Local control is a cornerstone of American democracy, allowing communities to make decisions that best reflect their unique needs and values. This principle empowers citizens to have a direct impact on the policies that affect their daily lives, from zoning regulations to public safety measures. However, there has been a growing trend of state legislatures introducing preemption bills that threaten to erode the function and purpose of local government. 

Arkansas’s preemption efforts during this year’s legislative session show a clear pattern of the state legislature stepping in to limit local government authority. Although Arkansas’s approach feels more cautious and incremental compared to some other states, a shifting of power away from local control to the state continues to be the trajectory we are on.

Housing and Zoning Rules Were a Big Focus  

The legislature seemed willing to pass smaller, specific bills — like limiting cities’ ability to regulate accessory dwelling units (HB1503) or municipal planning in unincorporated areas (HB1510) — but they hesitated on bigger, sweeping changes. For example, SB456, which would have eliminated single-family zoning and allowed tiny homes and duplexes everywhere, was sent for further study instead of moving forward. This shows that Arkansas isn’t ready to make dramatic changes like some states have done but is still willing to chip away at local control over housing.  

Bill	Summary	Status/Notes
SB456	“Home Opportunities Made Easier Act”: Would have removed single-family zoning; stripped design criteria; required cities to allow a wide range of housing types (tiny homes, duplexes, etc.).	Recommended for interim study
HB1754	“Private Property Protection Act”: Would have prohibited certain property use restrictions by government; aimed to limit local zoning authority.	Failed to advance before the legislature adjourned
HB1510	Repeals municipal authority over unincorporated county areas.	Signed into law as Act 314
HB1503	Prohibits cities from regulating Accessory Dwelling Units (ADUs).	Signed into law as Act 313
HB1448	Would have amended the law on municipal planning areas, requiring notice and compensation to property owners.	Filed but never heard in committee

Rental Market Rules and Short-Term Rentals 

The state passed SB91, which prevents cities from regulating rental application fees or deposits. This fits into a larger national trend where state governments are siding with property owners and landlords over tenants. Arkansas already has a track record of this, as it is the only state to not have a warranty of habitability for tenants (here’s an article AACF published about warranty of habitability back in 2021). States like Florida and Ohio have done similar things recently, and Arkansas seems to be following the pro-property owner playbook.  

Short term rentals (STRs), often referred to collectively as Airbnbs, were a particularly divisive issue this session. Many developers and those profiting from STR properties attempted to prohibit localities from capping the number of STRs or regulating other aspects such as defining zoning areas allowing STRs. Many came out to speak against these bills, including city officials from Hot Springs who have been working on their STR policy for over two years. We can expect this divisive issue to come up again. 

Bill	Summary	Status/Notes
SB91	Preempts local regulation of rental application fees or deposits.	Signed into law as Act 459
HB1445	Would have regulated short-term rentals by local governments.	Recommended for    Interim Study
HB1790	Would have amended the law on local regulation of short-term rentals; was proposed as a compromise to HB1445.	Failed in House

Blocking Local Innovative Policies 

Several bills targeted local governments with innovative policy solutions. For example, HB1706 bans ranked-choice voting; SB520 prohibits diversity, equity, and inclusion (DEI) offices in local governments, and HB1789 restricts cities from funding municipal ID programs. These kinds of preemptions are becoming more common nationwide, especially in states where there’s a trifecta of the Executive, Legislative, and Judiciary being politically aligned with a single party. It is here where we strongly see state legislatures stifling innovative policy at the local level. There is a term that some use for this in Arkansas: a “Fayette-bill.”  

Bill	Summary	Status/Notes
HB1706	Prohibits ranked-choice voting.	Signed into law as Act 829
HB1683	Prohibits local governments from purchasing EVs/components from manufacturers using forced labor.	Signed into law as Act 924
HB1789	Restricts local governments from funding the issuance of IDs if the ID program does not require applicants to provide proof of lawful presence in the United States.	Signed into law as Act 605
SB520	Prohibits DEI offices, officers, and policies in local government.	Signed into law as Act 747
HB1973	Would have prohibited the use of state/local funds for contracts with lobbyists for lobbying; would have allowed the direct employment of lobbyists.	Failed to advance before the legislature adjourned
SB394	Would have amended the allocation/distribution of county sales and use tax for capital improvements.	Failed to advance before the legislature adjourned
HB1936	Would have allowed municipalities to opt out of partisan elections.	Filed but never heard in committee
SB518	Would have addressed floodplain and stormwater management; would have limited municipal standards to FEMA minimums.	Pulled down from consideration; failed to be voted on in committee

Making Local Regulation Harder Through Red Tape  

Some of the failed bills tried to discourage cities from regulating land use by adding extra legal hurdles or requiring compensation for affected property owners (like HB1754 and HB1448). Even though these bills didn’t pass, they show an effort to make it harder for local governments to do their job without outright banning their authority.  

Bill	Summary	Status/Notes
HB1130	Would have fast-tracked permitting for residential construction; would have allowed housing improvement zones.	Filed but never heard in committee
HB1075	Preempts local governments from restricting or taxing lawn care devices based on energy source.	Signed into law as Act 146
HB1149	Would have established vegetable garden protections (based on model legislation from Wisconsin).	Failed to advance before the legislature adjourned

Overall, Arkansas seems to be taking a slower approach compared to some other states that have passed sweeping preemption laws, such as Texas’ sweeping preemption bill of 2023, colloquially known as the “Death Star” bill. Instead of going all-in on big changes, the legislature focused on smaller changes that chip away at local control over housing, rentals, and progressive policies. But even these smaller changes are adding up — and they’re shifting more power away from cities and counties toward the state government.