Fort Smith's Environmental Rules: The Rules That Matter

Every city handles environmental rules a little differently. In Fort Smith, Arkansas, there are 2 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 participates in the National Flood Insurance Program and enforces a flood damage prevention ordinance under Arkansas's Flood Loss Prevention statute (A.C.A. 14-268-101 et seq.). The Arkansas River and tributaries including Massard Creek, Mill Creek, and Vache Grasse Creek create significant Special Flood Hazard Areas, as shown by the record 40.26-foot 2019 Arkansas River flood.

Key details: State Law: A.C.A. 14-268-101 et seq.. Federal Program: FEMA NFIP. 2019 Crest: 40.26 ft (May 29, 2019). Prior Record: 38.1 ft (May 1945). Key Tributaries: Massard, Mill, Vache Grasse.

Building, filling, or substantially improving in an SFHA without a floodplain development permit violates the city ordinance and Arkansas law. FEMA can suspend Fort Smith from the NFIP, eliminating federally backed flood insurance citywide and triggering mandatory loan call-ins.

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

Stormwater Management

Fort Smith is a regulated small MS4 under Arkansas General Permit ARR040000 issued by ADEQ (now Arkansas DEQ). The city's Stormwater Ordinance and Storm Drainage Standards require erosion control on land-disturbing activities and on-site BMP maintenance by the property owner.

Key details: MS4 Permit: ARR040000 (ADEQ). State Law: A.C.A. 8-4-101 et seq.. City Standard: Storm Drainage Standards. Owner Duty: Maintain on-site BMPs. Consent Decree: 2015 EPA/DOJ (sewer SSOs).

Discharging non-stormwater into the MS4, failing to maintain a required BMP, or land-disturbance without an approved erosion-control plan violates the city ordinance and the ARR040000 permit. ADEQ can pursue civil penalties under A.C.A. 8-4-103.

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.