# Ark. Code Ann. § 14-17-212: County regulation of residential building design elements prohibited - Findings - Exceptions - Definition > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-212 ## Section - **Citation:** Ark. Code Ann. § 14-17-212 - **Heading:** County regulation of residential building design elements prohibited - Findings - Exceptions - Definition - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 14 / Chapter 17 / Subchapter 2 / Section 14-17-212 ## Text (a) The General Assembly finds that: (1) The Fair Housing Act, 42 U.S.C. § 3601 et seq., decisions of the United States Supreme Court, and other provisions of federal law establish the principles and standards in this section; (2) It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and (3) This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law. (b) A county shall not regulate residential building design elements. (c) (1) As used in this section, "residential building design elements" means: (A) Exterior building color; (B) Type or style of exterior cladding material; (C) Style or materials of roof structures, roof pitches, or porches; (D) Exterior nonstructural architectural ornamentation; (E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures; (F) The number and types of rooms; (G) The interior layout of rooms; and (H) The minimum square footage of a structure. (2) As used in this section, "residential building design elements" does not include: (A) The height, bulk, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors. (d) This section does not apply to: (1) A structure located in an area designated as a local historic district under applicable state law; (2) A structure located in an area designated as a historic district on the National Register of Historic Places; (3) A structure designated as a local, state, or national historic landmark; (4) A regulation created by a valid private covenant or other contractual agreement among property owners relating to residential building design elements, including without limitation a cooperative contractual agreement between a property owner and a county; (5) A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes; (6) A regulation applied to manufactured housing in a manner consistent with applicable law; (7) A regulation adopted as a condition for participation in the National Flood Insurance Program; (8) A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.; (9) A multifamily residential structure or other nonsingle-family dwelling; (10) The application of a county policy, regulation, or ordinance affecting residential building design elements on an existing property on or before February 28, 2019, but not as to any other property thereafter; (11) A county policy, regulation, or ordinance derived from the county's police power and directly related to an established immediate public health or safety hazard; (12) A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq., concerning urban service districts; or (13) A policy or regulation of an overlay district, if before the policy or regulation is implemented: (A) Notice is provided to property owners of an overlay district under § 14-56-422 ; (B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and (C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq. Added by Act 2019, No. 446,§ 1, eff. 7/24/2019. rty owners of an overlay district under § 14-56-422 ; (B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and (C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq. Added by Act 2019, No. 446,§ 1, eff. 7/24/2019. (a) The General Assembly finds that: (1) The Fair Housing Act, 42 U.S.C. § 3601 et seq., decisions of the United States Supreme Court, and other provisions of federal law establish the principles and standards in this section; (2) It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and (3) This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law. (1) The Fair Housing Act, 42 U.S.C. § 3601 et seq., decisions of the United States Supreme Court, and other provisions of federal law establish the principles and standards in this section; (2) It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and (3) This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law. (b) A county shall not regulate residential building design elements. (c) (1) As used in this section, "residential building design elements" means: (A) Exterior building color; (B) Type or style of exterior cladding material; (C) Style or materials of roof structures, roof pitches, or porches; (D) Exterior nonstructural architectural ornamentation; (E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures; (F) The number and types of rooms; (G) The interior layout of rooms; and (H) The minimum square footage of a structure. (2) As used in this section, "residential building design elements" does not include: (A) The height, bulk, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors. (1) As used in this section, "residential building design elements" means: (A) Exterior building color; (B) Type or style of exterior cladding material; (C) Style or materials of roof structures, roof pitches, or porches; (D) Exterior nonstructural architectural ornamentation; (E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures; (F) The number and types of rooms; (G) The interior layout of rooms; and (H) The minimum square footage of a structure. (A) Exterior building color; (B) Type or style of exterior cladding material; (C) Style or materials of roof structures, roof pitches, or porches; (D) Exterior nonstructural architectural ornamentation; (E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures; (F) The number and types of rooms; (G) The interior layout of rooms; and (H) The minimum square footage of a structure. (2) As used in this section, "residential building design elements" does not include: (A) The height, bulk, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors. (A) The height, bulk, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors. (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors. oise; or (iii) Protect the privacy of neighbors. (A) The height, bulk, orientation, or