reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 1 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-102) › Section 15-20-102 - Liquid animal waste management systems

(a)
In consultation with the Division of Environmental Quality, the Department of Agriculture has authority over all liquid animal waste management systems in this state, including without limitation the authority to:
(1)
Promulgate rules related to liquid animal waste management systems;
(2)
Issue and modify permits related to liquid animal waste management systems;
(3)
Approve design plans and site requirements related to liquid animal waste management systems; and
(4)
Take any other action related to liquid animal waste management systems.
(b)
(1)
The department shall promulgate rules to implement this section.
(2)
In promulgating rules to implement this section, the department shall consider the Arkansas Water and Air Pollution Control Act, §
8-4-101
et seq.
(c)
(1)
An application for a new state permit for a liquid animal waste management system or an application for modification of an existing state permit for a liquid animal waste management system shall be filed with the department.
(2)
If an application for modification of an existing state permit for a liquid animal waste management system is filed with the department, only those permit conditions subject to the modification are open for review.
(3)
(A)
Except as provided in subdivision (c)(3)(B) of this section, an existing state permit for a liquid animal waste management system that is in good standing is not subject to review or third-party appeal for siting or location issues that were not raised during the applicable review or appeal period at the time of permit issuance.
(B)
Subdivision (c)(3)(A) of this section does not limit the authority of the department to address or enforce a violation of permit conditions or applicable law.
(d)
This section does not affect the authority of the:
(1)
Arkansas Natural Resources Commission under the Arkansas Soil Nutrient Application and Poultry Litter Utilization Act, §
15-20-1101
et seq.; or
(2)
Division of Environmental Quality under the Arkansas Water and Air Pollution Control Act, §
8-4-101
et seq.
Added by Act 2023, No. 824,§ 2, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 2 - ARKANSAS NATURAL RESOURCES COMMISSION (§§ 15-20-201 — 15-20-210) › Section 15-20-201 - Creation

There is created and established at the seat of government of this state a commission to be known as the "Arkansas Natural Resources Commission", hereinafter also referred to as the "commission".
Acts 1963, No. 14, § 1; A.S.A. 1947, § 9-118; Acts 2005, No. 1243, § 3.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 2 - ARKANSAS NATURAL RESOURCES COMMISSION (§§ 15-20-201 — 15-20-210) › Section 15-20-202 - Members

(a)
The Arkansas Natural Resources Commission shall consist of nine (9) members who are residents and electors of this state, to be appointed by the Governor and with the advice and consent of the Senate.
(b)
Each congressional district shall be represented by membership on the commission.
(c)
For each member appointed to a regular term, the term of office shall commence on January 15 following the expiration date of the prior term and shall end on January 14 of the fifth year following the year in which the regular term commenced.
(d)
Any vacancies arising in the membership of the commission for any reason other than expiration of the regular terms for which such members were appointed shall be filled by appointment by the Governor and to be thereafter effective until the expiration of those terms, subject, however, to the confirmation of the Senate.
(e)
Before entering upon his or her duties, each member of the commission shall take and subscribe and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution, and to faithfully perform the duties of the office upon which he or she is about to enter.
(f)
Members of the commission shall receive no pay for their services but may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq. and §
15-20-207
.
(g)
(1)
A minimum of two (2) members of the commission shall be water well contractors licensed under §
17-50-201
et seq.
(2)
(A)
One (1) of the water well contractors shall have his or her principal place of business southeast of the fall line in Arkansas, and be actively engaged in the construction of wells and pump installation in the Mississippi Embayment or Gulf Coastal Plain as represented on the geologic map of Arkansas.
(B)
One (1) of the water well contractors shall have his or her principal place of business northwest of the fall line in Arkansas and be actively engaged in the construction of water wells and pump installation in the Ozark region, Arkansas River Valley, or Ouachita Mountain region as represented on the geologic map of Arkansas.
Amended by Act 2023, No. 691,§ 65, eff. 7/1/2023.
Amended by Act 2023, No. 691,§ 64, eff. 7/1/2023.
Amended by Act 2023, No. 794,§ 21, eff. 4/12/2023.
Acts 1963, No. 14, §§ 2-5; 1983, No. 184, § 1; 1985, No. 1051, § 3; A.S.A. 1947, §§ 6-616, 9-119 -- 9-122; Acts 1997, No. 250, § 104.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 2 - ARKANSAS NATURAL RESOURCES COMMISSION (§§ 15-20-201 — 15-20-210) › Section 15-20-203 - Offices - Seal

