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Washington County, AR Right to Farm: Agricultural Zoning Protection (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Notice recorded by
County Judge, filed with Circuit Clerk
Minimum residential lot
1 acre in unincorporated zone
Zoning categories
Agricultural and single-family residential only
Other uses
Conditional use, needs Quorum Court ratification
Notice ordinance adopted
Ord. 2006-013, passed May 13, 2006
Zoning ordinance adopted
Ord. 2006-066, passed Nov. 13, 2006

Summary

Washington County records a standing notice in the Circuit Clerk's real estate records under Code of Ordinances Section 1320.05(1), warning buyers of unincorporated land that "agricultural operations may now or in the future be located in the vicinity." The county backs that notice with an actual land-use classification: Section 1320.07(3) zones every unincorporated parcel as agricultural or single-family residential, with a one-acre minimum lot unless a city's subdivision rule requires more.

City-specific rules exist: Springdale has its own agricultural zoning protection rules that differ from Washington County's county-level regulations. If you live in Springdale, check the city-specific page instead.

1) a. The County Judge shall cause a notice to be filed in the real estate records in the Office of Circuit Clerk stating the following: "If you purchase property in an unincorporated area of Washington County, you are hereby put on notice that agricultural operations may now or in the future be located in the vicinity." b. The County Judge is hereby further authorized to disseminate this chapter and said notice to the public in a manner he deems wise and expedient.

Full Breakdown

05(1)(a), the County Judge must file a recorded notice in the real estate records of the Circuit Clerk's office stating that anyone buying unincorporated Washington County property is on notice that farming, livestock or timber operations may already exist, or may later locate, nearby. 05(1)(b) lets the County Judge publicize this notice by any method he considers useful. 07 backs the notice with a real zoning act: subsection 1 declares all unincorporated portions of the county zoned per the official map kept with the County Clerk and Planning Director, and subsection 3 designates those zones as agricultural and single-family residential, with single-family lots required to run at least one acre unless a city's own subdivision regulations demand a bigger lot, in which case the larger size controls.

Subsection 4 defines "agricultural" broadly to cover livestock, poultry, apiary products, greenhouses, kennels, crop and timber production, and controlled aquaculture and silviculture operations. Any use outside those two categories is a conditional use under subsection 5, reviewed by the Zoning Board of Adjustment (which sits as the Planning Board) and ratified by the Quorum Court by ordinance. 05 was adopted by Ord. 2006-013, passed May 13, 2006, and amended by Ord. 07 was adopted by Ord. 2006-066, passed November 13, 2006, and last amended by Ord. 2015-090, passed November 23, 2015.

Violations & Fines

Section 1320.05(11) makes the rural-property-protection article amendatory to Washington County Code Section 11-51 et seq., enforceable exactly as set out in that section. Zoning-side violations under Section 1320.07 fall to the Planning Administrator and Zoning Board of Adjustment; a conditional use approved outside the agricultural/single-family classification requires Quorum Court ratification by ordinance, and Board decisions can be appealed to the Quorum Court and then to Circuit Court within thirty days.

Frequently Asked Questions

What does the county's agricultural property notice actually say?
Section 1320.05(1)(a) requires the County Judge to record language in the Circuit Clerk's real estate records stating that buyers of unincorporated Washington County property "are hereby put on notice that agricultural operations may now or in the future be located in the vicinity." It is a recorded disclosure, not a permit requirement, and it applies countywide outside city limits.
How small can a residential lot be in unincorporated Washington County?
Section 1320.07(3) sets a one-acre minimum for single-family residential lots in the county's agricultural/single-family zone. If a city's own subdivision regulations require a larger minimum for land near that city, the larger size controls instead of the county's one acre.
What happens if I want to build something other than a house or a farm use?
Anything outside agricultural or single-family residential use is a conditional use under Section 1320.07(5). It goes to the Zoning Board of Adjustment, which doubles as the Planning Board, and any approval must still be ratified by the Quorum Court through ordinance before it takes effect.

Sources & Official References

Other rules in Washington County

All Washington County rules

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