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. Β§18-60-102 if cuts damage or kill the tree.
Fort Smith's tree-trimming rules are largely permissive on private trees but mandatory for nuisance conditions. The Fort Smith Municipal Code Chapter 16 (Nuisances), accessible at https://library.municode.com/ar/fort_smith, authorizes the City Administrator or a designated representative to order any owner or occupant of real property within the city limits to cut weeds, grass, or dead or dying trees, and to remove dead limbs (on the ground or hanging in trees) from the property and from adjoining alleys, utility easements, rights-of-way, and drainage easements. Routine pruning of a healthy, fully private tree does not require a Fort Smith permit. The Fort Smith Streets Department maintains trees within the City right-of-way and drainage easements and does not perform work on private property. Trees and limbs encroaching on overhead distribution lines are trimmed by OG&E (the local electric utility) and partner utilities under their easement rights and 30 C.F.R. 1926 worker-safety standards. Arkansas's common-law self-help rule allows a neighbor to trim overhanging branches and intruding roots back to the property line, but cuts that damage or kill the neighbor's tree expose the trimmer to liability under Arkansas Code Β§18-60-102 (timber trespass), which provides treble damages when intent is shown or can be inferred from carelessness or recklessness. The Arkansas Urban & Community Forestry program (Arkansas Department of Agriculture, Forestry Division) provides technical assistance and Tree City USA standards.
Failure to remove dead or dying trees or dead limbs after written notice under Chapter 16 is enforced as a nuisance violation, with the City authorized to abate after seven days and recover costs as a lien under A.C.A. Β§14-54-901+. Improper self-help trimming that damages or kills a neighbor's tree triggers civil liability under Arkansas Code Β§18-60-102 (timber trespass), which provides treble damages when intent is shown or inferred from carelessness or recklessness, plus costs. Utility line-clearance pruning by OG&E and partner utilities is conducted under easement authority and is not subject to private restriction.
Fort Smith, AR
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....
Fort Smith, AR
Fort Smith's Chapter 27 UDO lists allowed residential fence materials (wood, metal tubing, wrought iron, stone, masonry, chain link, and listed vinyl/composi...
Fort Smith, AR
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...
Fort Smith, AR
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 st...
Fort Smith, AR
Fort Smith's Unified Development Ordinance (Chapter 27, including Article 27-700 General Standards and Article 27-400 Zoning Districts) generally caps reside...
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...
See how Fort Smith's tree trimming rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.