(a)
The officer or commission having custody of the public buildings shall assign to the Arkansas Natural Resources Commission suitable office space in the State Capitol Building or other office building located on the State Capitol grounds, with the necessary conveniences for the transaction of its business and the safekeeping of its records.
(b)
The Governor shall procure an official seal for the use of the commission.
Acts 1963, No. 14, § 6; A.S.A. 1947, § 9-123.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 2 - ARKANSAS NATURAL RESOURCES COMMISSION (§§ 15-20-201 — 15-20-210) › Section 15-20-204 - Organization

The Arkansas Natural Resources Commission shall from time to time select from its membership a chair and a vice chair.
Amended by Act 2019, No. 910,§ 57, eff. 7/1/2019.
Acts 1963, No. 14, § 7; A.S.A. 1947, § 9-124.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 2 - ARKANSAS NATURAL RESOURCES COMMISSION (§§ 15-20-201 — 15-20-210) › Section 15-20-205 - Director of commission - Department of Agriculture authority

(a)
(1)
The Director of the Arkansas Natural Resources Commission shall be appointed by and serve at the pleasure of the Governor.
(2)
The director shall report to the Secretary of the Department of Agriculture.
(b)
The Department of Agriculture shall be charged with the duty of administering the provisions of this subchapter and the rules and orders established thereunder by the Arkansas Natural Resources Commission.
(c)
The commission, by resolution duly adopted, may delegate to the department any of the powers or duties vested in or imposed upon the commission by this subchapter. These delegated powers and duties may be exercised by the department or the department's designee in the name of the commission.
(d)
The Secretary of the Department of Agriculture shall be custodian of all property held in the name of the commission and shall be ex officio the disbursing agent of all funds available for use by the commission.
Amended by Act 2019, No. 315,§ 1110, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 58, eff. 7/1/2019.
Acts 1963, No. 14, §§ 8, 9; A.S.A. 1947, §§ 9-125, 9-126.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 2 - ARKANSAS NATURAL RESOURCES COMMISSION (§§ 15-20-201 — 15-20-210) › Section 15-20-206 - Rules - Meetings - Oaths, subpoenas, etc. - Judicial review

(a)
For the purpose of carrying out its functions, the Arkansas Natural Resources Commission shall have authority to make and amend and enforce all necessary or desirable rules and orders not inconsistent with law.
(b)
The commission shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactions, findings, and determinations. The record shall be public.
(c)
Meetings of the commission shall be called by the Chair of the Arkansas Natural Resources Commission or by four (4) members of the commission.
(d)
A quorum shall consist of a majority of the commission membership present at any regular or special meetings, and a majority vote of those members present shall be required for any action of the commission.
(e)
The commission shall meet or hold hearings at such times and places as in each instance may suit the commission's convenience, and all such meetings and hearings shall be open to the public.
(f)
In all matters coming before the commission, the commission shall have the power to administer oaths, issue subpoenas, and enforce its decisions and orders pursuant to procedures set out in §
15-22-201
et seq.
(g)
Any rule or order made by the commission shall be subject to judicial review pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(h)
(1)
The commission shall create a committee to make recommendations to the commission, including without limitation recommendations regarding:
(A)
Rulemaking;
(B)
Disciplinary issues;
(C)
Ethical complaints; and
(D)
Evaluation of applications under §
17-50-201
et seq.
(2)
A water well contractor member of the commission designated under §
15-20-202(g)
shall chair the committee.
(3)
The Chair of the Arkansas Natural Resources Commission may also designate other Arkansas-licensed water well contractors to serve on the committee on an ad hoc basis.
Amended by Act 2023, No. 691,§ 67, eff. 7/1/2023.
Amended by Act 2023, No. 691,§ 66, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 1112, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1111, eff. 7/24/2019.
Acts 1963, No. 14, § 7; A.S.A. 1947, § 9-124; Acts 1989, No. 258, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 2 - ARKANSAS NATURAL RESOURCES COMMISSION (§§ 15-20-201 — 15-20-210) › Section 15-20-208 - Failure to repay loan or fee - Certification of deficiency

