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

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

Key Facts

Governing chapter
Ch. 151, Flood Damage Prevention
Permit trigger
Grading, fill, drainage work in flood zone
Subdivision drainage plan
Required by § 151.20(R)
Watercourse alteration notice
60 days to ANRC, adjacent communities
Appeal board
County Judge, Assessor, Realtors board member
First-offense fine
Up to $500 (§ 10.99)
Repeat-offense fine
Up to $1,000 (§ 10.99)

Summary

Sebastian County requires a floodplain development permit before any grading, filling, dredging, drainage improvement or structure placement inside a mapped special flood hazard area, and every new subdivision, business park or manufactured home park in the unincorporated county must include a drainage plan that cuts its exposure to flood hazards. The Floodplain Administrator can deny a permit if the project would change flooding patterns or erosion rates.

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

(Q) All proposals for the development of a residential subdivision, commercial business park or a manufactured home park/subdivision must have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(R) All proposals for the development of a residential subdivision, commercial business park or a manufactured home park/subdivision must include an adequate drainage plan to reduce exposure to flood hazards.

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 handles stormwater and drainage control for the unincorporated county through Chapter 151, Flood Damage Prevention, rather than a stand-alone stormwater ordinance. 12 is required before any structural development, clearing, grading, mining, drilling, dredging, placement of fill, excavating, watercourse alteration, drainage improvement, roadway or bridge construction, or individual water or sewer installation inside a mapped special flood hazard area. 20(Q) requires those same proposals to locate and build sewer, gas, electrical and water systems to minimize flood damage. 21(C)(5) adds a further duty to build in drainage paths around the structure that guide floodwaters around and away from it.

11(D), including whether the project will change flooding patterns, change erosion rates, or sweep debris onto other land, and can deny a permit on that basis. 11(G) bars any alteration that would reduce the channel's flood-carrying capacity or harm other land. 13(C) to the county's Appeal Board, made up of the County Judge, the County Assessor, and a member of the Western River Valley Board of Realtors.

Violations & Fines

Chapter 151 sets no penalty of its own, so a drainage or floodplain violation falls under the county's general penalty, Section 10.99: a fine up to $500 for a first offense and up to $1,000 for each repeat, with each day of a violation counted separately. A continuing violation caps at $250 per day, and fines go to the County General Fund. The Floodplain Administrator can also inspect developments under Section 151.11(I) and withhold a certificate of compliance until drainage work matches the approved permit.

Frequently Asked Questions

Do I need a county permit to regrade or add drainage on my land in unincorporated Sebastian County?
Only if the work sits inside a mapped special flood hazard area. Section 151.12 requires a floodplain development permit for grading, filling, excavating, drainage improvements and watercourse alteration in those zones; work outside a mapped flood zone is not covered by this chapter.
Does a new subdivision have to include a drainage plan?
Yes. Section 151.20(R) requires every proposed residential subdivision, commercial business park or manufactured home park/subdivision to include an adequate drainage plan that reduces the development's exposure to flood hazards before the county will approve it.
What happens if I alter a creek or drainage channel in the floodplain without telling anyone?
Section 151.11(F) requires the Floodplain Administrator to notify adjacent communities and the Arkansas Natural Resources Commission at least 60 days before any watercourse alteration and to document that notice for FEMA; skipping it risks permit denial and enforcement under Section 10.99.
Who can appeal a denied floodplain or drainage permit in Sebastian County?
Section 151.13(C) sends appeals to the county's designated Appeal Board, which is made up of the County Judge, the County Assessor, and a member of the Western River Valley Board of Realtors.

Sources & Official References

Other rules in Sebastian County

All Sebastian County rules

Compare Sebastian County to another location·View the Arkansas environmental rules overview

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