Fort Smith's Landscaping Rules: The Rules That Matter

Every city handles landscaping rules a little differently. In Fort Smith, Arkansas, there are 7 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.

Grass Height Limits

Grass and weed height in the City of Fort Smith is regulated under Chapter 16 (Nuisances) of the Fort Smith Municipal Code, with a 10-inch maximum on overgrown lots, alleys, easements, and rights-of-way. Authority flows from Arkansas Code A.C.A. §14-54-901+ (municipal weed-abatement authority). After inspection, the City Administrator orders abatement, and if not corrected within seven days, the City may file criminal charges and contract for cutting with costs collected as a property lien.

Key details: Maximum Height: 10 inches (grass and weeds). Local Authority: Fort Smith Code Chapter 16. State Authority: A.C.A. §14-54-901+. Notice Period: 7 days written notice. Enforcement: Neighborhood Services + lien.

Failure to abate within seven (7) days of written notice under A.C.A. §14-54-901 et seq. authorizes the City to mow at the owner's expense and collect the cost as a property lien, and to initiate criminal misdemeanor prosecution in Fort Smith District Court. Repeat offenders face escalating prosecution and recurring abatement liens recorded with the Sebastian County Circuit Clerk. Rental property with recurring violations can affect inspection standing through Neighborhood Services. Tenants and owners share statutory liability when the lease assigns yard maintenance to the tenant.

Tree Removal & Heritage Trees

Tree removal in Fort Smith is largely unregulated on private property. There is no general permit requirement to remove a tree on a private residential lot in Fort Smith. The Streets Department handles trees in City right-of-way and drainage easements. Dead or dying trees must be removed when ordered by the City Administrator under Chapter 16 (Nuisances). Land-development projects may face additional tree-protection conditions under Chapter 27 (Unified Development Ordinance) and PA-like AR State erosion-control review.

Key details: Private Lot Permit: None required. ROW Trees: Streets Department jurisdiction. Mandatory Removal: Dead/dying trees (Chapter 16). Development Sites: Chapter 27 UDO conditions. State Stormwater: ADEE NPDES (>1 acre).

Failure to remove dead or dying trees and dead limbs after written notice under Chapter 16 is enforced as a nuisance violation, with City abatement after seven days and recovery of costs as a lien under A.C.A. §14-54-901+. Removal of trees that were designated as 'to be saved' on an approved land-development plan under the Unified Development Ordinance can trigger stop-work orders and required replacement planting. Land-disturbance work over one acre without an ADEE construction stormwater permit violates Arkansas Regulation 6 with state-level civil penalties separate from Fort Smith enforcement.

The rules around tree removal & heritage trees in Fort Smith lean permissive, but that does not mean anything goes.

Tree Trimming

Trimming a wholly private tree in Fort Smith generally does not require a City permit. Under Chapter 16 (Nuisances), the City Administrator may order owners to remove dead or dying trees and dead limbs from their property and adjoining easements, rights-of-way, and alleys. The Streets Department maintains trees in the City right-of-way and drainage easements. Arkansas common-law self-help allows trimming a neighbor's overhanging branches up to the property line, subject to timber-trespass liability under A.C.A. §18-60-102 if cuts damage or kill the tree.

Key details: Private Tree Permit: None required on private property. ROW Trees: Maintained by Streets Department. Nuisance Authority: Fort Smith Code Chapter 16. Self-Help Rule: Trim to property line only. Timber Trespass: A.C.A. §18-60-102 (treble damages).

Failure to remove dead or dying trees or dead limbs after written notice under Chapter 16 is enforced as a nuisance violation, with the City authorized to abate after seven days and recover costs as a lien under A.C.A. §14-54-901+. Improper self-help trimming that damages or kills a neighbor's tree triggers civil liability under Arkansas Code §18-60-102 (timber trespass), which provides treble damages when intent is shown or inferred from carelessness or recklessness, plus costs. Utility line-clearance pruning by OG&E and partner utilities is conducted under easement authority and is not subject to private restriction.

The rules around tree trimming in Fort Smith lean permissive, but that does not mean anything goes.

Weed Ordinances

Weed control in Fort Smith operates at two levels. Locally, Chapter 16 (Nuisances) of the Fort Smith Municipal Code enforces the 10-inch grass-and-weed standard through Neighborhood Services, with abatement authority under A.C.A. §14-54-901+. At the state level, the Arkansas Plant Act (A.C.A. §2-16-101+) and the Nursery Fraud Act (A.C.A. §2-21-101+) administered by the Arkansas State Plant Board declare noxious weeds and certain plant pests a public nuisance, with priority targets including Johnson grass, nut grass, and wild garlic.

Key details: Local Standard: 10-inch grass/weed maximum. Local Authority: Fort Smith Code Chapter 16. State Plant Act: A.C.A. §2-16-101+. Nursery Fraud Act: A.C.A. §2-21-101+. State Agency: AR State Plant Board.