(a)
Should any city, town, county, or political subdivision receiving general revenue turnback funds, as defined in the Revenue Stabilization Law, §
19-5-101
et seq., fail, neglect, or refuse to pay for a period of more than ninety (90) days past the due date of any loan payment or fee due the Arkansas Natural Resources Commission, pursuant to:
(1)
Any or all of the following statutes:
(A)
The Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, §
15-22-701
et seq.;
(B)
The Arkansas Water Resources Cost Share Finance Act, §
15-22-801
et seq.;
(C)
The Arkansas Water Resources Development Act of 1981, §
15-22-601
et seq.;
(D)
The Water, Sewer, and Solid Waste Management Systems Finance Act of 1975, §
14-230-101
et seq.; and
(E)
The Arkansas Water Development Fund, §
15-22-507
;
(2)
Rules promulgated or agreements entered pursuant to any of the statutes referred to in subdivision (a)(1) of this section; or
(3)
Fail to negotiate repayment of loans made pursuant to the statutes referred to in subdivision (a)(1) of this section, the commission, after notification to the city, town, county, or political subdivision, may certify that amount of deficiencies to the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.
(b)
Upon certification, the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State are directed to withhold from the city's, town's, county's, or other political subdivision's share of general revenue turnback the amount so certified as due the commission and to transfer such amount as directed by the commission for use as provided by law.
Acts 1991, No. 648, §§ 1, 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 2 - ARKANSAS NATURAL RESOURCES COMMISSION (§§ 15-20-201 — 15-20-210) › Section 15-20-209 - Fee assessment for cost recovery

The Arkansas Natural Resources Commission may assess and collect fees for recovery of the costs of implementing and administering programs which have been delegated to the commission or to conservation districts.
Acts 1993, No. 657, § 3; 1993, No. 942, § 3.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 2 - ARKANSAS NATURAL RESOURCES COMMISSION (§§ 15-20-201 — 15-20-210) › Section 15-20-210 - Underground aquifers

It is found and determined by the General Assembly that:
(1)
The Sparta Aquifer is being depleted and damaged by salt water instrusion;
(2)
The preservation and protection of the Sparta Aquifer can best be accomplished through an interstate compact;
(3)
The Arkansas Natural Resources Commission is currently authorized to enter into interstate compacts to protect interstate waters occurring in streams, lakes, reservoirs, and natural or artificial channels or impoundments; and
(4)
The commission's authority should be expanded to allow it to enter into interstate compacts for the protection of underground aquifers.
Acts 1997, No. 237, § 1
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-301 - Title

This subchapter may be cited and referred to as the "Arkansas Environmental Quality Act of 1973".
Acts 1973, No. 112, § 1; A.S.A. 1947, § 9-1401.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-302 - State policy

To the end that the environment and resources of the State of Arkansas shall be used and preserved for the welfare of all people, it is the policy of the State of Arkansas to:
(1)
Preserve, manage, and enhance the lands, waters, and air of the state with full recognition that this generation is a trustee of the environment for succeeding generations;
(2)
Preserve, to the fullest extent possible, areas of historical, geological, archeological, paleontological, ecological, biological, and recreational importance;
(3)
Promote as wide a range of choice as possible among beneficial uses of the environment; and
(4)
Strike a proper balance among population growth, economic development, environmental preservation, and ecological diversity.
Acts 1973, No. 112, § 2; A.S.A. 1947, § 9-1402.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-303 - System of natural areas - Establishment

