FENCE RULES – BENTON (CITY), ARKANSAS

OVERVIEW

Residential fences are permitted on private property within City of Benton, subject to local regulations. For properties located outside City of Benton municipal limits, Saline County regulates fences in unincorporated areas.

City of Benton fence rules appear in the City of Benton Fence Application and Fence Regulations, the City of Benton Zoning Ordinance, Ordinance No. 34 of 1997 on obstructed intersection visibility, and the Downtown Benton Design Guidelines Manual for properties in the Benton Commercial Historic District.

This page focuses on typical single-family residential fencing. If the jurisdiction’s adopted materials do not state a specific limit or requirement, this page notes that the code does not specify one.

Compiled From the City of Benton Zoning Ordinance, Ordinance 14 of 2017; City of Benton Fence Application and Fence Regulations; City of Benton Ordinance No. 34 of 1997; and the Downtown Benton Design Guidelines Manual, as of May 2026.

GOVERNANCE

City of Benton regulates residential fences through local fence application review, zoning administration, visibility rules, easement and drainage placement limits, and historic district review where applicable.

The Office of Community Development administers zoning and building-permit review under the City of Benton Zoning Ordinance. The zoning ordinance appoints the Director of Community Development as the administrative officer responsible for administration of the zoning ordinance.

City of Benton does not publish one consolidated residential fence chapter in the zoning ordinance. Fence-specific requirements appear in the City of Benton Fence Application and Fence Regulations, while the zoning ordinance supplies administrative context for permits, plot plans, zoning districts, easements, rights-of-way, drainage, and site review.

The Benton Historic District Commission administers Certificate of Appropriateness review for exterior work within the Benton Commercial Historic District, including fences, stone walls, and other appurtenant exterior fixtures.

Ordinance No. 34 of 1997 assigns enforcement responsibility for intersection-visibility obstruction rules to police and/or code enforcement departments.

PERMIT AND APPROVAL REQUIREMENTS

• Fence Application: City of Benton uses a local fence application process for new fences, repair of an existing fence, modification of an existing fence, and fences included with a building permit.

• Plot Plan Required: A plot plan with setback information and fences clearly marked must be submitted with the fence application.

• Plot Plan Contents: The plot plan or site plan must show existing structures, property lines and setbacks, utilities and utility easements, drainage ways and drainage easements, existing fencing, proposed new fencing, gate locations, and dimensions between the fence and structures, property lines, easements, or rights-of-way.

• Building Permit When Applicable: The fence application must be completed and submitted with the building permit when applicable. The application also asks whether any fence section will be over 6 feet in height.

• Replacement and Repair: Replacement or repair of fences requires a permit and drawings showing the extent of work and locations on the property. No fee is required for this replacement or repair permit.

• Owner Consent: Fences must be located on private property and must have the consent of the owner.

• Subdivision / POA Review: For residential property that is part of a subdivision, the application asks whether the plan meets Bill of Assurance or POA requirements.

• Pool or Spa Fences: Fences used to enclose pools and spas must be at least 4 feet in height and have no more than 2 inches of clearance from the ground to the bottom of the fence.

• Historic District Certificate: Within the Benton Commercial Historic District, a Certificate of Appropriateness is required before fences, stone walls, and other appurtenant exterior fixtures are erected, altered, restored, moved, or demolished where the historic district ordinance and design review process apply.

FENCE PLACEMENT RULES

• Private Property: Fences must be located on private property and must have the consent of the owner.

• Street and Right-of-Way Setback: Fences must be located at least 5 feet from any street or public right-of-way.

• Front Lot Area: Fence sections proposed in the front of the lot and primary residence or structure are identified as a review item on the local fence application. Front-yard fencing cannot exceed 3 feet in height.

• Clear View Zone: No fence may be located within the Clear View Zone of a street intersection. The City of Benton clear-view diagram shows a 30-foot by 30-foot clear-view area at the intersection corner.

• Utility Easements: Fences are not to be located within utility easements. If a utility easement exists or is approved, a gate may be required on each end equal to the width of the easement. Damage to the fence or gates caused by utility work within the easement is the responsibility of the property owner.

• Drainage Easements: Fences may not be located within a platted drainage easement.

• Drainage Between Lots: Fences that abut back or side lot lines cannot impede natural drainage between lots or across back lot lines.

• Drainage Clearance: No grading, fill, fencing, or barrier may be placed in a manner that prohibits drainage or redirects drainage from occurring within 5 feet of any property line. Where critical-area drainage occurs along property lines, fencing must allow 3 to 4 inches of clearance to the ground.

• Utility Safety: Arkansas law requires notice through Arkansas 811 before excavation where the Arkansas Underground Facilities Damage Prevention Act applies. For fence projects that involve digging, including fence post holes, notice may be required before excavation begins. Arkansas law also includes specific exemptions, including certain agricultural-purpose posthole digging on private property outside an operator right-of-way.

