Fort Smith's Chapter 27 UDO does not require neighbor consent to build a fence; the owner only needs to stay on their own property and meet the city's height and material rules. Boundary and cost-sharing disputes are resolved under Arkansas partition-fence law (A.C.A. 18-11-101 et seq.) and Arkansas common law of boundaries.
Fort Smith's Unified Development Ordinance (Chapter 27) regulates fence height, materials, setbacks, and corner sight-distance but does not require neighbor consent to install a fence. The fence must sit on or behind the owner's property line. Boundary disputes between adjoining owners and questions about partition fences are governed by Arkansas state law, not city code: A.C.A. 18-11-101 et seq. addresses partition fences and apportionment of cost where livestock or enclosed land is involved. Arkansas is not a strict 'fence-in' state for most settled areas, so cost-sharing for a residential privacy fence is not automatic. Best practice in Fort Smith is to order a boundary survey, document the finished side, and put any cost-sharing agreement in writing. The city Zoning Officer does not adjudicate property-line ownership; disputes go to Sebastian County Circuit Court.
Building a fence over the property line is not enforced by the city but creates private trespass and ejectment exposure under Arkansas common law. Misstating the property line on a permit application can void the permit.
Fort Smith, AR
Fort Smith's Code of Ordinances does not impose a single fixed numerical cap on household dogs and cats, but Section 4-108 (effective July 17, 2023) requires...
Fort Smith, AR
Fort Smith bans unattended feeding of stray dogs, stray cats, feral cats, deer, geese, ducks, raccoons, fowl, and other wildlife under a Chapter 4 ordinance ...
Fort Smith, AR
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Fort Smith, AR
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Fort Smith, AR
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Fort Smith, AR
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