Applications for Permits

This information relates to descriptions on what constitutes maintenance and what constitutes construction and when permits and fees are required.

***In all cases, all property owners/contractors must contact Benton County Public Works to see if a permit is required for work completed within the right-of-way***

A Contractor or property owner should not make the determination of need of permit on their own.

Except where stated differently (but the Department must be contacted in all cases), construction items will require a permit and fee and maintenance items will not require a permit.

In general, the following constitutes construction in our professional opinion :

  • Adding/Replacement of asphalt (including work to the base)
  • Adding/Replacement of curbs or sidewalk
  • Adding ditches or sewers (including realigning)
  • Adding/Replacement of lighting or other appurtenances
  • Addition/Replacement of trees, landscaping, and fences
  • Addition or widening of shoulders
  • Addition/Replacement of culverts

In general, the following constitutes maintenance in our professional opinion :

  • Fog Seal or Crack Seal of an asphalt pavement
  • Sealant on curbs or sidewalk
  • Cleaning of or minor reshaping of ditches
  • Cleaning of sewers
  • Replacement of wires, ballasts, or bulbs in street lights
  • Trimming of trees / Mowing of the right-of-way (* A permit will be required; however, no fee will be charged. The contractor/property owner must prove there are no threated and endangered species)
  • Striping
  • Regrading of gravel roads or shoulders including addition of gravel (but no right-of-way/geometry changes)

Examples :

Gravel Road Work

Maintenance : No width change, addition and grading of lost gravel, Filling of potholes

Construction : Change in base, width, geometry of roadway

Asphalt Road

Maintenance : Filling of potholes, crack sealing, or fog sealing

Construction : Resurface of any kind with solids in the product (chip seal, asphalt, etc), Widening, Base work, etc

Notes :

1. All permitted work will be completed per County standards. Those standards may be codified or may be general policies that have been used for years without public documentation.

2. Just because an item is considered construction does not mean the County will permit it if it is against code or policy or could cause a negative effect in our professional opinion.