(a) As used in this section, “moratorium” means a prohibition on the issuance of permits or any other limitation on agricultural production, including without limitation livestock and poultry operations, contained animal feeding operations, and the cultivation of crops and orchards.
(b) Except as provided in subsections (c) and (f) of this section, a state agency, including without limitation the Department of Agriculture and the Department of Energy and Environment, shall not institute a moratorium on the issuance of permits in a watershed or other body of water.
(c) (1) In order for a state agency to institute a moratorium related to a watershed or other body of water, the state agency shall:(A) Promulgate a rule to institute the moratorium;(B) (i) Follow the procedure under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.(ii) If the Arkansas Administrative Procedure Act, § 25-15-201 et seq., does not apply to the state agency, the state agency shall follow the law governing the adequate administrative procedures for the state agency; and(C) Obtain review and approval of the state agency rule under § 10-3-309.(2) (A) A moratorium reviewed and approved under subdivision (c)(1) of this section shall expire four (4) years after the effective date of the rule.(B) A state agency that wishes to continue a moratorium shall submit the moratorium to the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, for review and approval sufficiently in advance of the expiration date described under subdivision (c)(2)(A) of this section to continue the moratorium.(C) If the state agency fails to submit a moratorium to the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, for review and approval prior to the expiration date or if the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, does not approve the moratorium, the moratorium shall expire at the expiration date.
(1) In order for a state agency to institute a moratorium related to a watershed or other body of water, the state agency shall:(A) Promulgate a rule to institute the moratorium;(B) (i) Follow the procedure under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.(ii) If the Arkansas Administrative Procedure Act, § 25-15-201 et seq., does not apply to the state agency, the state agency shall follow the law governing the adequate administrative procedures for the state agency; and(C) Obtain review and approval of the state agency rule under § 10-3-309.
(A) Promulgate a rule to institute the moratorium;
(B) (i) Follow the procedure under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.(ii) If the Arkansas Administrative Procedure Act, § 25-15-201 et seq., does not apply to the state agency, the state agency shall follow the law governing the adequate administrative procedures for the state agency; and
(i) Follow the procedure under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(ii) If the Arkansas Administrative Procedure Act, § 25-15-201 et seq., does not apply to the state agency, the state agency shall follow the law governing the adequate administrative procedures for the state agency; and
(C) Obtain review and approval of the state agency rule under § 10-3-309.
(2) (A) A moratorium reviewed and approved under subdivision (c)(1) of this section shall expire four (4) years after the effective date of the rule.(B) A state agency that wishes to continue a moratorium shall submit the moratorium to the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, for review and approval sufficiently in advance of the expiration date described under subdivision (c)(2)(A) of this section to continue the moratorium.(C) If the state agency fails to submit a moratorium to the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, for review and approval prior to the expiration date or if the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, does not approve the moratorium, the moratorium shall expire at the expiration date.
(A) A moratorium reviewed and approved under subdivision (c)(1) of this section shall expire four (4) years after the effective date of the rule.
(B) A state agency that wishes to continue a moratorium shall submit the moratorium to the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, for review and approval sufficiently in advance of the expiration date described under subdivision (c)(2)(A) of this section to continue the moratorium.
(C) If the state agency fails to submit a moratorium to the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, for review and approval prior to the expiration date or if the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, does not approve the moratorium, the moratorium shall expire at the expiration date.
(d) This section does not prohibit a state agency from seeking review and approval for a proposed emergency rule under §§ 10-3-309 and 25-15-204 to impose a moratorium to protect the public from imminent peril to the public health, safety, or welfare or compliance with a federal law or regulation.
(e) If a state agency does not have statutory authority to impose a moratorium, this section does not create the authority for a moratorium.
(f) This section does not apply to a moratorium related to a watershed or other body of water instituted by rule before February 1, 2026.