(a)
A state system of natural areas, hereinafter called the "system", is established.
(b)
The system shall consist of lands, waters, and interests therein acquired and administered as provided in this subchapter.
Acts 1973, No. 112, § 3; A.S.A. 1947, § 9-1403.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-304 - Arkansas Natural Heritage Commission - Establishment

The Arkansas Natural Heritage Commission, hereinafter called the "commission", is established.
Acts 1973, No. 112, § 4; A.S.A. 1947, § 9-1404.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-305 - Commission - Members

(a)
(1)
The Arkansas Natural Heritage Commission shall consist of fifteen (15) members.
(2)
(A)
(i)
Nine (9) of the members shall be appointed by the Governor from persons with an interest in the preservation of natural areas, with two (2) members to be appointed from each congressional district and one (1) member to be appointed from the state at large.
(ii)
One (1) member appointed by the Governor shall be actively or principally engaged, or shall have been actively or principally engaged, in the production of agriculture on property owned by the member.
(iii)
One (1) member appointed by the Governor shall have an interest in the protection, restoration, and management of the state's habitats, plants, and animals.
(B)
Three (3) members shall be appointed by the Speaker of the House of Representatives to serve at the pleasure of the Speaker of the House of Representatives.
(C)
Three (3) members shall be appointed by the President Pro Tempore of the Senate to serve at the pleasure of the President Pro Tempore of the Senate.
(b)
Any successor appointments and appointments to vacancies on the commission shall be appointed in the same manner.
(c)
Members appointed by the Governor shall serve terms of nine (9) years, and all members shall serve until their successors have been appointed and qualified.
(d)
When an appointment is made to fill a vacancy, the appointment shall be for the remaining term of the position vacated.
(e)
A member of the commission appointed by the Governor who has served two (2) consecutive full terms shall not be eligible for reappointment for a period of one (1) year following the expiration of the second full term.
(f)
Members of the commission appointed by the Governor shall be subject to confirmation by the Senate.
(g)
Members of the commission shall serve without compensation, except that they may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
(h)
In addition to the per diem, members shall be paid a mileage allowance equal to the rate designated for state employees for each mile in traveling from their homes and returning.
Amended by Act 2023, No. 665,§ 1, eff. 8/1/2023.
Amended by Act 2015, No. 1100,§ 15, eff. 7/22/2015.
Acts 1973, No. 112, §§ 4-6; A.S.A. 1947, §§ 9-1404 -- 9-1406; Acts 1989 (1st Ex. Sess.), No. 9, § 55; 1997, No. 250, § 105; 2001, No. 1288, § 11.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-306 - Commission - Organization

(a)
The Governor shall designate one (1) of the initial appointees as Chair of the Arkansas Natural Heritage Commission.
(b)
At its first meeting, the Arkansas Natural Heritage Commission shall elect a secretary from its membership and shall adopt procedural rules for transacting its business and keeping records thereof.
(c)
Eight (8) members shall constitute a quorum for the transaction of business.
(d)
The chair shall have a vote in all cases.
Amended by Act 2015, No. 1100,§ 16, eff. 7/22/2015.
Acts 1973, No. 112, § 6; A.S.A. 1947, § 9-1406.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-309 - Commission - Power to receive gifts of property and to acquire real estate for trade or exchange

The Arkansas Natural Heritage Commission shall have the following rights, powers, and duties in addition to those already established by law:
(1)
(A)
To receive gifts, grants, donations, fee conveyances, or transfers of money and property, both real and personal, from private and public sources, or federal, or either, and to sell or dispose of such property, real and personal, or either, as the commission deems advisable.
(B)
Any funds and income from any property described in subdivision (1)(A) of this section shall be deposited into the State Treasury into the Department of Arkansas Heritage Endowment Trust Fund and expended in the same manner as other state moneys are expended upon vouchers drawn by the Director of the Arkansas Natural Heritage Commission; and
(2)
(A)
With the advice and consent of the Legislative Council and the Governor, to acquire, by purchase or otherwise, real property for the purpose of trade or exchange, and to trade or exchange any such property acquired for lands to be included in the system.
(B)
However, the commission shall exercise this power in such a manner that any and all property acquired for the purpose of trade or exchange shall in fact be traded or exchanged forthwith and without delay.
Amended by Act 2017, No. 374,§ 25, eff. 8/1/2017.
Acts 1981, No. 673, § 1; A.S.A. 1947, § 9-1409.2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-310 - Acquisition of natural areas properties - Categories

