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Sebastian County, AR Data Centers & Crypto Mining: Data Center Zoning & Siting (2026)

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

Key Facts

Notice radius
Half-mile from parcel
Filed with
County Clerk within 30 days
Also notify
County Judge, with site location
Governing ordinance
Ord. 2023-18, passed 7-18-23
Misdemeanor fine
$1,000 per offense

Summary

Before building a data center in unincorporated Sebastian County, the owner must mail notice to every resident and HOA within a half-mile radius and notify the County Judge of the proposed site. Proof of mailing goes to the County Clerk within 30 days.

City-specific rules exist: Fort Smith has its own data center zoning & siting rules that differ from Sebastian County's county-level regulations. If you live in Fort Smith, check the city-specific page instead.

(A) Notice requirements. The property owner and operator must notify all residents within a half-mile radius of the parcel, including any affiliated homeowners' association operating within the half-mile radius, that the property owner and operator intends to build and operate a data center on the property. The notice required in this section must be mailed to all postal addresses and homeowners' association addresses contained within a half-mile radius extending from the property line where the proposed data center will be built. Proof of notification shall be filed with the County Clerk's office within 30 days of providing notice. The property owner and operator must notify the County Judge that the property owner and operator intends to build and operate a data center. The notification must include the location for the proposed data center.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-62: 2026 S-62 contains Local legislation current through April 21, 2026).

Full Breakdown

Sebastian County has no zoning code (the word never appears in its ordinances), so a data center's location is not screened through a zoning district or use-permit process. Instead, Chapter 96, adopted by Ordinance 2023-18 on July 18, 2023, imposes a pre-construction notice regime tied to the site itself. 03(A), before a data center commences construction or operation, the property owner and operator must notify all residents within a half-mile radius of the parcel, including any homeowners' association operating within that radius, of the intent to build and operate the facility.

Notice must be mailed to every postal address and HOA address within the half-mile radius measured from the property line where the data center will be built, and proof of that notification must be filed with the County Clerk's office within 30 days of mailing. Separately, the operator must notify the County Judge, including the specific location proposed for the data center. 03(C)), both of which must also be filed with the County Judge and County Clerk within 30 days of completion. Together these substitute for the siting review a zoning ordinance would otherwise provide, giving neighbors and county officials advance notice and a paper trail before ground is broken.

Violations & Fines

Failing to give the half-mile notice, failing to file proof of notice with the County Clerk within 30 days, or starting construction before completing the Section 96.03 notice steps is a misdemeanor under Section 96.99, punishable by a $1,000 fine per offense (double for repeat violations) and $500 per day for a continuing violation, plus possible injunction to halt construction under Section 96.06(C).

Frequently Asked Questions

Does Sebastian County zone where a data center can go?
No. The county's code has no zoning chapter, so there is no district map or use permit controlling data center location. Instead Section 96.03 requires half-mile neighbor notice, a sound study, and a noise attenuation plan before construction begins.
Who must be notified before a data center is built?
Every resident and any homeowners' association within a half-mile radius of the parcel, by mail, plus the County Judge with the proposed location. Proof of the mailing must be filed with the County Clerk within 30 days.
What happens if a builder skips the notice requirement?
It is a misdemeanor under Section 96.99, carrying a $1,000 fine per violation (doubled for repeats) and $500 per day if the violation continues, and the county can seek an injunction to stop the project.

Sources & Official References

Other rules in Sebastian County

All Sebastian County rules

Compare Sebastian County to another location·View the Arkansas data centers & crypto mining overview

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