Arkansas Statewide Rule
Arkansas Statewide ADU Preemption Under Act 313
Key Facts
- Statute
- Act 313 of 2025
- Max size
- 1,000 sq ft or 75%
- Application fee cap
- $250
- By-right approval
- Required statewide
Summary
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.
(b) (1) Except as provided in this section, a municipality shall not adopt a policy, regulation, or ordinance that restricts, prohibits, or otherwise regulates the use of at least one (1) accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling. (2) An accessory dwelling unit may be attached, detached, or internal to the single-family dwelling on a lot or parcel. (3) If the accessory dwelling unit is detached from or attached to the single-family dwelling, it shall not be more than seventy-five percent (75%) of the gross floor area of the single-family dwelling or one thousand square feet (1,000 sq. ft.), whichever is less.
Full Breakdown
Act 313 of 2025 (House Bill 1503) creates a statewide framework for accessory dwelling units in Arkansas. Cities and counties must allow at least one ADU by right on most residential lots, meaning no public hearing, special use permit, or discretionary zoning approval may be required. ADUs may not exceed 75 percent of the primary dwelling's floor area or 1,000 square feet, whichever is smaller. Application fees are capped at $250. Local governments may not impose additional parking requirements, owner-occupancy mandates, or matching exterior design rules beyond state baselines. Conflicting municipal ordinances are invalid. The act preserves only basic utility service confirmations and existing private deed covenants.
Violations & Penalties
Municipal ordinances conflicting with Act 313 are unenforceable. Property owners denied ADU rights by local action may seek state-level remedies and challenge invalid restrictions.
Frequently Asked Questions
Can my city require owner occupancy for my ADU?
How large can my ADU be in Arkansas?
Sources
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