Under the guise of creating more housing opportunities, local control of planning and zoning is on the chopping block with SB456, which was filed Thursday, March 13 by Sen. Jim Petty (Dist. 29) and Rep. Rebecca Burkes (Dist. 11). League General Counsel and Legislative Director John Wilkerson urges every city and town official to contact the legislators in their district and encourage them to vote against this devastating legislation.

“SB456 is an undoing of your city’s zoning, planning and overall land use control abilities,” Wilkerson said. “Please tell your senators and representatives enough is enough! Make sure they know you are public servants for the residents of your cities and towns, and let them know SB456 is another unnecessary and harmful dictate from Little Rock that restricts our ability to serve our residents through local zoning authority.”

Read the bill: Arkansas Senate Bill 456: AN ACT TO CREATE THE HOME OPPORTUNITIES MADE EASIER 9 ACT; AND FOR OTHER PURPOSES.

Among the effects of this harmful legislation, SB456:

Eliminates single-family zoning. It does this by requiring the city to allow duplexes, triplexes and quadplexes in single-family zones. Moreover, a city cannot prohibit or restrict a property owner from subdividing an existing single-family lot into multiple lots for duplexes, triplexes and quadplexes.
Allows manufactured homes in all residential zones. While the language is unclear, SB456 appears to allow manufactured homes in all residential zones.
Allows “mobile tiny homes” (RVs) in all residential zones. Tiny homes under 500 square feet and on wheels are allowed in all residential zones.
Fast-tracks building permits. Any building permit for dwelling units are deemed approved if not approved or denied within 60 days—with no exceptions. And, no more than two hearings for a building permit.
Limits the amount charged for a building permit. Total permit fees cannot exceed $500.
Fast-tracks variance applications. A request for a variance related to the use or construction of a dwelling unit shall be deemed approved if not denied within 60 days—with no exceptions. And, no more than two hearings.
Prohibits restrictions on residential use in commercial zones. From the bill: “[a] local government shall not prohibit or restrict residential uses in commercial zones.”
Applies to all zones allowing residential uses. All of the above also applies to every zone in your city in which residential use is allowed.

SB456 fundamentally alters our ability to zone. Only zoning tied to “protecting public safety, health, or reasonable enjoyments” will be allowed. All others will be invalid. This is an unmanageable standard and will only lead to lawsuits and uncertainty. Please call your senators and representatives and ask them to vote “NO” on SB456. If you’re unsure of who your representatives are, visit the League’s Legislative Advocacy page for more information.