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Arkansas Statewide Rule

Arkansas Limits on City Regulation of Fence and Building Materials

Few RestrictionsApplies statewide across Arkansas (2026)

Key Facts

Governing statute
Ark. Code 14-56-204
Enacted
Act 1071 of 2019
Scope
One/two-family dwellings statewide
Preempted items
Cladding, roof, color, ornamentation
Key exceptions
Historic districts, building codes
Last verified: September 5, 2026Source: Justia Law

Summary

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.

A municipality shall not regulate residential building design elements. (c) (1) As used in this section, "residential building design elements" means: (A) Exterior building color; (B) Type or style of exterior cladding material; (C) Style or materials of roof structures, roof pitches, or porches; (D) Exterior nonstructural architectural ornamentation; (E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures; (F) The number and types of rooms; (G) The interior layout of rooms; and (H) The minimum square footage of a structure. (2) As used in this section, "residential building design elements" does not include: (A) The height, bulk, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors. (3) As used in this section, "existing property" means land within a geographic boundary or district as defined by a municipal policy, regulation, or ordinance on or before February 28, 2019. (d) This section does not apply to: (1) A structure located in an area designated as a local historic district under applicable state law; (2) A structure located in an area designated as a historic district on the National Register of Historic Places;

Full Breakdown

Act 1071 of 2019, codified at Ark. Code 14-56-204, prohibits Arkansas municipalities from regulating residential building design elements, including exterior building color, type or style of exterior cladding, roof materials and pitch, exterior ornamentation, window and door styling, room counts, and minimum square footage. While the statute targets buildings, fence materials are commonly addressed alongside cladding rules; cities still regulate fence height, location, and structural safety, but cannot mandate specific aesthetic materials for residential dwellings. Exceptions exist for properties in National Register or local historic districts, planned unit developments with private covenants, and properties subject to building code requirements.

Violations & Penalties

Municipal ordinances violating Section 14-56-204 are unenforceable; affected homeowners or builders may challenge enforcement in court.

Frequently Asked Questions

Can my Arkansas city require a specific fence material like brick or wrought iron?
Generally no for aesthetic reasons on residential property. Cities may regulate fence height, structural integrity, and visibility at intersections, but cannot dictate decorative material choices for one- and two-family homes.
Does the design preemption apply in historic districts?
No. Properties listed on the National Register or located in a locally designated historic district remain subject to design review and material requirements adopted by the local historic commission.

Sources

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