(a) The Arkansas Public Service Commission shall require that to receive a permit for the construction, operation, or redevelopment of a wind energy facility or a wind energy facility expansion, the owner shall meet the following minimum requirements:(1) The minimum setback for the base of any wind turbine of a wind energy facility from a nonparticipating landowner's property line shall be equal to the greater of:(A) Three and five-tenths (3.5) times the total height of the wind turbine as measured from the ground at its base to the maximum height of the blade tip; and(B) (i) Except as provided in subdivision (a)(1)(B)(ii) of this section, two thousand five hundred feet (2,500').(ii) A nonparticipating landowner may elect to sign a waiver to allow a wind turbine or group of wind turbines of a wind energy facility to be placed up to one and one-tenth (1.1) times the total height of the wind turbine as measured from the ground at its base to the maximum height of the blade tip from the nonparticipating landowner's property line; and(2) The minimum setback for the base of a wind turbine of a wind energy facility shall be one (1) mile from any of the following places existing at the time the application for the permit is filed:(A) A public or private school;(B) A hospital;(C) A nursing home facility;(D) A church;(E) The limits of a city or town;(F) A state or federal park; and(G) A public airport.
(1) The minimum setback for the base of any wind turbine of a wind energy facility from a nonparticipating landowner's property line shall be equal to the greater of:(A) Three and five-tenths (3.5) times the total height of the wind turbine as measured from the ground at its base to the maximum height of the blade tip; and(B) (i) Except as provided in subdivision (a)(1)(B)(ii) of this section, two thousand five hundred feet (2,500').(ii) A nonparticipating landowner may elect to sign a waiver to allow a wind turbine or group of wind turbines of a wind energy facility to be placed up to one and one-tenth (1.1) times the total height of the wind turbine as measured from the ground at its base to the maximum height of the blade tip from the nonparticipating landowner's property line; and
(A) Three and five-tenths (3.5) times the total height of the wind turbine as measured from the ground at its base to the maximum height of the blade tip; and
(B) (i) Except as provided in subdivision (a)(1)(B)(ii) of this section, two thousand five hundred feet (2,500').(ii) A nonparticipating landowner may elect to sign a waiver to allow a wind turbine or group of wind turbines of a wind energy facility to be placed up to one and one-tenth (1.1) times the total height of the wind turbine as measured from the ground at its base to the maximum height of the blade tip from the nonparticipating landowner's property line; and
(i) Except as provided in subdivision (a)(1)(B)(ii) of this section, two thousand five hundred feet (2,500').
(ii) A nonparticipating landowner may elect to sign a waiver to allow a wind turbine or group of wind turbines of a wind energy facility to be placed up to one and one-tenth (1.1) times the total height of the wind turbine as measured from the ground at its base to the maximum height of the blade tip from the nonparticipating landowner's property line; and
(2) The minimum setback for the base of a wind turbine of a wind energy facility shall be one (1) mile from any of the following places existing at the time the application for the permit is filed:(A) A public or private school;(B) A hospital;(C) A nursing home facility;(D) A church;(E) The limits of a city or town;(F) A state or federal park; and(G) A public airport.
(A) A public or private school;
(B) A hospital;
(C) A nursing home facility;
(D) A church;
(E) The limits of a city or town;
(F) A state or federal park; and
(G) A public airport.
