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Benton County, AR Building Setbacks & Zoning: Setback Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Arterial road setback
65 ft from centerline
Collector road setback
55 ft from centerline
Local road setback
50 ft from centerline
Alternate minimum
25 ft from property line
Variance authority
County planning board

Summary

Benton County bars any manmade structure from within 50 to 65 feet of a road's centerline, with the exact distance set by whether the road is arterial, collector, or local.

These county ordinances apply to unincorporated areas of Benton County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

No manmade structure shall be constructed within the following minimum setback areas: (1)Arterial roads. 65 feet measured from the centerline of the fronting road or 25 feet from the fronting property line, whichever is greater. (2)Collector roads. 55 feet measured from the centerline of the fronting road or 25 feet from the fronting property line, whichever is greater. (3)Local roads. 50 feet measured from the centerline of the fronting road or 25 feet from the fronting property line, whichever is greater. (b)Existing subdivisions which have been approved by the county prior to the effective date of the ordinance from which this section derives with a lesser setback than required in this section shall be permitted to observe the setback as shown on the recorded plat. (Code 1993, § 54-58; Ord. No. 86-27, art. II, 11-13-1986; Ord. No. 04-09, §§ 1, 2, 4-8-2004)

Full Breakdown

Under Article III of Chapter 54 (Planning and Development), no structure may be built within a set distance of the road: 65 feet from centerline (or 25 feet from the property line, whichever is greater) on arterial roads, 55 feet on collector roads, and 50 feet on local roads. Subdivisions platted before the 1986 ordinance keep the setback shown on their recorded plat. The county planning board can grant a variance for undue hardship unique to the property, and violations are misdemeanors enforced through the county judge's office starting 30 days after written notice, with each day counted as a separate offense.

Violations & Fines

Building inside the setback is a misdemeanor under Sec. 54-57, penalized under Sec. 1-9, with each day of continued violation counted as a separate offense starting 30 days after written notice.

Frequently Asked Questions

Does this setback apply inside Bentonville or Rogers?
No, Chapter 54's setback article governs unincorporated Benton County only; incorporated cities set their own building setbacks separately.
What if my lot was platted before this rule existed?
Subdivisions approved before the 1986 ordinance may keep the setback shown on their recorded plat, even if smaller than the current minimum.
Can I get a variance from the setback?
Yes, the county planning board may vary the requirement for undue hardship unique to the property, if consistent with the article's intent.

Sources & Official References

Other rules in Benton County

All Benton County rules

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