Applicability.
Ark. Code Ann. § 22-3-2105
in effect(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 the effective date of this act 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 the effective date of this act 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 the effective date of this section;
(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.
Source: Arkansas General Assembly, Acts of 2021-2026 (arkleg.state.ar.us)URL: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=1003.pdf&ddBienniumSession=2021%2F2021RFetched: 11/8/2026