ARKANSAS, USA — Our 5NEWS VERIFY team received a news tip claiming that a property in the River Valley is being developed on a floodplain.
We're looking into whether you can build on a floodplain in Arkansas, and if a seller needs to disclose that their property is on one.
Question
Do sellers have to disclose if their property is on a floodplain?
Sources
The Western Arkansas Planning And Development District, Inc. and the Arkansas Real Estate Commission.
Answer
The Western Arkansas Planning And Development District (WAPADD) serves as Sebastian County's appointed floodplain administrator.
Shannon Scott with the WAPADD tells 5NEWS that Arkansas does not have any laws that would require an owner to share the condition of their property when it's being sold on the market.
Scott says that includes if that property is on a floodplain.
"Currently, in Arkansas, there is no law that requires a property owner to disclose all aspects of the condition of his or her property when selling that property including whether or not it is in a floodplain," Scott explained.
"Typically, unless someone is a knowledgeable homeowner or has been a victim to flooding, they do not think about this factor."
The Arkansas Real Estate Commission calls this "seller disclosure."
If you're wondering about building on a floodplain, you can do so if you've been approved through the permitting and regulation process.
You can also add flood protection to your insurance policy, which is required if you have a mortgage through a lender that's federally insured or regulated.
However, that only applies to land inside a Special Flood Hazard Area.
If you are looking to buy property in Arkansas and are worried about floodplains, FEMA has maps on its website showing where they have been found.
So we can verify that no, a seller doesn't have to tell you about a floodplain, and yes, in some cases you can build on them if they're approved in the permitting process.
If you want a question or issue in your community verified, just text our 5NEWS team with the word "VERIFY" to the number 479-785-5000.