(a)
In choosing lands, waters, and interests therein for acquisition for the system, the Arkansas Natural Heritage Commission shall observe the policies set forth in §
15-20-302
.
(b)
The following categories of real property shall be eligible for inclusion in the system:
(1)
Areas representative of the various types of lands and habitats typical of those portions of the state still substantially untrammeled by the works of humans;
(2)
Areas of substantially undisturbed natural quality;
(3)
Areas containing habitat for rare, vanishing, or endangered species, subspecies, or populations of animals or plants;
(4)
Areas of unusual aesthetic or ecological quality along the banks of rivers, lakes, or streams;
(5)
Areas in private ownership within the boundaries of national forests, wildlife refuges, state wildlife management areas, or similar publicly owned or administered areas;
(6)
Swamps, overflow lands, flood plains, or wetlands of unusual aesthetic or ecological quality;
(7)
Areas necessary or desirable to serve as buffer zones to protect other portions of the system; and
(8)
Any other lands, waters, or interests therein listed in the Registry of Natural Areas.
(c)
No acquisition of lands, waters, or any interests therein, whether by dedication or otherwise, shall become effective until after the Governor shall have received thirty (30) days' notice in writing.
Acts 1973, No. 112, § 10; A.S.A. 1947, § 9-1410.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-311 - Limitation on purchase of land

(a)
(1)
In any county in this state in which thirty-three percent (33%) or more of the total acreage in the county is publicly owned land, the Arkansas Natural Heritage Commission shall not purchase in excess of forty (40) acres per year.
(2)
However, the commission may purchase not to exceed forty (40) additional acres in any year in any such county if it first obtains approval of the Legislative Council for such a purchase.
(b)
The commission shall not under any circumstance purchase in excess of eighty (80) acres in any such county in any one (1) year unless specifically authorized to do so by legislation enacted by the General Assembly at a regular session, fiscal session, or extraordinary session.
Acts 1975, No. 227, § 5; A.S.A. 1947, § 9-1409.1; Acts 2009, No. 962, § 33.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-312 - Dedication of property - Definition

(a)
As used in this subchapter, "dedication" means the creation of a scenic, conservation, or environmental easement to be vested in and legally enforceable by the Arkansas Natural Heritage Commission.
(b)
Dedication may be either donative or for a consideration.
(c)
The owner of the fee title to certain real property, whether a private individual, a private organization, or a public or governmental agency or department, may impress such an easement upon his, her, or its property by executing and delivering to the commission, with its consent, articles of dedication specifying the terms and conditions of the easement.
(d)
(1)
Articles of dedication shall be in writing, under seal, and acknowledged.
(2)
The commission shall cause the articles to be recorded by the recorder of deeds in each county wherein any portion of the property affected by the articles shall lie.
Acts 1973, No. 112, § 11; A.S.A. 1947, § 9-1411.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-313 - Designation of areas of local significance

(a)
The system and each portion of the system are declared to be areas of local significance within the meaning of
23 U.S.C. § 138
.
(b)
This chapter does not prohibit or prevent any project or activity authorized or undertaken pursuant to an act of the United States Congress.
Amended by Act 2017, No. 374,§ 26, eff. 8/1/2017.
Acts 1973, No. 112, § 12; A.S.A. 1947, § 9-1412.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-314 - Changes in property interests as result of dedication