(b) (1) Except as provided in subdivision (b)(2)(A) of this section, an application shall be accompanied by an environmental impact assessment conducted by a qualified, third-party expert and approved by the Arkansas Public Service Commission, paid for by the applicant, of the potential adverse impacts within four (4) miles of the perimeter of the wind energy facility or the wind energy facility expansion.(2) (A) An environmental impact assessment required under subdivision (b)(1) of this section shall not be required if an environmental review of the wind energy facility or any portion of the wind energy facility is required under the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., as it existed on January 1, 2025, that includes public input, a public hearing, an environmental impact statement, and a viewshed analysis.(B) The environmental impact assessment under subdivision (b)(1) of this section shall include without limitation a study of the:(i) Economic impacts to individuals, real property values, tourism, and agriculture;(ii) Assessment for compliance with state and national fire, building, and electrical codes;(iii) A wildlife impact assessment, including without limitation a study of the potential adverse impacts to:(a) Wildlife refuges;(b) Preserves and management areas;(c) Areas that provide habitat for threatened or endangered species;(d) Primary nursery areas designated by the Arkansas State Game and Fish Commission; and(e) Critical fisheries habitats identified under applicable state or federal law;(iv) Viewshed analysis for:(a) State and federal parks and forests;(b) Historic and cultural sites;(c) Public parks and recreation areas; and(d) Private conservation land;(v) Hydrogeological assessment of areas of water within a minimum of four (4) miles of the perimeter of the wind energy facility or the wind energy facility expansion, including:(a) Bodies of water;(b) Flowing water sources;(c) Stormwater runoff;(d) Wetlands;(e) Groundwater;(f) Aquifers; and(g) Private wells;(vi) (a) Risk assessment and mitigation recommendations for shadow flicker and incidents, including wind turbine fires, structural damage or failure, ice throw, blade shear, and hazardous material spills.(b) Except as provided in subdivision (b)(2)(B)(vi)(c) of this section, shadow flicker shall not exceed thirty (30) hours annually as verified in an assessment prepared according to professional standards.(c) A nonparticipating landowner may elect to sign a written waiver to allow ice throw, blade shear, or shadow flicker from any wind turbine or group of wind turbines on the nonparticipating landowner's property;(vii) Risk assessment for civil air navigation, military or law enforcement routes or training exercises, emergency medical flights, radar operations, and mobile phone services; and(viii) Risk assessment for lighting requirements beyond that which may be required by the Federal Aviation Administration, including the requirement that the wind energy facility be equipped with a Federal Aviation Administration-approved aircraft detection lighting system.
(1) Except as provided in subdivision (b)(2)(A) of this section, an application shall be accompanied by an environmental impact assessment conducted by a qualified, third-party expert and approved by the Arkansas Public Service Commission, paid for by the applicant, of the potential adverse impacts within four (4) miles of the perimeter of the wind energy facility or the wind energy facility expansion.
(2) (A) An environmental impact assessment required under subdivision (b)(1) of this section shall not be required if an environmental review of the wind energy facility or any portion of the wind energy facility is required under the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., as it existed on January 1, 2025, that includes public input, a public hearing, an environmental impact statement, and a viewshed analysis.(B) The environmental impact assessment under subdivision (b)(1) of this section shall include without limitation a study of the:(i) Economic impacts to individuals, real property values, tourism, and agriculture;(ii) Assessment for compliance with state and national fire, building, and electrical codes;(iii) A wildlife impact assessment, including without limitation a study of the potential adverse impacts to:(a) Wildlife refuges;(b) Preserves and management areas;(c) Areas that provide habitat for threatened or endangered species;(d) Primary nursery areas designated by the Arkansas State Game and Fish Commission; and(e) Critical fisheries habitats identified under applicable state or federal law;(iv) Viewshed analysis for:(a) State and federal parks and forests;(b) Historic and cultural sites;(c) Public parks and recreation areas; and(d) Private conservation land;(v) Hydrogeological assessment of areas of water within a minimum of four (4) miles of the perimeter of the wind energy facility or the wind energy facility expansion, including:(a) Bodies of water;(b) Flowing water sources;(c) Stormwater runoff;(d) Wetlands;(e) Groundwater;(f) Aquifers; and(g) Private wells;(vi) (a) Risk assessment and mitigation recommendations for shadow flicker and incidents, including wind turbine fires, structural damage or failure, ice throw, blade shear, and hazardous material spills.(b) Except as provided in subdivision (b)(2)(B)(vi)(c) of this section, shadow flicker shall not exceed thirty (30) hours annually as verified in an assessment prepared according to professional standards.(c) A nonparticipating landowner may elect to sign a written waiver to allow ice throw, blade shear, or shadow flicker from any wind turbine or group of wind turbines on the nonparticipating landowner's property;(vii) Risk assessment for civil air navigation, military or law enforcement routes or training exercises, emergency medical flights, radar operations, and mobile phone services; and(viii) Risk assessment for lighting requirements beyond that which may be required by the Federal Aviation Administration, including the requirement that the wind energy facility be equipped with a Federal Aviation Administration-approved aircraft detection lighting system.
