(a) (1) An applicant for a permit for the construction, operation, or redevelopment of a wind energy facility or a wind energy facility expansion shall provide a copy of the application as written notice to:(A) A person listed in § 23-18-513;(B) The Department of Parks, Heritage, and Tourism;(C) The circuit clerk of each county in which the proposed wind energy facility will be located;(D) Any landowner and residents located within four (4) miles of the proposed location of the wind energy facility or the wind energy facility expansion; and(E) All public libraries in each county in which the proposed wind energy facility or the wind energy facility expansion is to be or may be located for review by the public.(2) The Arkansas Public Service Commission shall prescribe by rule the form and submittal requirements of the written notice required under subdivision (a)(1) of this section.
(1) An applicant for a permit for the construction, operation, or redevelopment of a wind energy facility or a wind energy facility expansion shall provide a copy of the application as written notice to:(A) A person listed in § 23-18-513;(B) The Department of Parks, Heritage, and Tourism;(C) The circuit clerk of each county in which the proposed wind energy facility will be located;(D) Any landowner and residents located within four (4) miles of the proposed location of the wind energy facility or the wind energy facility expansion; and(E) All public libraries in each county in which the proposed wind energy facility or the wind energy facility expansion is to be or may be located for review by the public.
(A) A person listed in § 23-18-513;
(B) The Department of Parks, Heritage, and Tourism;
(C) The circuit clerk of each county in which the proposed wind energy facility will be located;
(D) Any landowner and residents located within four (4) miles of the proposed location of the wind energy facility or the wind energy facility expansion; and
(E) All public libraries in each county in which the proposed wind energy facility or the wind energy facility expansion is to be or may be located for review by the public.
(2) The Arkansas Public Service Commission shall prescribe by rule the form and submittal requirements of the written notice required under subdivision (a)(1) of this section.
(b) The written notice required under subdivision (a)(1) of this section shall include:(1) A complete description of the wind energy facility, including the number and size of the wind turbines;(2) A map showing the locations of all proposed wind energy facilities;(3) The proposed timeline for construction and operation of the wind energy facility; and(4) A list of locations where the application is available for review by the public.
(1) A complete description of the wind energy facility, including the number and size of the wind turbines;
(2) A map showing the locations of all proposed wind energy facilities;
(3) The proposed timeline for construction and operation of the wind energy facility; and
(4) A list of locations where the application is available for review by the public.
(c) The written notice required under subdivision (a)(1) of this section shall be:(1) Mailed by certified mail; and(2) Directed to the address of the landowner of the real property as it appears on the records in the office of the county sheriff or county tax assessor for the mailing of statements for taxes as provided in § 26-35-705.
(1) Mailed by certified mail; and
(2) Directed to the address of the landowner of the real property as it appears on the records in the office of the county sheriff or county tax assessor for the mailing of statements for taxes as provided in § 26-35-705.
(d) An application for a permit shall be accompanied by proof that notice was provided to persons residing in the local government entitled to receive notice under § 23-18-513 by publication in a newspaper having substantial circulation in the local government of:(1) A summary of the application for a permit;(2) A statement of the date on or about which the application is to be filed;(3) The locations at which a copy of the application is available for review by the public; and(4) The date, time, and location of the public hearings required in subsection (h) of this section.
(1) A summary of the application for a permit;
(2) A statement of the date on or about which the application is to be filed;
(3) The locations at which a copy of the application is available for review by the public; and
(4) The date, time, and location of the public hearings required in subsection (h) of this section.
(e) (1) An application for a permit shall be accompanied by proof that the applicant has served a copy of the written notice by certified mail to:(A) An operator, as reflected in the records of the Oil and Gas Commission, that is conducting oil and gas operations upon any part of the surface estate on which the applicant intends to construct the wind energy facility or the wind energy facility expansion;(B) An operator, as reflected in the records of the Oil and Gas Commission, of an unspaced unit, or a unit created by order of the Oil and Gas Commission, that is conducting oil and gas operations for the unspaced unit where any part of the unit area is within the geographical boundaries of the surface estate on which the applicant intends to construct the wind energy facility or the wind energy facility expansion; and(C) As to tracts of land not described in subdivisions (e)(1)(A) and (B) of this section on which the applicant intends to construct a wind energy facility or the wind energy facility expansion, all lessees of oil and gas leases covering the mineral estate underlying any part of the tracts of land that are filed of record with the circuit clerk in the county where the tracts are located and whose primary term has not expired.(2) The service of written notice required under subdivision (e)(1) of this section shall contain:(A) A map or plat of the proposed location, with sufficient specificity of the elements of the wind energy facility to be located on the local government section that includes any part of the tracts of land described in subdivisions (e)(1)(A) and (B) of this section;(B) The approximate date that the applicant proposes to commence construction of the wind energy facility or the wind energy facility expansion; and(C) (i) The return address of the applicant and a statement that the recipient of the notice, within thirty (30) days of receipt, is required to provide the applicant with site and operational and infrastructure information with sufficient specificity to facilitate the safe construction and operation of a wind energy facility or a wind energy facility expansion.(ii) The information required under subdivision (e)(2)(C)(i) of this section shall include American Land Title Association surveys of existing subsurface and surface improvements on the real property, if any, as well as other technical specifications for existing improvements, including without limitation pipe size, material, capacity, and depth.