(a)
Interests in land created by dedication shall be perpetual and may not be altered, changed, or modified unless the Arkansas Natural Heritage Commission shall find, after public notice and hearing, that:
(1)
The particular change, alteration, or modification is required by imperative public necessity;
(2)
There is no feasible and prudent alternative thereto; and
(3)
All possible planning has been done to minimize harm caused to the system thereby.
(b)
At least thirty (30) days' written notice of any such hearing shall be given to:
(1)
The Governor;
(2)
Each official advisor to the commission;
(3)
Each member of the General Assembly; and
(4)
Each person, organization, or entity that shall have requested notice.
(c)
Any finding made by the commission as a result of such a hearing shall be subject to judicial review under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(d)
No such alteration, change, or modification in any interest created by dedication shall become effective until the next regular session of the General Assembly following the fulfillment of this section shall have adjourned sine die.
Acts 1973, No. 112, § 13; A.S.A. 1947, § 9-1413.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-315 - Restrictions on alienation or encumbrance

No portion of the system may be alienated or encumbered, directly or indirectly, in whole or in part, except in accordance with the procedures set forth in §
15-20-314
.
Acts 1973, No. 112, § 14; A.S.A. 1947, § 9-1414.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-316 - Exemptions to sections 15-20-314 and 15-20-315

None of the provisions of §§
15-20-314
and
15-20-315
shall be deemed to apply to:
(1)
The acquisition of land or the construction of structures thereon required for the operation of railroad facilities; or
(2)
The construction of necessary public utility structures or facilities, the construction of which has been permitted by order of the Arkansas Public Service Commission or any successor agency, if the Arkansas Natural Heritage Commission has been given notice of and an opportunity to comment upon and participate in each application and hearing which resulted in such an order of permission.
Acts 1973, No. 112, §§ 15, 16; A.S.A. 1947, §§ 9-1415, 9-1416.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-317 - Fees for research services

The Arkansas Natural Heritage Commission shall establish by rule and operate a system of fees or special charges to defray the expense of providing research services to users of the natural heritage data system.
Acts 1981, No. 674, § 1; A.S.A. 1947, § 9-1417.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-318 - Use of funds

Any moneys, funds, and property described in §
15-20-309
shall be used solely for the purpose of carrying out §
15-20-308
.
Amended by Act 2017, No. 374,§ 27, eff. 8/1/2017.
Acts 1981, No. 673, § 2; A.S.A. 1947, § 9-1409.3.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 3 - ARKANSAS ENVIRONMENTAL QUALITY ACT OF 1973 (§§ 15-20-301 — 15-20-319) › Section 15-20-319 - Deposit of moneys

Any moneys collected under §
15-20-317
shall be deposited into a bank account created specifically for the continuing operation of the natural heritage data system developed by the Nature Conservancy.
Amended by Act 2017, No. 374,§ 27, eff. 8/1/2017.
Acts 1981, No. 674, § 2; A.S.A. 1947, § 9-1418.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 4 - CONSERVATION EASEMENT ACT (§§ 15-20-401 — 15-20-410) › Section 15-20-401 - Title

This subchapter shall be known and may be cited as the "Conservation Easement Act".
Acts 1983, No. 567, § 6; A.S.A. 1947, § 50-1206.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 4 - CONSERVATION EASEMENT ACT (§§ 15-20-401 — 15-20-410) › Section 15-20-402 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property;
(2)
"Holder" means:
(A)
Any state agency, county, city of the first class or city of the second class, or incorporated town empowered to hold an interest in real property under the laws of this state or the United States; or
(B)
A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property; assuring the availability of real property for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property; and
(3)
"Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.
Acts 1983, No. 567, § 1; A.S.A. 1947, § 50-1201.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 4 - CONSERVATION EASEMENT ACT (§§ 15-20-401 — 15-20-410) › Section 15-20-403 - Applicability and construction

