Benton County, AR Environmental Rules: Erosion Control (2026)
Key Facts
- SWP3 threshold
- 1 acre or more disturbed
- Subdivision lots
- count toward whole platted area
- BMP inspection cadence
- every 7 days, or every 14
- Reviewing officer
- Environmental Affairs Officer
- Enforcement tools
- stop-work order, performance bond
- Coverage area
- MS4 unincorporated urbanized area only
- Adopted
- Quorum Court Ord. O-2023-53, 2023
Summary
Any construction site in unincorporated Benton County that disturbs an acre or more of soil, including a single lot inside a bigger subdivision, needs a certified Stormwater Pollution Prevention Plan before work starts. The county's Environmental Affairs Officer reviews it, and Planning staff won't clear the site for construction until it's filed.
This provision applies to all construction sites where construction on a site will disturb soil or remove vegetation on one (1) or more acres of land during the life of the construction project; this shall include a single lot in a subdivision regardless of size. A Stormwater Pollution Prevention Plan (SWP3) for the project must be provided and implemented by the construction site owner as follows: 1. The area disturbed shall be assumed to include the entire property area unless all applicable plans specifically exclude certain areas from disturbance. 2. The SWP3 must be provided by the owner and filed with the appropriate staffer. For sites subject to review by the Planning Board such will not be approved for construction until a duly certified SWP3 has been filed with the appropriate staffer. 3. The Environmental Affairs Officer may require revisions to the SWP3. Construction activity, including any soil disturbance or removal of vegetation, shall not commence on the site until a duly certified SWP3 has been filed with the appropriate staffer.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Chapter VIII's stormwater program requires every construction site to control erosion and sediment with Best Management Practices, and sets a hard numeric trigger for a written plan. 3(B)). 3(B)(3)). 3(C)). 3(D)(2)). 7, item 12). 4(J)).
Violations & Fines
Noncompliance draws a Notice of Violation from Planning staff, the Environmental Affairs Officer or the County Engineer, followed by a stop-work order that halts all site activity except corrective work (§8.4(D)). The county can also require a performance bond payable to Benton County, which the owner may protest to the County Judge within 15 calendar days (§8.4(F)), and the County Judge can sue for an injunction, damages, costs and attorney fees (§8.4(I)). A violation that is also a state offense is punishable under A.C.A. § 8-4-105 (§8.4(G)).
Frequently Asked Questions
Does a half-acre lot inside a subdivision need a stormwater plan?
Who reviews the SWP3 before construction can start?
How often do erosion controls have to be inspected once installed?
What can the county do if a builder ignores erosion control requirements?
Sources & Official References
Other rules in Benton County
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