Failure to abate weeds after the seven-day notice under A.C.A. §14-54-901+ authorizes Fort Smith to cut at the owner's expense and lien the property, with potential misdemeanor prosecution in Fort Smith District Court. Knowingly cultivating, selling, or distributing a state-listed noxious weed violates the Arkansas Plant Act (A.C.A. §2-16-101+) and exposes the violator to State Plant Board civil penalties, quarantine, and destruction orders. Unlicensed commercial pesticide application violates the Arkansas Pesticide Use and Application Act with State Plant Board penalties separate from local code enforcement.

Water Restrictions

Fort Smith Utility Department operates a two-phase Water Conservation Plan tied to storage in the combined Lake Fort Smith / Lake Shepherd Springs reservoir on Frog Bayou. Phase I triggers when usable storage drops to 55,000 acre-feet (60%) of the 91,100 acre-foot capacity; Phase II triggers at 36,000 acre-feet (39%). Phase II prohibits lawn watering, fountain operation, pool filling, and most vehicle washing except at licensed commercial car washes on Tuesday and Friday.

Key details: Utility: Fort Smith Utility Department (city-run). Water Source: Lake Fort Smith / Shepherd Springs. Phase I Trigger: 55,000 acre-feet (60% capacity). Phase II Trigger: 36,000 acre-feet (39% capacity). Phase II Prohibits: Lawn watering, pools, fountains.

Violation of Phase II restrictions is enforced administratively by the Fort Smith Utility Department under its customer service rules and tariff. The Utility may issue warning notices, escalating surcharges, and ultimately discontinue water service to repeat violators after due process. Persistent commercial violations can trigger municipal-court prosecution alongside utility action. Essential uses (firefighting, healthcare facilities, construction-site dust control with prior approval) typically remain permitted. Outside customers connected to the Fort Smith system through wholesale contracts must comply at the wholesale-customer level.

Native Plants

Fort Smith does not mandate native-plant landscaping on private residential property. The Arkansas Native Plant Society, the University of Arkansas Cooperative Extension Service, and the Arkansas Department of Agriculture's Urban & Community Forestry program provide voluntary guidance. A maintained native or pollinator-habitat planting is distinguishable from neglected vegetation under the Chapter 16 (Nuisances) 10-inch standard. Arkansas's Right to Farm Act (A.C.A. §2-4-101+) provides nuisance protection for established agricultural operations.

Key details: Residential Mandate: None — voluntary. Local Limit: 10-inch grass/weed maximum. State Resource: AR Urban & Community Forestry. Society Resource: Arkansas Native Plant Society. Right to Farm Act: A.C.A. §2-4-101+.

Fort Smith imposes no penalties on homeowners for choosing non-native landscaping. A neglected lot can still be cited under Chapter 16 (Nuisances) for grasses and weeds over 10 inches — documentation of an intentional, maintained native-meadow plan helps establish the 'cultivated' character that takes the property out of the rank-neglect category. Arkansas's Right to Farm Act (A.C.A. §2-4-101+) preempts most nuisance suits against established agricultural operations, including those involving native-pollinator habitat tied to bona fide agricultural activity, when the operation predates the complaint by more than one year.

Fort Smith is more permissive than most cities when it comes to native plants. That said, there are still limits.

Composting

Backyard composting in Fort Smith is permitted and encouraged. The City's Solid Waste Services Department operates a curbside yard-waste program with a free city-issued 96-gallon cart (or resident-supplied 32-gallon bin), collecting grass, leaves, and brush; all material is composted at the Fort Smith Landfill composting facility, which sells finished compost to residents. Branches must be bundled, capped at 18-inch diameter and 50 pounds. Open burning is restricted under Arkansas DEQ Regulation 18 and local fire rules.

Key details: Curbside Program: Free 96-gal cart or 32-gal bin. Branch Limit: 18" diameter, 50 lb per bundle. Processing: Fort Smith Landfill compost facility. Finished Compost: Sold to residents. Open Burning: AR DEQ Reg 18 + local rules.

Improper composting that creates a documented vermin or odor nuisance is enforceable under Fort Smith Chapter 16 (Nuisances), with the City Administrator authorized to order abatement on seven days' notice under A.C.A. §14-54-901+. Placing yard waste in regular trash carts violates Solid Waste Services collection rules and exposes the customer to service warnings and potential rate adjustments. Open burning of leaves and brush violates Arkansas DEQ Regulation 18 and Fort Smith Fire Department burn-permit conditions, with state and local penalties. Branches exceeding 18 inches in diameter or 50 pounds per bundle will not be collected and must be processed through the bulk brush collection service.

Fort Smith is more permissive than most cities when it comes to composting. That said, there are still limits.

The Bottom Line

Compared to many U.S. cities, Fort Smith gives residents more room on landscaping rules. 4 of the 7 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

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.