Arkansas Statewide Rule
Arkansas Agricultural Zoning and Land Use Rules
Key Facts
- Right Farm Limits
- Right to Farm limits local zoning
- County Zoning Narrower
- County zoning narrower than municipal
- Cafos Require State
- CAFOs require state permits
- Farms Protected Later
- Farms protected from later zoning
Summary
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.
Any and all ordinances adopted by any municipality or county in which an agricultural operation is located making or having the effect of making the agricultural operation or any agricultural facility or its appurtenances a nuisance or providing for an abatement of the agricultural operation or the agricultural facility or its appurtenances as a nuisance in the circumstances set forth in this chapter are void and shall have no force or effect.
Full Breakdown
Arkansas Code 2-4-101 et seq. and related provisions limit local zoning authority over agricultural land uses. County zoning is generally narrower than municipal zoning under Arkansas law, and many farm activities are exempt from local land-use permitting. Established agricultural operations protected by Right to Farm cannot be zoned out of existence after the fact. Concentrated animal feeding operations remain subject to state Department of Agriculture and Department of Energy and Environment permitting, regardless of local opposition. Local rules must coexist with state agricultural protections statewide.
Violations & Penalties
Local zoning ordinances conflicting with Right to Farm protections may be unenforceable, and aggrieved farmers may seek declaratory or injunctive relief in state court.
Frequently Asked Questions
Can a county zone out an existing farm?
Who regulates large livestock operations?
Sources
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