Arkansas Statewide ADU Preemption Under Act 313

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.

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.