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Fort Smith, AR Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Fort Smith City Code § 22-8
Decision maker
city administrator (or board)
Notice to remove
30 days
Violation
misdemeanor, Sec. 1-9 penalty

Summary

Private use of a Fort Smith public right-of-way or easement, sheds, fences, signs, landscaping, needs a temporary revocable license approved by the city administrator under Code § 22-8.

The city administrator...is hereby granted the authority to...approve or deny temporary revocable licenses...for the purpose of allowing limited development and improvements of real property, including...temporary or portable buildings, flagpoles, light poles, fencing, signs and landscaping...within...public rights-of-way and public easements. ... It shall be unlawful for any person to begin...construction of any improvement within a public right-of-way or public easement without first obtaining a temporary revocable license from the city.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 4).

Full Breakdown

Fort Smith City Code § 22-8 lets the city administrator issue temporary revocable licenses for limited private improvements, portable buildings, flagpoles, light poles, fencing, signs, and landscaping, placed within public rights-of-way or easements. Applications go to the city administrator, who weighs traffic impact, utility access, ADA compliance, and UDO compatibility before deciding; permanent structures, pools, and other immovable improvements require board of directors approval instead. Licenses are revocable on 30 days' notice, and the licensee must remove the improvement and hold the city and utilities harmless. Building without a license is a misdemeanor punishable under the penalty set in Sec. 1-9.

Violations & Fines

Starting construction of any improvement in a public right-of-way or easement without first obtaining a § 22-8 temporary revocable license is a misdemeanor under Sec. 1-9.

Frequently Asked Questions

Can I put a fence or shed in the right-of-way in front of my Fort Smith home?
Only with a temporary revocable license from the city administrator under § 22-8: unlicensed construction in a right-of-way or easement is a misdemeanor.
Can the city make me remove a licensed improvement?
Yes, § 22-8 lets the city administrator require removal on 30 days' notice for any reason, at the licensee's expense.

Sources & Official References

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