Benton County, AR Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in Benton County, AR, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.
Key Facts
- Applies to
- commercial and non-residential development only
- Mitigation standard
- replacement tree of equal value
- Who determines value
- a landscape professional
- Minimum new/infill tree size
- 1.5 to 2-inch caliper
- Buffer tree minimums
- 2-in caliper deciduous, 5-ft conifer
- Enforcement
- certificate of occupancy withheld
Summary
Commercial and other non-residential projects in unincorporated Benton County must preserve healthy existing trees wherever possible. When a tree comes out, the developer has to plant a mitigation tree of at least equal value, sized and confirmed by a landscape professional, before the county will sign off on the project.
A. Landscaping – Benton County has developed a comprehensive set of landscaping guidelines for commercial and other non-residential development that is based on a native plan regime ... Existing healthy trees shall be preserved wherever possible. If a tree is removed, mitigation trees of at least equal value as that of the removed tree shall be provided as determined by a landscape professional. New trees that are part of a new development project and infill plantings shall be at least 1.5 to 2-inch caliper.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
The tree-preservation duty lives inside Chapter IV's landscaping and buffering standards, which the county built specifically "for commercial and other non-residential development" rather than single-family lots. The operative text reads: "Existing healthy trees shall be preserved wherever possible. If a tree is removed, mitigation trees of at least equal value as that of the removed tree shall be provided as determined by a landscape professional. 7(16)(A)). 7(16)(C)). Developers get guidance on species choice too: Appendix C's native-vegetation list is offered as a resource so replacement and buffer plantings suit Northwest Arkansas soils and climate without heavy supplemental watering.
None of this applies to a homeowner removing a tree on an individual residential lot; the mitigation duty attaches only to development projects that go through commercial or non-residential site plan review.
Violations & Fines
The ordinance ties compliance directly to occupancy: "No certificate of occupancy (CO) shall be issued for any development unless all conditions of approval have been met" (§2.5(A)), and tree mitigation is one of those conditions once the Planning Board attaches it to a site plan. Beyond a withheld CO, general violations of the ordinance carry the misdemeanor penalties under §1-9 of the county's Code of Ordinances (§2.6), and the County Judge can seek injunctive relief (§2.1.B).
Frequently Asked Questions
Do I need to replace a tree I cut down in my backyard?
How big does a replacement tree have to be?
What happens if a commercial developer removes trees without providing mitigation?
Sources & Official References
Other rules in Benton County
Compare Benton County to another location·View the Arkansas landscaping rules overview
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