Fort Smith's Environmental Rules: The Rules That Matter

Every city handles environmental rules a little differently. In Fort Smith, Arkansas, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Flood Zones

Fort Smith bars any development, building, filling, grading, or land alteration, inside a mapped floodplain or floodway without first obtaining a development permit from the city's floodplain administrator.

Key details: Requirement: Development permit before any floodplain work. Covers: Building, filling, grading, alteration. Issued by: City floodplain administrator. Fine: Up to $500.00 per violation.

Developing in a floodplain or floodway without the required § 11-38 permit is enforced under § 11-2: fines up to $500.00 per violation, plus the city may seek a court injunction to restrain or abate the unpermitted work.

Compared to other cities, Fort Smith takes a harder line on flood zones. The enforcement and penalty structure reflects that.

Stormwater Management

Fort Smith requires written approval from the Department of Engineering before any storm drainage facility, pipe, channel, ditch, or enclosed structure, is built, altered, or reconstructed in city subdivisions or public rights-of-way.

Key details: Approval required: Written engineering department sign-off. Covers: Pipes, channels, ditches, streams. Design standard: City storm drainage standards. Erosion control: Must meet ADEQ requirements.

Building, altering, or discharging into a drainage facility without the engineering department's written approval violates Sec. 27-506-1 and can trigger stop-work orders or permit denial until compliance is documented.

Flood Elevation Requirements

In special flood hazard areas, Fort Smith requires new and substantially improved residential structures to elevate their lowest floor at least one foot above the base flood elevation, certified by a licensed engineer, architect or surveyor.

Key details: Freeboard: 1 foot above base flood elevation. Applies to: New construction, substantial improvements. Certification: Licensed engineer, architect or surveyor. Fine: Up to $500.00 per violation.

Building below the required freeboard without floodplain administrator approval violates Chapter 11; the city can pursue a court injunction to restrain construction and violators face a fine up to $500.00 under § 11-2.

Erosion Control

Fort Smith requires a grading permit before altering one acre or more of land, or grading within 15 feet of a utility line, and mandates positive drainage, six inches of fall in ten feet, away from every building foundation.

Key details: Permit trigger: 1 acre or more disturbed. Also triggers: Grading within 15 ft of utility. Drainage: 6 inches fall per 10 feet. Standing water: Prohibited on graded sites.

Grading without the required permit triggers a stop-work order under § 11-90(e) and enforcement under § 11-90(f); general Code violations are fined up to $500.00 per day under § 1-9.

The Bottom Line

Fort Smith's environmental rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Fort Smith is broadly strict or permissive.

These rules come from Fort Smith's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.