Enabling statute

Arkansas

Arkansas Code Title 14 (Local Government) — Subtitle 3, Chapter 56 (Municipal Building and Zoning Regulations — Planning), Subchapter 4 (Municipal Planning); and Subtitle 2, Chapter 17 (County Planning), Subchapter 2 (County Planning Boards)

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Summary

Arkansas has no statewide zoning regime; it follows the Standard State Zoning Enabling Act model, delegating zoning power to local governments under Title 14 (Local Government) of the Arkansas Code. Municipalities (cities of the first and second class and incorporated towns) derive authority from Subtitle 3, Chapter 56, Subchapter 4, with the operative grant of zoning power in Ark. Code Ann. § 14-56-416 (and foundational authority in § 14-56-402), letting them adopt a map-and-text zoning ordinance regulating use, height, bulk, density, lot coverage, parking, and similar matters. Counties may zone the unincorporated areas of the county through a county planning board under Subtitle 2, Chapter 17, Subchapter 2, with the parallel grant in Ark. Code Ann. § 14-17-209. Thus zoning authority in Arkansas is held concurrently by municipalities (within their limits) and counties (over unincorporated territory), each exercising it through a planning commission/board and legislative adoption.

The delegation

MUNICIPAL GRANT OF POWER — Ark. Code Ann. § 14-56-416 (Zoning ordinance): (a)(1) Following adoption and filing of the land use plan, the commission may prepare for submission to the legislative body a recommended zoning ordinance for the entire area of the municipality. (2) The ordinance shall consist of both a map and a text. (3)(A) The ordinance may regulate the location, height, bulk, number of stories, and size of buildings; open space; lot coverage; density and distribution of population; and the uses of land, buildings, and structures. (B) The ordinance may require off-street parking and loading. (C) The ordinance may provide for districts, of compatible uses, for large scale unified development, for elimination of uses not in conformance with provisions of the ordinance, and for such other matters as are necessary to the health, safety, and general welfare of the municipality. (D) The ordinance shall include provisions for administration and enforcement. (Foundational municipal authority: Ark. Code Ann. § 14-56-402 (Authority generally) empowers cities of the first and second class and incorporated towns to adopt and enforce plans for the coordinated, adjusted, and harmonious development of the municipality and its environs.) COUNTY GRANT OF POWER — Ark. Code Ann. § 14-17-209 (Zoning ordinance — Board of zoning adjustment): The county planning board shall have authority to prepare, or cause to be prepared, a zoning ordinance for all or part of the unincorporated area of the county, which ordinance shall include both a map and a text. The zoning ordinance may regulate the location, height, bulk, number of stories, and the size of building; open space; lot coverage; density and distribution of population; and the uses of land, buildings, and structures. The ordinance may require off-street parking and loading, and may provide for districts of compatible uses, for large-scale unified development, for the control and elimination of uses not in conformance with provisions of the ordinance, and for such other matters as are necessary to the health, safety, and general welfare of the county. The regulations imposed within each district or zone shall be uniform throughout the district or zone, and the determination of zones shall be consistent with any officially adopted plans for the area to be zoned.

Verification

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All citations confirmed against the current Arkansas Code of 1987 (2024 edition) on Justia and FindLaw. MUNICIPAL: Ark. Code Ann. Title 14 (Local Government), Subtitle 3 (Municipal Government), Ch. 56 (Municipal Building and Zoning Regulations - Planning), Subchapter 4 (Municipal Planning) runs exactly §§ 14-56-401 to 14-56-426 — range confirmed. § 14-56-402 ("Authority generally") grants cities of the first and second class and incorporated towns power to adopt/enforce development plans — foundational authority, confirmed. § 14-56-416 ("Zoning ordinance") is the operative grant: a commission may prepare for the legislative body a zoning ordinance of map and text regulating location, height, bulk, stories, size of buildings, open space, lot coverage, density, distribution of population, and uses of land/buildings — confirmed as the municipal zoning enabling provision. COUNTY: Title 14, Subtitle 2 (County Government), Ch. 17 (County Planning), Subchapter 2 (County Planning Boards) runs exactly §§ 14-17-201 to 14-17-212 — range confirmed. § 14-17-209 ("Zoning ordinance - Board of zoning adjustment") authorizes the county planning board to prepare a zoning ordinance (map and text) for all or part of the unincorporated area, regulating the same categories plus off-street parking/loading — confirmed as the county zoning enabling provision over unincorporated territory. AUTHORITY MODEL: county_and_municipal is accurate — municipalities zone within their limits and counties zone unincorporated areas, each through a planning commission/board with legislative adoption. Consistent with the Standard State Zoning Enabling Act delegation model; no statewide zoning regime. Both citations are current and real, not repealed. Minor (non-disqualifying) labeling nuance: the claimed title nests Subchapter 2 under a 'Chapter 17 (County Planning), Subtitle 2 (County Planning Boards)' phrasing — actually Subtitle 2 is 'County Government,' Chapter 17 is 'County Planning,' and Subchapter 2 is 'County Planning Boards.' The hierarchy labels are slightly conflated but every code section, range, and substantive characterization is correct.