Arkansas § 22-3-2105 Applicability

Arkansas Statutes

§ 22-3-2105 — Applicability

Arkansas § 22-3-2105

Title22

This text of Arkansas § 22-3-2105 (Applicability) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 22-3-2105 (2026).

Text

(a)A petition for a waiver may be authorized under § 22-3-2104(b) if the application of this subchapter interferes with the construction, maintenance, or operation of a public facility owned or managed by the Department of Parks, Heritage, and Tourism.

(b)A court of competent jurisdiction may enjoin any violation of or noncompliance with the provisions of this subchapter upon petition by a resident of the State of Arkansas or by the Arkansas History Commission.

(c)(1) A historical monument in existence on April 28, 2021, is considered a historical monument for the purposes of this subchapter.

(2)A historical monument not currently displayed by a public entity is considered a historical monument for the purposes of this subchapter.

(d)A governmental entity may request that the commissi

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A petition for a waiver may be authorized under § 22-3-2104(b) if the application of this subchapter interferes with the construction, maintenance, or operation of a public facility owned or managed by the Department of Parks, Heritage, and Tourism. (b) A court of competent jurisdiction may enjoin any violation of or noncompliance with the provisions of this subchapter upon petition by a resident of the State of Arkansas or by the Arkansas History Commission. (c) (1) A historical monument in existence on April 28, 2021, is considered a historical monument for the purposes of this subchapter. (2) A historical monument not currently displayed by a public entity is considered a historical monument for the purposes of this subchapter. (d) A governmental entity may request that the commission recognize a statue, memorial, gravestone plate, plaque, or historic flag display erected and dedicated after April 28, 2021, as a historical monument by an application process established by the rules of the commission. (e) The commission shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to: (1) Establish a process for the application for a waiver; (2) Create a process for the approval of a temporary waiver on an emergency basis; (3) Establish guidelines regarding what will be designated as a historical monument; (4) Create an application process for registering historical monuments erected after April 28, 2021; (5) Establish guidelines for the disposition of historical monuments if a waiver is granted to remove a historical monument; and (6) Otherwise effectuate the purposes of this subchapter.