Arkansas Ordinances (2026)

Arkansas Act 313 of 2025 requires every municipality to permit at least one accessory dwelling unit by right on residential lots and prohibits cities from imposing parking, owner-occupancy, or design-match restrictions that exceed state limits.

Arkansas criminalizes animal cruelty and neglect under a statewide statute that applies regardless of city limits. Hoarding cases are prosecuted as cruelty, with felony exposure for aggravated abuse.

The Arkansas Apiary Act gives the State Plant Board exclusive authority to regulate honeybee health, registration, and movement. Beekeepers must register colonies and submit to inspection for diseases such as American foulbrood.

Arkansas prohibits private possession of large carnivores including big cats, bears, and great apes acquired after 2005. The Game and Fish Commission regulates native wildlife, while state law sets baseline rules cities cannot weaken.

The Arkansas Game and Fish Commission preempts wildlife feeding rules statewide, including bans on bear baiting and restrictions on deer feeding in CWD management zones. Violations carry significant fines and potential license revocation.

The Arkansas Residential Code (2021 IRC) limits one- and two-family dwellings to three stories above grade plane. The Arkansas Building Code (IBC) governs taller and commercial structures statewide. Local zoning may impose lower height limits but cannot exceed code maximums.

Arkansas imposes statewide buffer and licensing requirements on medical marijuana dispensaries. State rules mandate minimum distances from schools, churches, and daycares. Local governments may add reasonable zoning but cannot prohibit dispensaries in unrestricted commercial zones.

Arkansas prohibits all home cultivation of marijuana, including by registered medical patients. Amendment 98 and Title 5 Chapter 64 make any unlicensed cannabis growing a felony. Only state-licensed cultivation facilities may legally produce marijuana statewide.

Commercial drone operations in Arkansas require FAA Part 107 Remote Pilot certification and compliance with state critical-infrastructure and privacy laws. Federal preemption controls airspace while Arkansas regulates ground-based privacy and surveillance harms statewide.

Arkansas preempts most local drone regulation while imposing statewide criminal penalties for voyeurism, surveillance, and critical infrastructure overflights. Recreational pilots must follow FAA Part 107 hobbyist rules and Arkansas-specific privacy statutes governing imagery and trespass.

Arkansas Code 11-4-203 reserves wage regulation to the state, preempting cities and counties from setting local minimum wages above the state minimum. Local ordinances mandating higher wages are void and unenforceable statewide.

Arkansas Code 11-4-203 preempts cities and counties from mandating paid sick leave, paid family leave, or other employer-provided leave benefits. Leave policies remain a matter of state law and individual employer discretion across Arkansas.

Arkansas Code 11-4-203 preempts local governments from enacting predictive or fair-workweek scheduling rules on private employers. Scheduling practices remain governed by state law and individual employer policies across all Arkansas jurisdictions.

Arkansas regulates erosion and sediment control statewide through the NPDES construction stormwater program. Sites disturbing one or more acres must implement engineered erosion controls under DEQ oversight. Local jurisdictions may add stricter rules but cannot waive state minimums.

Arkansas participates in the National Flood Insurance Program through the Arkansas Natural Resources Commission. State law requires participating communities to adopt floodplain management ordinances meeting FEMA minimums, including elevation, anchoring, and substantial improvement rules in Special Flood Hazard Areas.

Arkansas regulates stormwater discharges through the Department of Energy and Environment Division of Environmental Quality under federal Clean Water Act delegation. Construction and industrial sites statewide must obtain NPDES general permits, with municipal MS4 systems also under state oversight.

Arkansas Code 14-56-204 preempts cities from dictating residential exterior cladding materials, roof materials, colors, and architectural ornamentation. The statute applies statewide to one- and two-family dwellings, with limited exceptions for historic districts and code-compliance.

Arkansas Code 2-39-105 governs partition fences statewide. When a neighbor encloses adjoining land using an existing fence as a partition, both owners share maintenance and repair costs. The rule applies uniformly across Arkansas, regardless of city limits.

The Arkansas Residential Code (2021 IRC) Chapter 42 governs residential swimming pool barriers statewide where adopted. Public pools fall under Arkansas Department of Health rules; single-family residential pools follow the IRC barrier and entrapment standards.

Arkansas Code 20-22-701 et seq. governs consumer fireworks sales, permitting, and seasonal use windows statewide. The State Fire Marshal licenses retailers and wholesalers, while certain safety standards apply universally.

Arkansas Code 20-22-301 and ADEQ Regulation 18 govern outdoor burning statewide. The Arkansas Forestry Division and county judges may declare burn bans during dry conditions, applying universally across affected jurisdictions.

Arkansas Code 15-78-101 et seq. establishes the Liquefied Petroleum Gas Board with exclusive statewide authority over propane storage, container standards, and dealer licensing, preempting most local regulation.

Arkansas Code 15-31-101 et seq. establishes the Arkansas Forestry Division with statewide authority to prevent and suppress wildfires on forested lands, issue burn bans, and enforce protection measures across all counties.

Arkansas issues concealed handgun carry licenses through Arkansas State Police. Enhanced licenses allow carry in additional locations. Permitless carry is also recognized for qualifying adults under state interpretation of Act 746.

Arkansas law preempts cities and counties from regulating firearms, ammunition, and components. Local rules conflicting with state law are void, with limited exceptions for public buildings and employer policies recognized by statute.

