Benton County, AR Fence Regulations: Height Limits (2026)

Chapter III's definition of "structure" (Section 3.4) folds fences into the general structure list but then carves out an exception: the Regulations state that "structure shall exclude fences not exceeding 7 feet in height, retaining walls not exceeding 4 feet in height, and usual farm fences built of wire and posts." Practically, that means a fence at or under 7 feet in the unincorporated county is not subject to the setback, permit and structure-placement rules that apply to buildings and other structures, while a fence taller than 7 feet is treated as a full structure and must meet those standards, including the front, side and rear setback tables in Chapter IV/V.

A separate, stricter limit applies at road intersections. Chapter V, Section 5.3(C)(12), "Sight Distance Triangle," governs public and private road circulation in new subdivisions and adopts AASHTO's "A Policy on Geometric Design of Highways and Streets" as the county's presumptive sight-distance standard, while giving the Road Department authority to require greater or lesser distances. Within that mandated sight triangle at an intersection, the Regulations flatly bar taller obstructions: "no landscaping, fence, utility equipment, wall or other structure in excess of thirty-six (36") inches in height above the roadway shall be constructed or maintained in the area identified as the sight triangle, nor shall any parking be allowed within the area of the sight triangle." So a fence that is otherwise exempt at 7 feet elsewhere on a lot must still drop to 36 inches or less if it falls inside a corner sight triangle.