Ark. Code Ann. § 14-56-202 (2026)
Additional powers of cities of the first class, cities of the second class, and incorporated towns
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- The following enlarged and additional powers are conferred upon cities of the first class.
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A city of the first class may:
- Regulate the building of houses;
- Provide that a house or structure not be erected within the city limits except upon a permit to be issued by an officer the governing body designates; and
- Provide that a permit not be issued for the building of any house or structure deemed to be unsafe, unsanitary, obnoxious, or detrimental to the public welfare.
- The authority to appoint and remove department heads, including the building official, is governed by § 14-42-110 without regard to the classification of the city or town.
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- The following enlarged and additional powers are conferred upon cities of the second class and incorporated towns.
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A city of the second class and an incorporated town may:
- Enforce building and safety codes for the building and construction of houses and other structures;
- Provide that a house or structure not be erected before a building permit is issued by a building official the governing body designates; and
- Provide that a permit not be issued for the building of any house or structure deemed to be unsafe, unsanitary, obnoxious, or detrimental to the public welfare.
- The authority given to a city of the second class and an incorporated town under this subsection does not include the authority under § 14-56-416 unless the city of the second class or the incorporated town has adopted and filed a land use plan and corresponding zoning ordinances under § 14-56-101 et seq.
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This section does not:
- Authorize a city of the first class, a city of the second class, or an incorporated town to regulate the building of houses or structures in a manner contrary to other applicable law; or
- Restrict the authority of a city of the first class, a city of the second class, or an incorporated town under other applicable law.
History. Acts 1907, No. 352, § 1, p. 842; C. & M. Dig., § 7754; Pope's Dig., § 10053; A.S.A. 1947, § 19-2802; Acts 2005, No. 943, § 1; 2019, No. 574, § 1.
Amendments. The 2005 amendment added (b).
The 2019 amendment added “cities of the second class, and incorporated towns” in the section heading; substituted “A city of the first class may” for “They shall have the power to” in (a)(2); rewrote (a)(2)(B); substituted “Provide that a permit not be issued” for “Provide that no permit shall be issued” in (a)(2)(C); in (b), substituted “The authority to appoint” for “However, the authority to appoint”, substituted “building official, is governed” for “building official, shall be governed”, and substituted “§ 14-42-110 without regard to the classification” for “§ 14-42-110 regardless of the classification”; and added (c) and (d).
Case Notes
Construction.
Section 14-56-202 conferred upon cities of the first class the exclusive power to issue or refuse to issue building permits and to regulate the building of houses and thereby denied such power to cities of the second class, despite the general powers listed in § 14-56-201. First State Bank v. City of Elkins, 2018 Ark. 191, 546 S.W.3d 477 (2018) (answering question of law certified by the federal district court).
Billboards.
Motion to dismiss for failure to state a claim was improperly granted because a complaint filed by a lessor and a lessee sufficiently alleged that their rights or other legal relations were affected by Avoca, Ark., Ordinance No. 69 where a town was making demands regarding the removal of billboards; therefore, the lessor and the lessee were entitled to declaratory relief under § 16-111-104. They were arguing that the town lacked power to regulate the billboards at issue. Statewide Outdoor Adver., LLC v. Town of Avoca, 104 Ark. App. 10, 289 S.W.3d 111 (2008).
Building of Houses.
The authority of a city of first class to regulate the building of houses does not give the city the authority to establish a building line. City of Stuttgart v. Strait, 212 Ark. 126, 205 S.W.2d 35 (1947).
Permits.
The grant of a permit to erect a frame building is not a contract; and, until vested rights accrue under it, the city may extend its fire limits so as to prevent the erection of such building. Wilder v. City of Little Rock, 150 Ark. 439, 234 S.W. 479 (1921).
Large outside signboard constructed wholly of wood with a steel sheeting front was held to be a “structure” within the meaning of ordinance couched in the same general terms as this section. Seiz v. City of Hot Springs, 194 Ark. 544, 108 S.W.2d 897 (1937).
In an action to compel the issuance of a building permit, the findings of the chancellor denying such action will not be disturbed on a disputed fact, unless such findings are against the preponderance of the evidence. City of Little Rock v. Tate, 212 Ark. 1003, 209 S.W.2d 92 (1948).