. 1
(b)(1) A local government may establish reasonable restrictions on the 2
operation of home occupations to prevent a nuisance. 3
(2) A reasonable restriction under subdivision (b)(1) of this 4
section does not include: 5
(A) Prohibitions on storing inventory or using equipment 6
on the premises, including outside the home, unless the inventory or 7
equipment usage is a genuine public safety hazard or other nuisance; 8
(B)(i) Except as provided in subdivision (b)(2)(B)(ii) of 9
this section, prohibitions on a customer from visiting the dwelling where the 10
home occupation is located. 11
(ii) Reasonable restrictions on parking and the 12
number of daily or weekly customers shall be allowed; 13
(C) Prohibiting two (2) or fewer nonresident employees 14
from working at the home occupation; 15
(D) Requirements for structural modifications for a home 16
occupation; 17
(E) Restrictions on the amount of floor space the home 18
occupation may use; 19
(F) Categorical prohibitions on certain types of home 20
occupations, unless those businesses would inherently cause a nuisance; 21
(G) Prohibitions on home occupations used for charitable 22
purposes; and 23
(H) Limits on the number of home occupations in one (1) 24
dwelling. 25
26
14-1-713. Other uses in commercially zoned districts. 27
Subject to the local powers reserved in this subchapter and unless 28
otherwise provided by law, a local government shall not prohibit or restrict: 29
(1) Residential uses in commercial zones; or 30
(2) Commercial or noncommercial uses for charitable purposes in 31
commercial zones. 32
33
14-1-714. Retail restrictions. 34
A local government shall not: 35
(1) Limit or restrict the number of dwellings or dwelling units 36 SB456
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that may be rented; 1
(2) Limit the amount of rent, deposits, or fees a property owner 2
may require to lease a dwelling or dwelling unit; 3
(3) Set minimum or maximum durational restrictions for rental 4
units; 5
(4) Restrict the number of unrelated residents from living 6
together, unless such residents create a: 7
(A) Genuine and demonstrable risk to public health and 8
safety; or 9
(B) Nuisance; 10
(5) Require a permit, permission, or registration to offer a 11
property for rent, unless the property offered for rent is: 12
(A) The subject of more than four (4) verified violations 13
in a rolling twelve-month period or two (2) or more verified violations in a 14
rolling thirty-day period; or 15
(B) Identified as being within the top ten percent (10%) 16
of properties with crime or disorder problems as set forth in a local 17
ordinance; or 18
(6) Establish excessive or onerous fees or taxes for a permit or 19
permission to offer a property for rent. 20
21
14-1-715. Connection of zoning ordinances to health and safety. 22
(a) All zoning ordinances shall have a real and substantial connection 23
to protecting public safety, health, or reasonable enjoyments and 24
expectations of property, including without limitation: 25
(1) Requiring the structural integrity of structures; 26
(2) Requiring safe plumbing; 27
(3) Requiring safe electricity; and 28
(4) Preventing nuisances. 29
(b) A zoning ordinance not in compliance with this section is invalid 30
and unenforceable. 31
32
14-1-716. Access to courts. 33
(a)(1) An individual or party who is allegedly harmed by a local 34
government's law, actions, or omission in violation of this subchapter may 35
challenge the law, action, or omission in state or federal court. 36 SB456
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(2) The court shall also have jurisdiction to decide any factual 1
or legal claims that were or could have been presented by the individual. 2
(b) An individual or party filing a court challenge under this section 3
shall not be required to first exhaust administrative remedies before filing 4
the challenge. 5
(c) If a court finds that a challenged local government action was 6
unambiguously foreclosed under the terms of this subchapter, the property 7
owner filing the challenge shall be entitled to an award of reasonable 8
attorney's fees. 9
(d) An ambiguity in this subchapter or a local zoning ordinance shall 10
be construed in favor of the free use of property as desired by the property 11
owner. 12
13
14-1-717. Estoppel. 14
(a) An individual or party may reasonably rely on the representations 15
of an official of local government, acting in his or her official capacity, 16
with respect to an interpretation of a relevant statute, ordinance, 17
restriction, or regulation under this subchapter. 18
(b) Estoppel shall be an affirmative defense in an action alleging 19
noncompliance with a zoning ordinance if the accused individual or party can 20
demonstrate that he or she reasonably relied on the representations of an 21
official of local government. 22
(c) A local government is estopped from bringing a code enforcement 23
action alleging noncompliance with a zoning ordinance if the accused 24
individual or party can demonstrate that the alleged violation was open and 25
known to the local government or its agents for a period of two (2) years. 26
27
14-1-718. Implementation of subchapter. 28
(a) A local government shall amend the zoning ordinances of the local 29
government to comply with this subchapter within twelve (12) months of the 30
effective date of this act. 31
(b) Failure to amend the zoning ordinances as required under 32
subsection (a) of this section shall not affect the applicability of this 33
subchapter to a local government, which shall apply upon the effective date 34
of this act. 35
(c) Failure of a local government to amend its zoning ordinances shall 36 SB456
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not prevent a property owner from fully exercising the property owner’s 1
rights under this subchapter, including the right to construct any dwellings 2
allowed as a matter of right under this subchapter. 3
4
14-1-719. Powers reserved. 5
(a) This subchapter does not impede the ability of a property owner's 6
association or other private deed -restricted community from setting its own 7
rules and regulations for its residents. 8
(b) This subchapter does not restrict the creation of new dwellings or 9
dwelling units in nonresidential zones. 10
11
14-1-720. Construction. 12
(a) This subchapter does not restrict a local government’s police 13
powers to prohibit the use of tents, crates, or other nonpermanent 14
structures: 15
(1) In parks; 16
(2) On sidewalks; and 17
(3) In other public places. 18
(b) This subchapter does not restrict the power of a local government 19
to permit single-family dwelling units in a residential zoning district. 20
(c) This subchapter is not limited to only residential zoning 21
districts but extends to all areas that provide for permissible residential 22
uses. 23
(d) This subchapter does not restrict the power of a local government 24
to enact a zoning ordinance more permissive than those set forth in this 25
subchapter. 26
27
SECTION 2. Arkansas Code § 14 -56-204(c)(1), concerning the definitions 28
related to prohibited municipal regulation of residential building design 29
elements, is amended to read as follows: 30
(c)(1) As used in this section, “residential building design elements” 31
means: 32
(A) Exterior building color; 33
(B) Type or style of exterior cladding material; 34
(C) Style or materials of roof structures, roof pitches, 35
or porches; 36 SB456
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(D) Exterior nonstructural architectural ornamentation; 1
(E) Location, design, placement, or architectural styling 2
of windows and doors, including garage doors and garage structures; 3
(F) The number and types of rooms; 4
(G) The interior layout of rooms; and 5
(H) The minimum square footage of a structure ; and 6
(I) Architectural building style, including a requirement 7
or prohibition on a certain architectural style of home . 8
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