Arkansas

Arkansas communities are increasingly open to accessory dwelling units as a way to address housing affordability. Little Rock and Fayetteville have adopted zoning provisions that make it easier for homeowners to add a secondary unit to their property. ADU Pass takes the complexity out of the permit process for Arkansas property owners.

769 ZIP codes
76 Counties
584 Cities

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State ADU details

State ADU law

Arkansas enacted statewide ADU preemption through HB 1503, signed by Governor Sarah Huckabee Sanders on 2025-03-18 as Act 313 of 2025. The act takes effect 2026-01-01. From that date forward, every Arkansas municipality must permit at least one accessory dwelling unit by-right on every single-family-zoned residential parcel; ADUs may not exceed the lesser of 75% of the primary dwelling's floor area or 1,000 square feet; application fees are capped at $250; cities may not require a special-use permit, public hearing, or restrictive covenant as a condition of ADU approval. Existing local ADU regulations that conflict with the act become invalid on the effective date. Cities are free to adopt MORE permissive ADU rules but may not adopt stricter ones after 2026-01-01. Arkansas became the eighth US state to enact statewide ADU preemption.

checked 2026-04-26

State financing programs

Arkansas does not operate an ADU-specific statewide loan, grant, or forgivable-loan program. The Arkansas Development Finance Authority (ADFA) is the state's housing finance agency and administers first-time-homebuyer mortgages, down-payment assistance, and the federal Low-Income Housing Tax Credit allocation. None target ADU construction directly, though an ADU-bearing primary residence can qualify for the underlying mortgage when other eligibility criteria are met. Statewide ADU programs may emerge under the Act 313 implementation framework after the 2026-01-01 effective date, but no ADU-specific ADFA program has been announced as of 2026-04-26.

checked 2026-04-26

State insurance regimes

Arkansas does not operate a state FAIR plan, wind pool, or wildfire-specific residual market. The Arkansas Insurance Department (https://insurance.arkansas.gov/) regulates standard homeowners and dwelling-fire products under the Arkansas Insurance Code (Title 23 of the Arkansas Code). The principal ADU-relevant exposures are tornado and severe convective storm: Arkansas averages roughly 39 tornadoes per year, and most homeowner policies apply a separate wind/hail percentage deductible (commonly 1-5% of dwelling coverage) that also applies to ADU damage. Wildfire risk in the Ozark and Ouachita National Forest interfaces is rising but has not produced widespread non-renewal pressure. Hard-to-insure properties use the surplus-lines market; there is no admitted insurer of last resort.

checked 2026-04-26

State housing programs

Arkansas's state-level ADU programs operate primarily through the Act 313 preemption framework (effective 2026-01-01) rather than a separate pre-approved-plan catalog or fee-waiver statute. Act 313 itself functions as an effective fee cap (the $250 application-fee ceiling) and prohibits special-use permits or public hearings as approval conditions, which together act as a state-level streamlined-review mandate. Arkansas does not operate a statewide ADU plan library; municipal pre-approved-plan programs may emerge during 2026 implementation.

checked 2026-04-26

Known state issues (2)

  • policy-review (since 2026-01) — Practitioners should verify each Arkansas municipality's current ADU ordinance and not rely solely on pre-2026 local code text. Where a city has not yet updated its ordinance, the Act 313 floor applies by default. (source)
  • policy-review (since 2025-03) — Practitioners working in unincorporated Arkansas should not assume Act 313 coverage; check county zoning (where present) and the recorded subdivision plat. (source)
Federal (United States) — ADU-relevant rules and programs

Federal ADU law

The United States has no federal statute that directly regulates accessory dwelling unit entitlement or design. Land-use authority over ADUs resides with states and local governments under the traditional police power. Federal engagement is limited to financing (Fannie/Freddie/FHA/VA/USDA), flood insurance (FEMA/NFIP), and discretionary housing programs (HUD), which are recorded in sibling sections of this file.

checked 2026-04-20

Federal financing programs

Federal housing-finance agencies and GSEs set nationwide underwriting rules that govern whether an ADU can be financed, appraised, and counted toward mortgage qualifying income. The relevant actors are Fannie Mae, Freddie Mac, FHA (HUD), VA, and USDA Rural Development.

checked 2026-04-20

Federal tax credits

There is no ADU-specific federal tax credit. ADUs may incidentally qualify for existing federal energy-efficiency and clean-energy tax credits when the ADU construction includes qualifying measures.

checked 2026-04-20

Federal housing programs

HUD administers several discretionary programs that can fund ADU-related activity at the grantee's election, but none is an ADU-specific program.

checked 2026-04-20

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