Before You Build in Fort Smith, AR: Permit & Rule Checklist (2026)

Fort Smith requires a building permit for any fence taller than 6 feet, issued by the Building Safety Division at 623 Garrison Avenue. Shorter fences must still comply with the height, material, setback, and corner sight-triangle rules in Chapter 27 of the Unified Development Ordinance.

Fort Smith's Unified Development Ordinance (Chapter 27, including Article 27-700 General Standards and Article 27-400 Zoning Districts) generally caps residential front-yard fences at 4 feet and side and rear-yard fences at 6 feet, with up to 8 feet allowed in some districts. Fences over 6 feet require a building permit.

Fort Smith's Chapter 27 UDO lists allowed residential fence materials (wood, metal tubing, wrought iron, stone, masonry, chain link, and listed vinyl/composite) and prohibits rope, wire fabric, barbed wire, chicken wire, tarps, sheet metal, plywood, and other improvised materials in residential zones.

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.

Swimming pools in Fort Smith must comply with the 2021 International Residential Code (Appendix G) and the Arkansas Pool Safety Act (A.C.A. 20-26-301 et seq.). Barriers must be at least 48 inches high with self-closing, self-latching gates and no openings allowing a 4-inch sphere.

Fort Smith requires a building permit and inspection for every swimming pool. Permits are issued by the Building Safety Division at 623 Garrison Avenue under Chapter 6 of the Code of Ordinances and the 2021 International Residential Code as adopted by the city.

Pools in Fort Smith must comply with the federal Virginia Graeme Baker Pool & Spa Safety Act (15 U.S.C. 8003) for anti-entrapment drain covers, the 2021 IRC Appendix G for barriers and alarms, NFPA 70 Article 680 for electrical bonding and GFCI, and the Arkansas Pool Safety Act (A.C.A. 20-26-301 et seq.). Public pools also need an Arkansas Department of Health permit.

Every residential pool, hot tub, or spa deeper than 24 inches in Fort Smith must be enclosed by a barrier at least 48 inches high with self-closing, self-latching gates opening outward, under the 2021 IRC Appendix G as adopted in Chapter 6 of the Code of Ordinances and the Arkansas Pool Safety Act (A.C.A. 20-26-301 et seq.).

Converting a Fort Smith garage into habitable space (a bedroom, in-law suite, home office, or ADU) requires both (1) zoning approval under the Fort Smith Unified Development Ordinance for the change of use, since the converted area no longer functions as accessory parking and may trigger off-street parking minimums or ADU classification; and (2) a building permit under the locally adopted International Residential Code. Conversions must meet IRC Chapter 3 requirements for habitable spaces including R310 emergency egress, R305 ceiling height, R314 smoke alarms, and R315 carbon monoxide alarms, and the UDO's off-street parking minimums must still be satisfied after the garage is removed.

Fort Smith is a first-class city in Sebastian County, Arkansas (population approximately 89,000), regulating accessory dwelling units through its Unified Development Ordinance adopted in 2011. Arkansas has no statewide ADU preemption statute equivalent to California Government Code §66313 or Oregon ORS 197.312, so whether an ADU is permitted in Fort Smith is determined entirely by the local UDO under planning and zoning authority granted to Arkansas cities by A.C.A. §14-56-401 et seq. The UDO classifies dwelling units by district, and ADU permissibility (whether by right, by special use permit through the Planning Commission, or prohibited) depends on the underlying residential zone. The Fort Smith Code on Municode is the controlling local source: https://library.municode.com/ar/fort_smith.

Sheds and similar accessory structures in Fort Smith are regulated through two layers: (1) the Fort Smith Unified Development Ordinance, which sets dimensional standards by district (size, height, setbacks, lot coverage, location relative to the principal dwelling); and (2) the locally adopted International Residential Code, which under IRC R105.2 typically exempts one-story detached accessory structures of 200 square feet or less from building permit requirements but does not waive zoning compliance. Fort Smith property owners generally need a zoning permit from the Department of Development Services even when no building permit is required. The Fort Smith Code is hosted on Municode at https://library.municode.com/ar/fort_smith.

Fort Smith (Sebastian County, population approximately 89,000) regulates residential fire pits and outdoor recreational fires through the city's open-burning ordinance and the Arkansas Fire Prevention Code (2021 edition, based on the 2021 International Fire Code). Recreational fire devices must be at least 25 feet from any structure, no larger than 3 feet in diameter or 2 feet high, burn only seasoned wood, be continuously attended, and use a spark screen.

General open burning is prohibited inside the City of Fort Smith. The local fire ordinance bars bonfires, rubbish fires, leaf burning, residential debris fires, and construction or demolition debris fires anywhere within city limits. Only narrow exceptions apply: small recreational fires meeting the 3-foot by 2-foot rule, and Commercial Burn Permits issued by the Fort Smith Fire Marshal for large land clearing, controlled forest or wildlife management, fire-training, or ceremonial purposes.

Tree removal in Fort Smith is largely unregulated on private property. There is no general permit requirement to remove a tree on a private residential lot in Fort Smith. The Streets Department handles trees in City right-of-way and drainage easements. Dead or dying trees must be removed when ordered by the City Administrator under Chapter 16 (Nuisances). Land-development projects may face additional tree-protection conditions under Chapter 27 (Unified Development Ordinance) and PA-like AR State erosion-control review.

Trimming a wholly private tree in Fort Smith generally does not require a City permit. Under Chapter 16 (Nuisances), the City Administrator may order owners to remove dead or dying trees and dead limbs from their property and adjoining easements, rights-of-way, and alleys. The Streets Department maintains trees in the City right-of-way and drainage easements. Arkansas common-law self-help allows trimming a neighbor's overhanging branches up to the property line, subject to timber-trespass liability under A.C.A. §18-60-102 if cuts damage or kill the tree.

Fort Smith Utility Department operates a two-phase Water Conservation Plan tied to storage in the combined Lake Fort Smith / Lake Shepherd Springs reservoir on Frog Bayou. Phase I triggers when usable storage drops to 55,000 acre-feet (60%) of the 91,100 acre-foot capacity; Phase II triggers at 36,000 acre-feet (39%). Phase II prohibits lawn watering, fountain operation, pool filling, and most vehicle washing except at licensed commercial car washes on Tuesday and Friday.