(1) An application for a permit shall be accompanied by proof that the applicant has served a copy of the written notice by certified mail to:(A) An operator, as reflected in the records of the Oil and Gas Commission, that is conducting oil and gas operations upon any part of the surface estate on which the applicant intends to construct the wind energy facility or the wind energy facility expansion;(B) An operator, as reflected in the records of the Oil and Gas Commission, of an unspaced unit, or a unit created by order of the Oil and Gas Commission, that is conducting oil and gas operations for the unspaced unit where any part of the unit area is within the geographical boundaries of the surface estate on which the applicant intends to construct the wind energy facility or the wind energy facility expansion; and(C) As to tracts of land not described in subdivisions (e)(1)(A) and (B) of this section on which the applicant intends to construct a wind energy facility or the wind energy facility expansion, all lessees of oil and gas leases covering the mineral estate underlying any part of the tracts of land that are filed of record with the circuit clerk in the county where the tracts are located and whose primary term has not expired.
(A) An operator, as reflected in the records of the Oil and Gas Commission, that is conducting oil and gas operations upon any part of the surface estate on which the applicant intends to construct the wind energy facility or the wind energy facility expansion;
(B) An operator, as reflected in the records of the Oil and Gas Commission, of an unspaced unit, or a unit created by order of the Oil and Gas Commission, that is conducting oil and gas operations for the unspaced unit where any part of the unit area is within the geographical boundaries of the surface estate on which the applicant intends to construct the wind energy facility or the wind energy facility expansion; and
(C) As to tracts of land not described in subdivisions (e)(1)(A) and (B) of this section on which the applicant intends to construct a wind energy facility or the wind energy facility expansion, all lessees of oil and gas leases covering the mineral estate underlying any part of the tracts of land that are filed of record with the circuit clerk in the county where the tracts are located and whose primary term has not expired.
(2) The service of written notice required under subdivision (e)(1) of this section shall contain:(A) A map or plat of the proposed location, with sufficient specificity of the elements of the wind energy facility to be located on the local government section that includes any part of the tracts of land described in subdivisions (e)(1)(A) and (B) of this section;(B) The approximate date that the applicant proposes to commence construction of the wind energy facility or the wind energy facility expansion; and(C) (i) The return address of the applicant and a statement that the recipient of the notice, within thirty (30) days of receipt, is required to provide the applicant with site and operational and infrastructure information with sufficient specificity to facilitate the safe construction and operation of a wind energy facility or a wind energy facility expansion.(ii) The information required under subdivision (e)(2)(C)(i) of this section shall include American Land Title Association surveys of existing subsurface and surface improvements on the real property, if any, as well as other technical specifications for existing improvements, including without limitation pipe size, material, capacity, and depth.
(A) A map or plat of the proposed location, with sufficient specificity of the elements of the wind energy facility to be located on the local government section that includes any part of the tracts of land described in subdivisions (e)(1)(A) and (B) of this section;
(B) The approximate date that the applicant proposes to commence construction of the wind energy facility or the wind energy facility expansion; and
(C) (i) The return address of the applicant and a statement that the recipient of the notice, within thirty (30) days of receipt, is required to provide the applicant with site and operational and infrastructure information with sufficient specificity to facilitate the safe construction and operation of a wind energy facility or a wind energy facility expansion.(ii) The information required under subdivision (e)(2)(C)(i) of this section shall include American Land Title Association surveys of existing subsurface and surface improvements on the real property, if any, as well as other technical specifications for existing improvements, including without limitation pipe size, material, capacity, and depth.
(i) The return address of the applicant and a statement that the recipient of the notice, within thirty (30) days of receipt, is required to provide the applicant with site and operational and infrastructure information with sufficient specificity to facilitate the safe construction and operation of a wind energy facility or a wind energy facility expansion.
(ii) The information required under subdivision (e)(2)(C)(i) of this section shall include American Land Title Association surveys of existing subsurface and surface improvements on the real property, if any, as well as other technical specifications for existing improvements, including without limitation pipe size, material, capacity, and depth.
(f) (1) As a condition to the issuance of a permit, an applicant is required to submit to the Oil and Gas Commission:(A) The information provided under subdivision (e)(2)(C)(i) of this section; and(B) A copy of the written notice required under subdivision (a)(1) of this section.(2) The applicant shall obtain approval or conditional approval from the Oil and Gas Commission.
(1) As a condition to the issuance of a permit, an applicant is required to submit to the Oil and Gas Commission:(A) The information provided under subdivision (e)(2)(C)(i) of this section; and(B) A copy of the written notice required under subdivision (a)(1) of this section.
(A) The information provided under subdivision (e)(2)(C)(i) of this section; and
(B) A copy of the written notice required under subdivision (a)(1) of this section.
(2) The applicant shall obtain approval or conditional approval from the Oil and Gas Commission.
(g) If the address of a party entitled to notice under this section cannot be ascertained or the notice cannot be delivered after a reasonable effort to obtain the information has been made, then an affidavit attesting to the efforts to locate the party shall be placed in the records of the circuit clerk where the surface estate is located.
(h) (1) Within sixty (60) days of the publication of the notice required under subsection (d) of this section, the applicant shall conduct a public hearing in each county in which the proposed wind energy facility is to be constructed or expanded.(2) At the public hearing under subdivision (h)(1) of this section, the applicant shall:(A) Provide copies of the notice required under subdivision (a)(1) of this section;(B) Be prepared to discuss the contents of the application for a permit; and(C) Provide substantive responses to questions asked by members of the public regarding the application for a permit.
(1) Within sixty (60) days of the publication of the notice required under subsection (d) of this section, the applicant shall conduct a public hearing in each county in which the proposed wind energy facility is to be constructed or expanded.
(2) At the public hearing under subdivision (h)(1) of this section, the applicant shall:(A) Provide copies of the notice required under subdivision (a)(1) of this section;(B) Be prepared to discuss the contents of the application for a permit; and(C) Provide substantive responses to questions asked by members of the public regarding the application for a permit.
(A) Provide copies of the notice required under subdivision (a)(1) of this section;
(B) Be prepared to discuss the contents of the application for a permit; and
(C) Provide substantive responses to questions asked by members of the public regarding the application for a permit.