Benton County, AR Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit-free fence height
- up to 7 feet
- Farm wire-and-post fences
- exempt at any height
- Sight-triangle limit
- 36 inches near intersections
- Governing document
- 2023 Planning and Development Regulations
- Misdemeanor fine
- up to $500 per violation
- Continuing violation fine
- up to $250 per day
Summary
In unincorporated Benton County, a fence up to 7 feet tall isn't a "structure" under the Planning and Development Regulations, so it can go up without a county permit. Anything taller crosses into the ordinance's structure definition and needs the same permit and site-plan review other structures require. Wire-and-post farm fencing is exempt at any height.
STRUCTURE – Is anything constructed or erected, the use of which requires permanent location on the ground, or attached to something having a permanent location on the ground, including but not limited to any building, dwelling, manufactured building, manufactured home, mobile home, boathouse, boat shelter, advertising signdeck, patios, fences, retaining walls, or other improvements or any part of such structure. For the purpose of this Ordinance, 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.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Benton County has no zoning in its unincorporated area, but its 2023 Planning and Development Regulations (Quorum Court Ordinance No. O-2023-53) still control what needs a permit. 4). 2), a fence over 7 feet is treated like any other structure and must clear the county's permit and site-plan requirements before construction. A fence at or under 7 feet, and any wire-and-post farm fence regardless of height, falls outside that definition and can be built without applying to the Planning Division. 6, item 12). Enforcement of both rules runs through the County Judge and Planning Board staff, who may issue a Notice of Violation, though the ordinance is explicit that an NOV isn't required before a citation or civil action follows.
Violations & Fines
Erecting a fence over 7 feet without the required permit is a misdemeanor under the ordinance's general penalty clause: a fine up to $500 per violation, doubled for each repeat offense, or up to $250 per day if the violation continues (§9.2.D). The County Judge, County Planning Board or the Prosecuting Attorney can also pursue civil enforcement, including an injunction or mandamus action, under the ordinance's enforcement authority (§2.1.B).
Frequently Asked Questions
Does a 6-foot privacy fence need a permit in unincorporated Benton County?
What height fence requires a county permit?
Are farm fences exempt no matter how tall they are?
What happens if I build an oversized fence without a permit?
Sources & Official References
Other rules in Benton County
Compare Benton County to another location·View the Arkansas fence regulations overview
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