ADU Pass
Washington
Hempstead County portion
Also in: Howard County
ADU Pass helps homeowners in Washington, Hempstead County, Arkansas navigate the permit paperwork for building an accessory dwelling unit. This area covers 2 ZIP codes.
Map
ADU details
ADU legality: allowed
ADUs are now allowed by-right under Act 313 statewide. Historic Washington's NRHP district status means most new ADUs need design review through AHPP if any state-park-adjacent or grant-funded; on private parcels outside the SP boundary the project is essentially state-floor only. Hope (county seat, 10 mi southeast) handles permits for unincorporated Hempstead County construction.
Cost scenarios
| Scenario | Sq ft | Permit | Build | Total |
|---|---|---|---|---|
| minimum | 300 | $250 | $56,400 | $56,650 |
| 600 | 600 | $250 | $112,800 | $113,050 |
| midpoint | 600 | $250 | $112,800 | $113,050 |
| maximum | 1,000 | $250 | $188,000 | $188,250 |
Fee breakdown (as of 2026-04)
Permitting process
- Confirm parcel jurisdiction and state-park boundary (~7d)
Determine whether parcel is within Town of Washington corporate limits, within Historic Washington Historic District (NRHP), or unincorporated Hempstead County. The state-park boundary surrounds the historic core; private lots adjoining the park trigger Arkansas Historic Preservation Program (AHPP) review when grant or state funds are involved. - Septic / on-site wastewater design (Arkansas Department of Health) (~30d)
No municipal sewer in the Town of Washington. Designated Representative completes soil/perc evaluation; ADH issues Permit to Construct an On-Site Wastewater System. Required before structure permit can be issued. - Well permit if no shared water (Arkansas Department of Health) (~21d)
Town of Washington water service is limited; many parcels rely on private wells. Driller files Notice of Well Construction with ADH. Run in parallel with septic. - AHPP / Section 106 consultation if inside Historic District (~45d)
Arkansas Historic Preservation Program staff review elevations, materials, fenestration, and siting against the 19th-century streetscape. Period-compatible siding (board-and-batten or clapboard), no vinyl, period-style windows expected. AHPP issues a comment letter. - Town Board / Mayor zoning review (~14d)
Town of Washington has no full-time zoning officer. Zoning compliance is verified at a town board meeting or via mayor's signature on a setback affidavit. Act 313 floor (by-right ADU) governs. - Building permit through State Fire Marshal / county or contracted inspector (~21d)
Town of Washington has no in-house inspector. Building permit and inspections are performed by either the State Fire Marshal's office (for non-1-or-2-family) or a third-party AR-licensed inspector contracted by the homeowner; one- and two-family residential is enforceable but rarely staffed locally. Fee capped at $250 by Act 313. - Construction inspections (foundation, framing, MEP rough, final)
Inspector visits at foundation, framing, MEP rough-in, insulation, and final. Sprinkler is NOT required (Arkansas amendments to IRC R313). - Final inspection + ADH septic final + occupancy (~14d)
Final building inspection plus ADH septic 'Permit to Operate' issuance. ADU may be occupied once both clear.
Viability (permitted uses)
- Long-term rental: yes Long-term rental allowed; 94-resident town has minimal rental demand but Hope (10 mi away, county seat) commuter rental viable.
- Short-term rental: yes (Town of Washington has no STR ordinance; AR state lodging tax applies) STR is a real use case here - Historic Washington SP draws ~80,000 annual visitors; nearby B&B / cabin demand. Arkansas 2% state tourism tax applies; Hempstead County has no county lodging tax.
- Office rental: with-restrictions Detached office not residential ADU; would require change-of-use review.
- Home office: yes Home occupation by-right under Act 313 framework.
- Studio / workshop: yes Artist studio / craft space (Bowie-knife forge replicas, period-craft work) common in this market.
- Agriculture: yes Rural Hempstead is agricultural; livestock and crops permitted on most parcels.
- Relative support: yes Family-occupancy ADU explicitly permitted; common pattern for aging-in-place in this rural market.
Incentives
- ADFA HOME Investment Partnerships Program — Varies (income-qualified) (Owner-occupied rehabilitation in rural counties; ADUs not the primary use case but possible for accessory rental of family member.)
- Arkansas Historic Rehabilitation Income Tax Credit — 25% of qualified rehabilitation expenses (NRHP-listed structures inside Washington Historic District; new construction does not qualify but rehabilitation of existing accessory outbuildings into ADU does.)
Contacts
Staff: Hempstead County Judge (Chief executive officer for unincorporated Hempstead County), Arkansas Historic Preservation Program (Section 106 / state-review staff for Historic Washington Historic District), Arkansas Department of Health - Hempstead Local Health Unit (On-site wastewater (septic) and well permits), Historic Washington State Park (Adjacent state-park interpretive staff (NOT permitting))
Utilities
- Water: Town of Washington water (limited mains); private well otherwise · 30d connect · $1,500
- Sewer: Private septic (Arkansas Department of Health regulated) - no municipal sewer · 45d connect · $8,500
- Electric: Southwest Arkansas Electric Cooperative · 21d connect · $1,100
- Gas: CenterPoint Energy (limited service area) or propane · 30d connect
Property values & taxes
Market rent by ADU size
| Sq ft | Rent |
|---|---|
| 300 | $525/mo |
| 600 | $750/mo |
| 800 | $875/mo |
| 1,000 | $1,000/mo |
Construction timeline
Realistic total: best 8mo · typical 12mo · worst 18mo
Rural southwest Arkansas: thin GC bench; closest specialty trades (sprinkler, structural steel, geothermal) drive 60-90 mi from Texarkana or Hot Springs. Tornado-rated framing (110 mph design wind) and basement / underground storm shelter common preference adds 1-3 weeks.
