State Preemption of Local Zoning in Arkansas
How Arkansas state law overrides local zoning ordinances. ADU preemption, lot split preemption, and impact on city-level regulations.
Statewide ADU Preemption Applies
State law establishes statewide preemption standards that supersede local regulations. The citation and source below confirm the verified legal basis.
What Is State Preemption?
State preemption occurs when a state law overrides local government ordinances in a specific area. In land use, preemption means a city or county cannot adopt zoning rules that are more restrictive than the state standard. If a city tries to prohibit something the state law permits, the state law wins.
Arkansas actively uses preemption in housing law. The state has enacted legislation that prohibits local governments from blocking certain types of housing development — most notably accessory dwelling units (ADUs) and lot splits.
Compare all 51 jurisdictions: ADU preemption table · Short-term rental preemption table
ADU Preemption
Arkansas Act 313 of 2025 (HB1503) — codified at Ark. Code § 14-56-205, Accessory Dwelling Units · Verified September 2, 2026 · Source
This law preempts local ordinances — cities cannot impose rules stricter than the state ADU standard. Effective 2026-01-01 · Verified September 2, 2026 · Source.
What local governments cannot restrict:
- A local policy, regulation, or ordinance in effect on or after January 1, 2026 that does not comply with this section is invalid to the extent of its conflict with § 14-56-205. · Source
How Preemption Affects Arkansas Cities
State preemption applies to every incorporated city and unincorporated area in Arkansas. Select a city below to see how state preemption interacts with local zoning rules.
Source: Arkansas Act 313 of 2025 (HB1503) — codified at Ark. Code § 14-56-205, Accessory Dwelling Units. Last verified April 5, 2026. View source