(a)
This subchapter applies to any interest created after July 4, 1983, which complies with this subchapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.
(b)
This subchapter applies to any interest created before July 4, 1983, if it would have been enforceable had it been created after July 4, 1983, unless retroactive application contravenes the Arkansas Constitution, United States Constitution, or laws of this state or the United States.
(c)
This subchapter does not invalidate any otherwise valid interest, whether designated as a conservation easement or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, which was created under §§
15-20-301
-
15-20-308
,
15-20-310
, and
15-20-312
-
15-20-316
, Acts 1975, No. 882 [repealed], or any other law of this state.
(d)
(1)
This subchapter shall not be construed to imply that any restriction, easement, covenant, or condition which does not come within the purview of this subchapter, on account of any provisions hereof, shall be unenforceable.
(2)
Nothing in this subchapter shall diminish the powers granted by any general or special law to acquire by purchase, gift, eminent domain, or otherwise and to use land for public purposes.
(3)
Nothing in this subchapter shall be construed to repeal or diminish any of the powers, functions, or responsibilities of any state agency, county, city of the first class or city of the second class, or incorporated town.
Acts 1983, No. 567, § 5; A.S.A. 1947, § 50-1205.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 4 - CONSERVATION EASEMENT ACT (§§ 15-20-401 — 15-20-410) › Section 15-20-404 - Creation, conveyance, etc

Except as otherwise provided in this subchapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.
Acts 1983, No. 567, § 2; A.S.A. 1947, § 50-1202.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 4 - CONSERVATION EASEMENT ACT (§§ 15-20-401 — 15-20-410) › Section 15-20-405 - Acceptance

No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.
Acts 1983, No. 567, § 2; A.S.A. 1947, § 50-1202.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 4 - CONSERVATION EASEMENT ACT (§§ 15-20-401 — 15-20-410) › Section 15-20-406 - Duration

Except as provided in §
15-20-409(b)
, a conservation easement is unlimited in duration unless the instrument creating it provides otherwise.
Acts 1983, No. 567, § 2; A.S.A. 1947, § 50-1202.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 4 - CONSERVATION EASEMENT ACT (§§ 15-20-401 — 15-20-410) › Section 15-20-407 - Effect on existing interests

An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.
Acts 1983, No. 567, § 2; A.S.A. 1947, § 50-1202.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 4 - CONSERVATION EASEMENT ACT (§§ 15-20-401 — 15-20-410) › Section 15-20-408 - Validity

A conservation easement is valid even though:
(1)
It is not appurtenant to an interest in real property;
(2)
It can be or has been assigned to another holder;
(3)
It is not of a character that has been recognized traditionally at common law;
(4)
It imposes a negative burden;
(5)
It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(6)
The benefit does not touch or concern real property; or
(7)
There is no privity of estate or of contract.
Acts 1983, No. 567, § 4; A.S.A. 1947, § 50-1204.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 4 - CONSERVATION EASEMENT ACT (§§ 15-20-401 — 15-20-410) › Section 15-20-409 - Judicial actions

(a)
An action affecting a conservation easement may be brought by:
(1)
An owner of an interest in the real property burdened by the easement;
(2)
A holder of the easement;
(3)
A person having a third-party right of enforcement; or
(4)
A person authorized by other law.
(b)
This subchapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.
(c)
Conservation easements may be enforced by injunction or other proceeding in equity and shall entitle representatives of the holder to enter the land in a reasonable manner and at reasonable times to assure compliance.
Acts 1983, No. 567, § 3; A.S.A. 1947, § 50-1203.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 4 - CONSERVATION EASEMENT ACT (§§ 15-20-401 — 15-20-410) › Section 15-20-410 - Easements held by Old State House Commission

