Do You Need a Permit to Clear Land in Arkansas?
Clearing brush and small trees on your own land does not usually start with a permit in Arkansas. Four things change that: disturbing an acre or more, wet ground, a mapped flood zone and burning the brush. Any dirt work also starts with Arkansas 811, and contacting them is free.
The agencies make the call on each of these, so check with them before work starts. Craig Land Management is based in Monette and works about 50 miles around Jonesboro. We do the lot clearing, mulching and rough grading, and we point you to the right office for the rules.
Which Rule Applies to My Job?
One job can land in more than one row, like a subdivision lot in a flood zone.
| Your job | What usually applies | Who to ask |
|---|---|---|
| A town lot under an acre | Under the stormwater permit’s one acre line; city rules can still apply | The city planning office |
| A lot in a new subdivision | The stormwater permit can cover it through the subdivision’s larger plan | Arkansas DEQ and the developer or builder |
| Over one acre and under five, for a house or shop | Covered automatically; post the Notice of Coverage and keep the plan on site | Arkansas DEQ |
| Five acres or more | Written notice to DEQ at least ten business days ahead, with the plan and the permit fee | Arkansas DEQ |
| Wet or low ground | Section 404 can apply when clearing moves soil in wetlands or other waters | The Corps of Engineers |
| A mapped flood zone | Grading and fill count as development; flood program communities require a permit | The city or county floodplain administrator |
| Burning the brush | Allowed for on-site land clearing, unless a burn ban or local limit stops it | City or county officials |
| Any digging or grading | Contact Arkansas 811 first, at no cost | Arkansas 811 |
| A new drive off a road | An ARDOT permit on a state highway; the county on a county road | The ARDOT district office or the county judge’s office |
When Does Clearing Need a Stormwater Permit?
Arkansas DEQ’s construction stormwater permit counts clearing, grading and excavation of land as construction activity. Clearing by itself can trigger it, before any house goes up. The line is work that will disturb one acre or more of land in total.
A lot under an acre can still count. If it sits inside a larger plan of development, like a subdivision, the ground disturbed across the whole plan counts.
The size of the site sets the paperwork:
- More than one acre and under five. The site is covered automatically. The Notice of Coverage has to be posted at the site. A copy of the completed stormwater pollution prevention plan stays there too.
- Five acres or more. DEQ gets written notice, called a Notice of Intent, at least ten business days before construction starts. The completed plan and the permit fee go in with it.
If your project crosses the one acre line, talk to DEQ before the first tree comes down. For the money side of a big job, see land clearing cost per acre in Arkansas.
What If the Ground Is Wet or Low?
The federal Section 404 program covers dredged or fill material placed in waters of the United States, including wetlands. The Corps of Engineers runs the day-to-day permitting. The federal definition of a discharge includes soil redeposited during mechanized land clearing, ditching or other digging in those waters.
Cutting plants off above the ground is a different case. The definition leaves out mowing, rotary cutting and chainsawing. That holds when the work does not substantially disturb the roots or push and drag soil around. Ask the Corps where your job falls on that line.
Farms get an exemption with limits. Normal farming, forestry and ranching work, such as plowing, is exempt only as part of an established, ongoing operation. Bringing land into farming, forestry or ranching use is not part of an established operation.
Turning wet ground into new pasture falls outside the exemption. Maintaining a drainage ditch is exempt, but building a new one is not.
For a first look, Arkansas DEQ points people to the free National Wetlands Inventory map. A map is only a start. If the ground holds water, ask the Corps of Engineers before any machine goes in.
Does a Flood Zone Change the Rules?
It can. Under the federal flood insurance rules, development means any man-made change to improved or unimproved real estate. The definition names filling, grading, paving and excavation. A community in the flood insurance program must require permits for all proposed construction or other development.
Those federal rules are a minimum, and any community may adopt stricter ones. In a mapped flood zone, ask the city or county floodplain administrator before any clearing, fill or grading.
Can You Burn the Brush Pile?
Arkansas DEQ lists controlled fires used only for on-site land clearing among the open burning the state allows. Several federal and state agencies can issue burn bans that stop burning because of weather or hazards. City or county officials can also put local limits on open burning. Check for a burn ban and any local rule before lighting a pile.
Our way skips the burn question. We grind brush and small trees into mulch in place with forestry mulching. What has to leave goes out on the dump trailer.
Do You Need to Call Arkansas 811 First?
Yes, for any work that disturbs the ground. Arkansas 811 says anyone who will be disturbing the ground is required to contact it. Its examples include driveway work and ditch work.
The rough grading at the end of a clearing job counts too, like any other dirt work. There is no cost, and utility companies then have two working days to locate their lines. The work must start within 10 working days, with the marks still visible. A locate request is valid for 20 working days, not counting weekends and holidays.
The utility only marks its own lines. Any buried line behind the meter belongs to the property owner, like a water line out to a barn. Private locating companies find those for a fee.
What About a New Drive or Land in Town?
A drive onto a state highway needs an ARDOT access driveway permit before any work goes on the right-of-way. On a county road, ask the county judge’s office, which runs the county roads. Our gravel driveways page and the gravel driveway cost post cover the drive itself.
Inside city limits, a city can add its own rules on top of the state and federal ones. Ask the city planning office before the work gets scheduled. For the grading side of a home site, see what land grading costs in Arkansas.
Who Handles the Permits on a Clearing Job?
The landowner or the builder deals with the agencies. We clear, mulch and rough grade the ground, and on the free estimate we tell you which offices to call. Our lot clearing service gets a house, shop or barn site ready for the builder. Call (870) 351-5107 for a free estimate.