Title 15 — Natural Resources and Economic Development

(1) 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 …

(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…

(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 n…

(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…

(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.

(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 impe…

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.

(1) 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 facilitie…

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.

Any moneys, funds, and property described in § 15-20-309 shall be used solely for the purpose of carrying out § 15-20-308.

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.

This subchapter shall be known and may be cited as the “Conservation Easement Act”.

(1) 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…

(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 creat…

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.

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.

Except as provided in § 15-20-409(b), a conservation easement is unlimited in duration unless the instrument creating it provides otherwise.

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.

(1) 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) I…

(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. (1) An owner of…

(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 assur…

(1) 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…

(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 misdemeano…

(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 acti…

The General Assembly finds that caves are uncommon geologic phenomena, and that the minerals deposited therein may be rare and occur in unique forms of great beauty which are irreplaceable if destroyed. Also irreplaceable are the cultural resources in caves which are of great sci…

(1) As used in this subchapter:(1) “Archeological site” means physical evidence of human activity which is fifty (50) years old or older;(2) (A) (i) “Cave” means any naturally formed cavity beneath the surface of the earth which is enterable by people by a natural entrance into t…

(a) It shall be unlawful for any person, without express permission of the owner, to purposefully or recklessly:(1) Break, carve, mark upon, or deface the natural rock surface of any cave, whether wall, ceiling, or floor, any speleothem, whether attached or previously broken, or …

(a) It shall be unlawful for any person to knowingly store, dump, litter, dispose of, or otherwise place any refuse, garbage, dead animals, sewage, or toxic substances harmful to cave life or humans in any cave or sinkhole. (b) It shall be unlawful to burn within a cave or sinkho…

Any cave owner may, at the owner's discretion and with the consent of the Arkansas Natural Heritage Commission, enter into an agreement with the commission for the purpose of applying conservation measures to the owner's cave.

Neither the owner of a cave nor his or her employees or agents acting within the scope of their authority shall be liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave. This section i…

In addition to the enforcement of this subchapter by criminal process, an owner may apply to the circuit court of any county in which he or she has reasonable cause to believe conduct prohibited by this subchapter is occurring or is about to occur for a temporary or permanent inj…

This subchapter may be cited and referred to as the “Arkansas Scenic Resources Act of 1991”.

(1) It is the policy of the State of Arkansas to:(1) Preserve, manage, and enhance the scenic beauty of lands and rights-of-way owned or administered by state agencies;(2) Encourage local, regional, and federal governmental agencies to give priority to landscape protection and en…

(1) As used in this subchapter:(1) “Commission” means the State Parks, Recreation, and Travel Commission;(2) “Department” means the Department of Parks, Heritage, and Tourism; and(3) “Registry” means the state Registry of Scenic Resources created by this subchapter. (1) “Commissi…

This subchapter shall not affect the rights of private landowners, nor shall this subchapter repeal any other law.

(a) The State Parks, Recreation, and Travel Commission and the Department of Parks, Heritage, and Tourism shall have the following duties in addition to those otherwise prescribed by law:(1) To identify and maintain a registry of lands and waters in the state, whether publicly or…

(a) There is established the Registry of Scenic Resources. (b) The registry shall identify lands and waters in the state that exhibit outstanding characteristics of scenic beauty. (c) The registry shall be maintained by the Department of Parks, Heritage, and Tourism. (d) The regi…

(1) As used in this subchapter:(1) “Commission” means the Arkansas Natural Resources Commission;(2) “Fairness opinion” means a written opinion by the commission's financial advisor stating that the proposed transaction is structured in a commercially reasonable manner and that th…

(a) (1) The Arkansas Natural Resources Commission is authorized to pledge or sell loans or undivided interests in pools of loans to investors in consideration for the payment to the commission of cash or cash equivalents.(2) The commission is further authorized to:(A) Sell the lo…

(1) Prior to the sale, pledge, or other use of the loans or undivided interests in pools of loans, the Arkansas Natural Resources Commission shall retain the services of a financial advisor who shall render, prior to the closing of the contemplated transaction, a fairness opinion…

(a) In no event shall the Arkansas Natural Resources Commission obligate or pledge the full faith and credit of the State of Arkansas to secure any obligation sold, pledged, or placed with investors under this subchapter. (b) (1) The commission shall not pledge its full faith and…

This subchapter shall be known and may be cited as the “Arkansas Poultry Feeding Operations Registration Act”.

(1) It is found by the General Assembly that:(1) Litter provides nutrients that are beneficial to plant growth;(2) The proper utilization of litter allows the addition of nutrients to the soil at a low cost;(3) Improper utilization may result in a buildup of nutrients in the soil…

(1) As used in this subchapter:(1) “Land application” means the application of litter, in whole or in part, to land;(2) “Litter” means byproducts associated with the confinement of poultry, including excrement, feed wastes, bedding materials, composted carcasses, and any combinat…

(a) The Department of Agriculture shall operate an annual registration program for the purpose of assembling and maintaining information on the number, composition, and practices of poultry feeding operations in the state. (b) All poultry feeding operations shall register annuall…

(a) (1) The Department of Agriculture may enter on private property to determine compliance with this subchapter.(2) (A) Entry shall not occur without prior notification of the owner, operator, or agent in charge of the property.(B) Notice shall be given to the owner, operator, o…

(a) Fees paid and penalties collected shall be deposited into the Arkansas Water Development Fund and used in furtherance of the nutrient management program, including this subchapter. (b) Fees or penalties collected shall be cash funds when received by the Treasurer of State and…