(a)
(1)
Approval of the creation, modification, or termination of a conservation easement held by the Old State House Commission shall be executed by the Director of the Old State House Commission in accordance with the rules promulgated by the Old State House Commission to assure that conservation easements shall be in the public interest.
(2)
Approval shall be evidenced by a certificate of approval, certificate of modification, or certificate of termination duly executed on behalf of the Old State House Commission and duly recorded in the deed records of the county in which the real property is located.
(b)
In determining whether the conservation easement or its continuance is in the public interest, the Old State House Commission shall take into consideration any national, state, regional, and local comprehensive land use or development plan affecting the historical, architectural, archeological, or cultural aspects of the real property.
(c)
A conservation easement held by the Old State House Commission may be modified or released, in whole or in part, by the Old State House Commission for such consideration, if any, as the Old State House Commission may determine, in the same manner as the Old State House Commission may dispose of land or other interests in land, but only after a public hearing upon reasonable public notice under the procedures established by the Old State House Commission.
(d)
All easements in the name of the Arkansas Commemorative Commission are transferred to the Old State House Commission.
Amended by Act 2019, No. 315,§ 1115, eff. 7/24/2019.
Acts 1983, No. 567, § 2; A.S.A. 1947, § 50-1202; Acts 2001, No. 68, § 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 5 - ARKANSAS NATURAL AREAS PROTECTION ACT (§§ 15-20-501 — 15-20-503) › Section 15-20-501 - Definitions

As used in this subchapter:
(1)
"Commission" means the Arkansas Natural Heritage Commission;
(2)
"Director" means the Director of the Arkansas Natural Heritage Commission or his or her appointed agents; and
(3)
"Natural area" means any real property held by the commission in fee or less than fee interest, along with all appurtenances thereto.
Acts 1989, No. 381, § 1; 2005, No. 1962, § 65.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 5 - ARKANSAS NATURAL AREAS PROTECTION ACT (§§ 15-20-501 — 15-20-503) › Section 15-20-502 - Rules - Enforcement - Penalties

(a)
The Arkansas Natural Heritage Commission may promulgate rules establishing policies governing the use and protection of a natural area.
(b)
A person violating a rule promulgated by the commission governing a natural area upon conviction is guilty of an unclassified misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250), or imprisoned for not less than ten (10) days nor more than thirty (30) days for each violation.
(c)
A law enforcement officer may issue a citation to and apprehend a person violating a rule promulgated by the commission for use and protection of a natural area and take the person before a court having jurisdiction in the county where the violation was committed.
(d)
The Director of the Arkansas Natural Heritage Commission may apply to the circuit court of any county in which a violation of this subchapter is occurring or in which the director has reasonable cause to believe a violation of this subchapter is about to occur, and the circuit court shall have jurisdiction to grant a temporary or permanent injunction restraining any person from violating this subchapter without requiring the director to post bond during the pendency of the action described in this subsection.
(e)
(1)
In addition to criminal penalties under subsection (b) of this section, a person who violates a rule promulgated by the commission governing a natural area or who causes a violation by his or her employee or agent is liable for a civil penalty of five hundred dollars ($500) or three (3) times the value of the damages caused, whichever is the greater, and the civil penalty shall be recovered in an action brought by the Attorney General or the commission's attorney in the proper circuit court.
(2)
The civil penalty described in subdivision (e)(1) of this section shall be used to restore the natural area or to secure the preservation of similar areas.
Amended by Act 2017, No. 634,§ 1, eff. 8/1/2017.
Amended by Act 2017, No. 374,§ 28, eff. 8/1/2017.
Acts 1989, No. 381, § 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 2 - LAND AND WATER RESOURCES GENERALLY (§§ 15-20-101 — 15-24-109) › Chapter 20 - GENERAL PROVISIONS (§§ 15-20-101 — 15-20-1406) › Subchapter 5 - ARKANSAS NATURAL AREAS PROTECTION ACT (§§ 15-20-501 — 15-20-503) › Section 15-20-503 - Exceptions

(a)
Activities and consequences thereof by employees of the Arkansas Natural Heritage Commission or their agents or by persons under contract to the commission or their agents shall not be construed as violations of this subchapter when such employees, persons, or agents are acting in performance of their official duties.
(b)
Activities and consequences thereof conducted pursuant to and in accord with the provisions of any permit or special authorization issued by the Director of the Arkansas Natural Heritage Commission shall not be construed as violations of this subchapter.
Acts 1989, No. 381, § 3.