location of a structure on a lot; or (B) Buffering or screening used to: (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors. (i) Minimize visual impacts; (ii) Mitigate the impacts of light and noise; or (iii) Protect the privacy of neighbors. (d) This section does not apply to: (1) A structure located in an area designated as a local historic district under applicable state law; (2) A structure located in an area designated as a historic district on the National Register of Historic Places; (3) A structure designated as a local, state, or national historic landmark; (4) A regulation created by a valid private covenant or other contractual agreement among property owners relating to residential building design elements, including without limitation a cooperative contractual agreement between a property owner and a county; (5) A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes; (6) A regulation applied to manufactured housing in a manner consistent with applicable law; (7) A regulation adopted as a condition for participation in the National Flood Insurance Program; (8) A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.; (9) A multifamily residential structure or other nonsingle-family dwelling; (10) The application of a county policy, regulation, or ordinance affecting residential building design elements on an existing property on or before February 28, 2019, but not as to any other property thereafter; (11) A county policy, regulation, or ordinance derived from the county's police power and directly related to an established immediate public health or safety hazard; (12) A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq., concerning urban service districts; or (13) A policy or regulation of an overlay district, if before the policy or regulation is implemented: (A) Notice is provided to property owners of an overlay district under § 14-56-422 ; (B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and (C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq. (1) A structure located in an area designated as a local historic district under applicable state law; (2) A structure located in an area designated as a historic district on the National Register of Historic Places; (3) A structure designated as a local, state, or national historic landmark; (4) A regulation created by a valid private covenant or other contractual agreement among property owners relating to residential building design elements, including without limitation a cooperative contractual agreement between a property owner and a county; (5) A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes; (6) A regulation applied to manufactured housing in a manner consistent with applicable law; (7) A regulation adopted as a condition for participation in the National Flood Insurance Program; (8) A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.; (9) A multifamily residential structure or other nonsingle-family dwelling; (10) The application of a county policy, regulation, or ordinance affecting residential building design elements on an existing property on or before February 28, 2019, but not as to any other property thereafter; ral business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.; (9) A multifamily residential structure or other nonsingle-family dwelling; (10) The application of a county policy, regulation, or ordinance affecting residential building design elements on an existing property on or before February 28, 2019, but not as to any other property thereafter; (11) A county policy, regulation, or ordinance derived from the county's police power and directly related to an established immediate public health or safety hazard; (12) A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq., concerning urban service districts; or (13) A policy or regulation of an overlay district, if before the policy or regulation is implemented: (A) Notice is provided to property owners of an overlay district under § 14-56-422 ; (B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and (C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq. (A) Notice is provided to property owners of an overlay district under § 14-56-422 ; (B) A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and (C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq. Added by Act 2019, No. 446,§ 1, eff. 7/24/2019. ## Nearby sections - [Ark. Code Ann. § 14-17-201 Construction](https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-201.md) - [Ark. Code Ann. § 14-17-202 Applicability](https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-202.md) - [Ark. Code Ann. § 14-17-203 Creation and organization](https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-203.md) - [Ark. Code Ann. § 14-17-204 Employees and facilities](https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-204.md) - [Ark. Code Ann. § 14-17-205 Powers, duties, and functions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-205.md) - [Ark. Code Ann. § 14-17-206 Purpose and content of county plan](https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-206.md) - [Ark. Code Ann. § 14-17-207 Adoption, amendment, and enforcement of official plans and implementing ordinances](https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-207.md) - [Ark. Code Ann. § 14-17-208 Subdivision, setback, and entry control ordinances](https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-208.md) - [Ark. Code Ann. § 14-17-209 Zoning ordinance - Board of zoning adjustment](https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-209.md) - [Ark. Code Ann. § 14-17-210 Unincorporated areas being developed with federal funds](https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-210.md) - [Ark. Code Ann. § 14-17-211 Appeals](https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-211.md) - [Ark. Code Ann. § 14-17-212 County regulation of residential building design elements prohibited - Findings - Exceptions - Definition](https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-212.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T14_C17_S2_S14-17-212. Check the current official text before relying on it. Not legal advice.