FENCE HEIGHT AND VISIBILITY RULES

• Front-Yard Height: Fencing in front yards cannot exceed 3 feet in height.

• General Fence Height: Fences cannot exceed 6 feet in height unless approved by exception.

• Pool and Spa Height: Fences used to enclose pools and spas must be at least 4 feet in height and have no more than 2 inches of clearance from the ground to the bottom of the fence.

• Intersection Visibility Ordinance: Ordinance No. 34 of 1997 prohibits fences, hedges, plants, arbors, lattice work, and other structures within 20 feet of the intersection of two street lines when they obstruct, obscure, limit, or reduce reasonable driver visibility.

• Visibility Measurement: Under Ordinance No. 34 of 1997, reasonable driver visibility is measured from a point in the approaching traffic lane within 2 feet of the center line of the roadway and 25 feet back from the street line of the intersecting street, with visibility along the intersecting street for not less than 50 feet in each direction.

MATERIAL AND CONSTRUCTION LIMITS

• Finished Side Orientation: Finished surfaces of fences must face outward from the property where they front a public right-of-way.

• Pool and Spa Clearance: Fences used to enclose pools and spas must have no more than 2 inches of clearance from the ground to the bottom of the fence.

• Intersection-Visibility Fence Definition: For the intersection-visibility ordinance, “fence” means fences constructed of any material where the openings between the fence materials represent less than 70 percent of the total surface. The definition excludes wire fences where openings represent more than 70 percent of the total fence area.

• Material Type: The local fence application asks what type of fence is to be installed or repaired, but the adopted materials do not specify a general list of prohibited materials for standard residential fences.

• Historic District Materials: Within the Benton Commercial Historic District, exterior work involving fences, stone walls, and appurtenant fixtures is subject to Certificate of Appropriateness review when the historic district rules apply. The Downtown Benton Design Guidelines Manual uses the Secretary of the Interior’s Standards for Rehabilitation as the controlling standards for historic district review.

PRIVATE RESTRICTIONS

HOAs, POAs, subdivision bills of assurance, covenants, deed restrictions, private easements, architectural-review covenants, and private boundary agreements operate independently from City of Benton fence rules and may be more restrictive.

City of Benton’s fence application process expressly asks whether a residential fence that is part of a subdivision meets Bill of Assurance or POA requirements.

REVIEW AND ENFORCEMENT CONTEXT

Fence issues are typically reviewed during permit or approval review when required, and through complaint-based code enforcement. Examples include:

• Fence Application Review: New fence, repair, modification, replacement, and building-permit-linked fence work may be reviewed through the local fence application process.

• Plot Plan Review: Fence location may be reviewed against setbacks, property lines, existing structures, easements, drainage ways, gates, rights-of-way, and other site conditions shown on the required plot plan.

• Height Review: Review may address whether the fence is within the 3-foot front-yard limit, the 6-foot general height limit, or the 4-foot minimum pool/spa fence height.

• Exception Review: Fences over 6 feet may require approval by exception.

• Clear-View and Intersection Review: Review may address whether a fence is in the Clear View Zone, within the City of Benton’s 30-foot by 30-foot clear-view diagram area, or within 20 feet of intersecting street lines where Ordinance No. 34 of 1997 prohibits visibility-obstructing fences and similar obstructions.

• Street and Right-of-Way Review: Review may address the requirement that fences be at least 5 feet from any street or public right-of-way.

• Utility and Drainage Review: Review may address utility easements, platted drainage easements, natural drainage between lots, drainage across back lot lines, and required 3 to 4 inches of ground clearance where critical-area drainage occurs along property lines.

• Pool and Spa Review: Review may address pool or spa enclosure fences, including the 4-foot minimum height and 2-inch maximum ground-clearance standard.

• Historic District Review: In the Benton Commercial Historic District, review may include Certificate of Appropriateness approval for fences, stone walls, and other appurtenant exterior fixtures.

USING THIS INFORMATION

This page provides general orientation on how residential fence rules are structured and applied within City of Benton, based on publicly available materials reviewed as of May 2026.

In addition to local fence rules, certain Arkansas laws apply statewide. See Statewide Fence Laws in Arkansas.

It is not legal advice and does not replace official ordinances, permits, surveys, or professional guidance. Rules and interpretations may change, and application may vary based on zoning district, site conditions, easements, rights-of-way, floodplain status, historic district status, rural or agricultural context, and private restrictions such as HOA covenants or private agreements. Before purchasing materials or beginning construction, confirm current requirements and any site-specific limitations with the Office of Community Development and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from City of Benton staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.