Arkansas permits open carry of handguns by qualifying adults under state interpretation of Act 746. Local governments cannot restrict open carry beyond state law due to firearms preemption codified at Arkansas Code 14-16-504.

Arkansas allows lawful adults to carry handguns in personal vehicles without a license under state law. Local governments cannot impose additional vehicle-carry restrictions due to statewide firearms preemption recognized in Arkansas Code.

All food trucks in Arkansas must hold a Mobile Food Unit permit issued by the Arkansas Department of Health. State rules cover commissary requirements, plan review, and food safety standards regardless of city.

Arkansas allows producers to sell non-potentially-hazardous homemade foods directly to consumers without licensing or inspection. The Food Freedom Act of 2021 expanded permitted venues and removed prior sales caps, preempting most local restrictions on cottage food sales.

Arkansas requires state licensing or registration for home-based child care serving non-relative children. The Department of Human Services Division of Child Care administers uniform standards statewide, preempting local licensing while preserving zoning authority over residential daycare locations.

Arkansas Code 19-11-105 requires state agencies and contractors performing public work to verify employment eligibility through E-Verify or an equivalent program. Noncompliant contractors may face debarment or contract termination.

Arkansas prohibits sanctuary policies through Act 1042 of 2021, codified at Arkansas Code 14-1-104 and following. Cities and counties limiting cooperation with federal immigration authorities risk losing state funding and discretionary grants.

Arkansas allows rainwater harvesting statewide for non-potable purposes under Arkansas Code 17-38-201. Systems must be designed by a licensed engineer, include cross-connection safeguards, and comply with the Arkansas Plumbing Code.

Arkansas statutes impose statewide civil and criminal liability for unlawfully cutting trees on another's land, including treble or double damages and protections for trees on navigable waterways under multiple Arkansas Code sections.

Aircraft noise in Arkansas is regulated almost exclusively by the Federal Aviation Administration. Local Arkansas governments and the state cannot impose flight-path or in-flight noise rules; airport proprietors may adopt limited noise compatibility measures under federal Part 150 procedures.

Arkansas law governs how abandoned, unclaimed, or junked vehicles are handled statewide. State statutes authorize towing, impoundment, lien procedures, and eventual sale or destruction once owners fail to reclaim vehicles within mandated notice periods.

Arkansas Code 18-17-901 governs eviction grounds statewide under the Residential Landlord-Tenant Act. Landlords may evict for nonpayment, material lease violations, illegal activity, or after proper notice for month-to-month tenancies.

Arkansas Code 14-54-1409 and 14-16-601 strictly prohibit any city, town, or county from enacting or enforcing rent control on private residential or commercial property. No local rent caps are permitted anywhere in Arkansas.

Arkansas Act 459 of 2025 strips cities and counties of authority to regulate rental application fees or security deposit amounts on private residential or commercial property, applying uniformly statewide.

Arkansas limits local zoning authority over agricultural operations through the Right to Farm Act and related land-use statutes. Counties and cities cannot enforce zoning that unreasonably restricts established farms protected under state agricultural law.

Arkansas Code 2-4-101 et seq. shields farms and agricultural operations from nuisance lawsuits when operations existed before nearby non-farm land uses. The law protects established farming practices from later-arriving residential or commercial neighbors.

Arkansas requires short-term rental operators to collect state sales tax (6.5%) and a 2% statewide tourism tax on all lodging rentals under 30 days, regardless of platform or local regulations.

Arkansas Code 27-67-304 prohibits political campaign signs and other private signage within state highway rights-of-way. The Arkansas Department of Transportation removes violating signs along interstates, U.S. highways, and state highways statewide.

Arkansas Code 8-9-110, enacted by Act 879 of 2021, preempts cities and counties from regulating auxiliary containers including plastic bags. Local taxes, fees, and bans on plastic bags are prohibited statewide under Arkansas law.

Arkansas Code 8-9-110 preempts local regulation of polystyrene foam cups, plates, and containers as part of the auxiliary container preemption enacted by Act 879 of 2021. Cities cannot ban or tax foam packaging statewide.

Arkansas Code 8-9-110 preempts local regulation of plastic straws and related single-use items as auxiliary containers. Cities cannot impose bans, fees, or upon-request rules different from state law on plastic straws statewide.

Act 827 of 2019 voids most homeowner association covenants that prohibit residential solar collectors. HOAs may impose reasonable aesthetic rules but cannot effectively ban rooftop solar installations.

Arkansas Code 4-89-101 et seq. (Home Solicitation Sales Act) governs door-to-door sales statewide, requiring written contracts with three-day cancellation rights and applying universally regardless of local solicitor permit requirements.

Arkansas adopts the International Swimming Pool and Spa Code through the state building code, requiring four-foot barriers, self-closing gates, and approved entrapment-prevention drains for residential and public pools statewide.

Arkansas Code 5-27-227 prohibits selling, giving, or furnishing tobacco, vapor, or alternative nicotine products to anyone under 21. Retailers must verify age and post required notices, with penalties for violations enforced statewide.

Arkansas does not impose a statewide ban on flavored tobacco or vape products beyond federal restrictions on certain cartridge-based e-cigarettes. Sales of flavored products remain legal subject to age, permit, and labeling rules.

Arkansas regulates retail sale of vapor products and e-cigarettes, requiring permits, age verification, and compliance with state tobacco laws. Sales to anyone under 21 are prohibited under Arkansas Code 5-27-227.