Benton County, AR Environmental Rules: Flood Zones (2026)
FEMA flood zone rules in Benton County, AR, also called floodplain regulations or special flood hazard area (SFHA) rules, determine flood insurance requirements and elevation standards for new construction.
Key Facts
- Applies in
- All FEMA special flood hazard areas
- Governing maps
- FIRM panels dated June 5, 2012
- Permit required from
- County floodplain administrator (county judge)
- Site posting
- Notice visible from vehicular access
- Maximum fine
- $500.00 per violation
- Continuing violation
- Up to $250.00 per day
Summary
Any construction or land alteration in a Benton County special flood hazard area needs a development permit before work starts. Sec. 38-51 requires the permit and a posted notice on site, and Sec. 38-29 applies the rule to every FEMA-mapped flood hazard area in the county.
Sec. 38-29. Lands to which this article applies. This article shall apply to all areas of special flood hazard within the jurisdiction of the county. Sec. 38-51. Development permit. A development permit shall be required to ensure conformance with this article. The permitted site shall be posted with a notice, provided by the floodplain administrator, evidencing the issuance of a development permit. Said notice shall be visible from a point of vehicular access to the property, and remain posted until the development is completed. Sec. 38-35. Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Any person, firm, or corporation who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00, for each violation.
Full Breakdown
Sec. 38-29 sets the geographic scope of Benton County's flood damage prevention article: it "shall apply to all areas of special flood hazard within the jurisdiction of the county," meaning any FEMA-mapped A or AE zone shown on the flood insurance rate maps the county adopted at Sec. 38-30, which incorporates "The Flood Insurance Study for Benton County, Arkansas and Incorporated Areas," dated June 5, 2012, along with eleven listed FIRM map panels and the older 2007 maps for areas those panels don't cover. Inside that mapped area, Sec.
to ensure conformance with this article" for essentially any development, a term the code defines broadly at Sec. 38-26 to include construction, grading, filling, drilling, mining, paving, channel work and storage of materials. The permitted site itself has to carry proof: Sec. " Sec. " The county judge serves as floodplain administrator under Sec. 38-53 and reviews each permit application against the ten factors in Sec. 38-52(b), including flood and erosion danger, drainage alteration and consistency with the county's comprehensive plan. Sec. 38-33 directs that every provision of the article be "considered as minimum requirements" and "liberally construed in favor of the county," and Sec. 38-34 makes the more restrictive rule control whenever this article conflicts with another ordinance, easement, covenant or deed restriction.
Violations & Fines
Sec. 38-35 makes it a misdemeanor to construct, locate, extend, convert or alter a structure or land in the mapped flood hazard area "without full compliance with the terms of this article," including building without the Sec. 38-51 development permit. A conviction draws a fine "not more than $500.00... for each violation," plus all court costs, and a continuing violation adds up to $250.00 for every day it is not corrected. The county can also pursue other lawful remedies beyond the fine.
Frequently Asked Questions
Do I need a permit to build in a Benton County flood zone?
Which flood maps does Benton County use?
Who decides whether my project gets a floodplain development permit?
What if my project conflicts with another restriction, like a deed covenant?
Sources & Official References
Other rules in Benton County
Compare Benton County to another location·View the Arkansas environmental rules overview
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