(A) An environmental impact assessment required under subdivision (b)(1) of this section shall not be required if an environmental review of the wind energy facility or any portion of the wind energy facility is required under the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., as it existed on January 1, 2025, that includes public input, a public hearing, an environmental impact statement, and a viewshed analysis.
(B) The environmental impact assessment under subdivision (b)(1) of this section shall include without limitation a study of the:(i) Economic impacts to individuals, real property values, tourism, and agriculture;(ii) Assessment for compliance with state and national fire, building, and electrical codes;(iii) A wildlife impact assessment, including without limitation a study of the potential adverse impacts to:(a) Wildlife refuges;(b) Preserves and management areas;(c) Areas that provide habitat for threatened or endangered species;(d) Primary nursery areas designated by the Arkansas State Game and Fish Commission; and(e) Critical fisheries habitats identified under applicable state or federal law;(iv) Viewshed analysis for:(a) State and federal parks and forests;(b) Historic and cultural sites;(c) Public parks and recreation areas; and(d) Private conservation land;(v) Hydrogeological assessment of areas of water within a minimum of four (4) miles of the perimeter of the wind energy facility or the wind energy facility expansion, including:(a) Bodies of water;(b) Flowing water sources;(c) Stormwater runoff;(d) Wetlands;(e) Groundwater;(f) Aquifers; and(g) Private wells;(vi) (a) Risk assessment and mitigation recommendations for shadow flicker and incidents, including wind turbine fires, structural damage or failure, ice throw, blade shear, and hazardous material spills.(b) Except as provided in subdivision (b)(2)(B)(vi)(c) of this section, shadow flicker shall not exceed thirty (30) hours annually as verified in an assessment prepared according to professional standards.(c) A nonparticipating landowner may elect to sign a written waiver to allow ice throw, blade shear, or shadow flicker from any wind turbine or group of wind turbines on the nonparticipating landowner's property;(vii) Risk assessment for civil air navigation, military or law enforcement routes or training exercises, emergency medical flights, radar operations, and mobile phone services; and(viii) Risk assessment for lighting requirements beyond that which may be required by the Federal Aviation Administration, including the requirement that the wind energy facility be equipped with a Federal Aviation Administration-approved aircraft detection lighting system.
