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Benton County, AR Environmental Rules: Stormwater Management (2026)

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

Key Facts

Trigger
New address assignment (Sec. 38-1)
Fee, one acre or less
$50.00
Fee, over one acre
$100.00
Set by
Planning staff and planning board
Waiver available for
Public or quasi-public agencies
Default penalty
Up to $500.00 fine

Summary

Site work in unincorporated Benton County triggers a stormwater review: Sec. 38-1 has the planning office check every new address assignment for floodplain and stormwater applicability, and Sec. 54-5 sets the stormwater permit fee at $50.00 for one acre or less and $100.00 above that.

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.

Sec. 38-1. Required floodplain and stormwater checks. After the receipt of an address assignment, as provided in chapter 58, article III, the planning office shall determine whether the site is located in a designated floodplain, and the applicability of stormwater regulations. Notifications to affected parties of the necessity to comply with county floodplain regulations, and that state and/or county stormwater regulations may be applicable, shall be made promptly after receipt of address assignment notification. Sec. 54-5. Planning project review fees. (a) The fees for planning project review required by the current planning regulations shall be determined by planning staff and the planning board in accordance with the following schedule. Stormwater permit (one acre or less) $50.00. Stormwater permit (greater than one acre) $100.00.

Full Breakdown

Sec. " The section requires the county to notify the affected property owner "promptly after receipt of address assignment notification" that "state and/or county stormwater regulations may be applicable," which routes many projects to the state's stormwater program in addition to any county requirement. Where a stormwater permit applies, Sec. " That fee schedule is set by "planning staff and the planning board," and Sec. " The same Sec. 00 depending on the size and type of construction, so a single development project touching a floodplain can carry more than one of these planning fees at once.

Because Chapter 30 (Environment) and Chapter 58 (Roads and Bridges) do not contain a separate stormwater design ordinance, county-level stormwater control for private development in Benton County is limited to this applicability check and fee schedule; substantive drainage design standards for platted subdivision roads appear separately in the road construction specifications at Sec. 58-62, which require roadside ditches sized "according to good engineering practices" to handle runoff.

Violations & Fines

Neither Sec. 38-1 nor Sec. 54-5 states its own penalty for skipping the stormwater applicability check or the permit fee, so a violation falls to the county's general penalty, Sec. 1-9: a fine up to $500.00 for the underlying Code violation, doubled for repeat offenses, and up to $250.00 per day if the unpermitted work continues. Public and quasi-public agencies can avoid the fee itself, not the check, by applying for a waiver under Sec. 54-5(b).

Frequently Asked Questions

When does Benton County check my property for stormwater rules?
At address assignment. Sec. 38-1 requires the planning office to determine, "after the receipt of an address assignment," whether the site sits in a floodplain and whether "the applicability of stormwater regulations" reaches the project, then notify the owner promptly.
How much is a Benton County stormwater permit?
Sec. 54-5's fee schedule sets it at $50.00 for a site of one acre or less and $100.00 for anything larger. The planning board can waive the fee for a public or quasi-public agency that applies for one.
Does the county set its own stormwater design standards?
Not beyond the applicability check in Sec. 38-1 and the fee table in Sec. 54-5. The code notifies owners that "state and/or county stormwater regulations may be applicable," pointing many projects toward the state's stormwater program rather than a separate county design ordinance.
What if I skip the stormwater permit for my project?
Neither section states its own fine, so the county's general penalty in Sec. 1-9 applies: up to $500.00 for the violation, doubled for a repeat, and up to $250.00 for each day an unpermitted project continues.

Sources & Official References

Other rules in Benton County

All Benton County rules

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