Modular pathway Arkansas Manufactured Home Commission - modular plan-approval · inspectors are rare with modular
US 67/Southwest Trail corridor accommodates standard 14-foot-wide modules; Historic District streets are narrow and tree-lined - delivery into the District itself can be tight.
Financing
State ADU loans:
- ADFA Move-Up Choice Mortgage (Arkansas Development Finance Authority)
- USDA Rural Development Section 504 Repair Loan/Grant (USDA RD - Hempstead is a Section 502/504 eligible rural county) up to $40,000
Insurance impact
Tornado / hail exposure pushes AR rural premiums above national average. State-park-adjacent location may add liability rider for visitors near park land.
HOA prevalence & preemption
Hempstead County is largely fee-simple unrestricted rural land. HOAs essentially absent in Town of Washington and surrounds.
Regulatory overlays (2)
- historic-district — Washington Historic District (NRHP, listed 1972) and Historic Washington State Park boundary · +45d · +18% cost
AHPP design review for materials, massing, fenestration; period-compatible detailing required. Significant cost driver inside the District (~15-20% premium for clapboard, period windows, steep roof pitches). (map) - tornado-zone — Hempstead County is in the lower Mississippi Embayment and the broader Dixie Alley tornado corridor · +4% cost
ASCE 7-22 wind design speed 110 mph (Vult). Storm shelter common voluntary add; FEMA P-320 saferoom adds ~$4-7K. (map)
Technical envelope (climate & building code)
Climate & energy code
Building code
Amendments:
- Arkansas Fire Prevention Code Volumes I-III — State amendments remove residential fire-sprinkler mandate (R313); modify wildland-urban interface provisions; add tornado-resistant construction guidance.
Contractor market (aggregate)
Legal history (timeline)
Current ordinance: Arkansas Act 313 of 2025 (statewide ADU preemption) plus Arkansas Fire Prevention Code IRC 2018, adopted 2025-03-18, last amended 2025-03-18
- 1825-04-15 — Hempstead County established; Washington founded near Southwest Trail (other)
Washington established as a stop on the Southwest Trail; later visited by Sam Houston, Davy Crockett, and Jim Bowie en route to Texas.
Effect: Set Washington's character as a pre-Civil War crossroads and 1836 county seat; Bowie knife reportedly forged at James Black's blacksmith shop here. - 1863-09-25 — Washington becomes Confederate Arkansas state capital (other)
After Union forces took Little Rock, the pro-Confederate state government relocated and operated from the 1836 Hempstead County Courthouse in Washington until May 1865.
Effect: Cemented Washington's historic-preservation footprint that today drives state-park boundaries and AHPP review triggers. - 1939-01-01 — Hempstead County seat moves to Hope (other)
After courthouse fire and rail-corridor shift, the county seat moved from Washington to Hope (which has the rail line).
Effect: Washington declined economically; remaining 19th-century buildings preserved, eventually forming Old Washington Historic State Park (1973) / Historic Washington State Park (today). - 1973-01-01 — Old Washington Historic State Park established (other)
Arkansas Department of Parks created the state park preserving the 1836 courthouse, Sanders-Garland House, Block 0 clerk office, and surrounding 19th-century structures.
Effect: AHPP / Section 106 design review now applies to construction visible from or adjacent to state-park parcels. - 2017-01-01 — Arkansas Fire Prevention Code adopts IRC 2018 base (state-law)
Statewide Arkansas Fire Prevention Code, administered by State Fire Marshal, adopts IRC 2018 with state amendments and removes the residential fire-sprinkler mandate (R313).
Effect: All Arkansas residential construction including ADUs governed by IRC 2018 + AR amendments; no statewide sprinkler requirement for one- or two-family dwellings. - 2025-03-18 — Arkansas Act 313 of 2025 (HB 1503) - statewide ADU preemption (state-law)
Sponsored by Rep. Clowney and Sen. Hester; signed into law as Act 313, requires all Arkansas municipalities to allow at least one ADU by-right on residential lots.
Effect: Caps ADU permit fee at $250, bars owner-occupancy mandates, additional parking, aesthetic-match rules, and extra utility taps. Effective 2026-01-01. - 2026-01-01 — Act 313 ADU by-right requirement effective (state-law)
Effective date for the statewide ADU floor.
Effect: Any pre-existing town-board policies in Washington restricting ADUs are preempted to the extent stricter than Act 313.
Known issues (1)
- policy-review (since 2025-03) — Towns of Washington's size have no administrative apparatus to receive an ADU application. The practical default is mayor's-office signature plus county/state inspections; this can extend timelines despite the lenient statute. (source)
Arkansas state — ADU law and programs
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.
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.
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.
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.
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.
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.
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.
ZIP Codes
- 71859
- 71862
Post Office
- 211 Franklin St, 71862