(i) Economic impacts to individuals, real property values, tourism, and agriculture;
(ii) Assessment for compliance with state and national fire, building, and electrical codes;
(iii) A wildlife impact assessment, including without limitation a study of the potential adverse impacts to:
(a) (a) Wildlife refuges;(b) Preserves and management areas;(c) Areas that provide habitat for threatened or endangered species;(d) Primary nursery areas designated by the Arkansas State Game and Fish Commission; and(e) Critical fisheries habitats identified under applicable state or federal law;
(a) Wildlife refuges;
(b) Preserves and management areas;
(c) Areas that provide habitat for threatened or endangered species;
(d) Primary nursery areas designated by the Arkansas State Game and Fish Commission; and
(e) Critical fisheries habitats identified under applicable state or federal law;
(iv) Viewshed analysis for:
(a) (a) State and federal parks and forests;(b) Historic and cultural sites;(c) Public parks and recreation areas; and(d) Private conservation land;
(a) State and federal parks and forests;
(b) Historic and cultural sites;
(c) Public parks and recreation areas; and
(d) Private conservation land;
(v) Hydrogeological assessment of areas of water within a minimum of four (4) miles of the perimeter of the wind energy facility or the wind energy facility expansion, including:
(a) (a) Bodies of water;(b) Flowing water sources;(c) Stormwater runoff;(d) Wetlands;(e) Groundwater;(f) Aquifers; and(g) Private wells;
(a) Bodies of water;
(b) Flowing water sources;
(c) Stormwater runoff;
(d) Wetlands;
(e) Groundwater;
(f) Aquifers; and
(g) Private wells;
(vi) (a) Risk assessment and mitigation recommendations for shadow flicker and incidents, including wind turbine fires, structural damage or failure, ice throw, blade shear, and hazardous material spills.(b) Except as provided in subdivision (b)(2)(B)(vi)(c) of this section, shadow flicker shall not exceed thirty (30) hours annually as verified in an assessment prepared according to professional standards.(c) A nonparticipating landowner may elect to sign a written waiver to allow ice throw, blade shear, or shadow flicker from any wind turbine or group of wind turbines on the nonparticipating landowner's property;
(a) Risk assessment and mitigation recommendations for shadow flicker and incidents, including wind turbine fires, structural damage or failure, ice throw, blade shear, and hazardous material spills.
(b) Except as provided in subdivision (b)(2)(B)(vi)(c) of this section, shadow flicker shall not exceed thirty (30) hours annually as verified in an assessment prepared according to professional standards.
(c) A nonparticipating landowner may elect to sign a written waiver to allow ice throw, blade shear, or shadow flicker from any wind turbine or group of wind turbines on the nonparticipating landowner's property;
(vii) Risk assessment for civil air navigation, military or law enforcement routes or training exercises, emergency medical flights, radar operations, and mobile phone services; and
(viii) Risk assessment for lighting requirements beyond that which may be required by the Federal Aviation Administration, including the requirement that the wind energy facility be equipped with a Federal Aviation Administration-approved aircraft detection lighting system.
(c) (1) Except during an event of inclement weather that prevents the operator of a wind energy facility from controlling the noise level of one (1) or more wind turbines that are part of the wind energy facility, any wind turbine or group of wind turbines of a wind energy facility shall not exceed an emission limit at a nonparticipating landowner's dwelling of thirty-five A-weighted decibels (35 dBA) and forty-five A-weighted decibels (45 dBA) at a nonparticipating landowner's property line as determined by a qualified, third-party acoustics expert according to rules adopted by the Arkansas Public Service Commission based on the American National Standards Institute Standard 12.9 and other applicable American National Standards Institute standards.(2) Before construction of a wind energy facility or a wind energy facility expansion, a qualified, third-party acoustics expert, selected and paid for by the applicant, shall make a baseline determination of preconstruction noise levels, including modeling and enforcement.(3) A nonparticipating landowner may elect to sign a written waiver to allow noise levels greater than those stated under subdivision (c)(1) of this section from any wind turbine or group of wind turbines on the nonparticipating landowner's property.
(1) Except during an event of inclement weather that prevents the operator of a wind energy facility from controlling the noise level of one (1) or more wind turbines that are part of the wind energy facility, any wind turbine or group of wind turbines of a wind energy facility shall not exceed an emission limit at a nonparticipating landowner's dwelling of thirty-five A-weighted decibels (35 dBA) and forty-five A-weighted decibels (45 dBA) at a nonparticipating landowner's property line as determined by a qualified, third-party acoustics expert according to rules adopted by the Arkansas Public Service Commission based on the American National Standards Institute Standard 12.9 and other applicable American National Standards Institute standards.
(2) Before construction of a wind energy facility or a wind energy facility expansion, a qualified, third-party acoustics expert, selected and paid for by the applicant, shall make a baseline determination of preconstruction noise levels, including modeling and enforcement.
(3) A nonparticipating landowner may elect to sign a written waiver to allow noise levels greater than those stated under subdivision (c)(1) of this section from any wind turbine or group of wind turbines on the nonparticipating landowner's property.