Benton County, OR Trash & Recycling: Illegal Dumping (2026)
Key Facts
- Prohibited
- Offensive, hazardous or unsightly solid waste on private land
- Covers
- Garbage, construction debris, appliances, dead animals
- Exempt areas
- Incorporated cities, permitted disposal sites, farms
- Enforcing agency
- Health Administrator; County Counsel
- Emergency remedy
- Summary abatement if imminent danger (§ 21.215)
- Cost recovery
- Abatement costs become a lien (§ 21.220)
Summary
Storing, collecting or displaying solid waste on private property in unincorporated Benton County so it is offensive, hazardous, or creates unsightliness or odor violates BCC § 21.105. A court can order removal of the waste or, for unsightly dumping, allow the county to fence or screen it instead under § 21.210.
(1)Except as provided in subsection (2) of this section, no person shall store, collect, maintain or display on private property solid waste or waste that is offensive or hazardous to the health and safety of the public or which creates offensive odors or a condition of unsightliness. Storage, collection maintenance or display of solid wastes or wastes in violation of this subsection shall be considered a public nuisance which may be abated as provided in BCC 21.( ... 2)BCC Chapter 21 does not apply to:(a)Areas within the city limits of incorporated cities.(b)Disposal sites franchised or permitted by Benton County.(c)Agricultural operations and growing or harvesting of crops and the raising of fowls or animals. ... The Court may enjoin the defendant to comply with the Ordinance or may empower the County to abate the nuisance by removing from the subject premises all solid waste or the waste found to be the cause of the nuisance.
Full Breakdown
BCC § 21.105(1) bans storing, collecting, maintaining or displaying solid waste on private property when it is offensive or hazardous to public health and safety, or creates offensive odors or a condition of unsightliness. 'Solid waste' is defined broadly under § 21.005(6) to include garbage, rubbish, paper and cardboard, ashes, demolition and construction wastes, discarded home and industrial appliances, manure, and dead animals, so the ban covers far more than typical household trash. Section 21.105(2) carves out three exceptions: land inside an incorporated city's limits, disposal sites the county has franchised or permitted, and agricultural operations, including growing or harvesting crops and raising fowl or animals.
A violation is declared a public nuisance, and the Health Administrator investigates complaints under § 21.110, reporting any finding of reasonable cause to the Board of Commissioners. The Board can order a public hearing under § 21.115, held 15 to 40 days after notice unless there is an immediate serious hazard, to determine whether a nuisance exists. If the Board declares a nuisance under § 21.120, the County Counsel institutes a Circuit Court proceeding under § 21.205, and the court can enjoin the violator to comply or empower the county to abate the nuisance by removing the dumped waste from the property, or by fencing or screening it where the waste is merely unsightly, under § 21.210.
All abatement costs the county incurs become a lien on the property under § 21.220, and the Board can order summary, immediate abatement under § 21.215 if public health or safety is in imminent danger.
Violations & Fines
Dumping or accumulating offensive, hazardous or unsightly solid waste on private property in unincorporated Benton County violates § 21.105 and is prosecuted as a public nuisance: after a Board hearing under § 21.115, a Circuit Court can order the waste removed or screened under § 21.210, and the responsible person becomes liable for the county's abatement costs, which attach as a lien on the property under § 21.220.
Frequently Asked Questions
Is dumping trash on my own land illegal in unincorporated Benton County?
What counts as solid waste under the illegal dumping rule?
Are farms exempt from Benton County's dumping ban?
What can the county do about illegally dumped waste?
Sources & Official References
Other rules in Benton County
Compare Benton County to another location·View the Oregon trash & recycling overview
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