Title 15, Natural Resources and Economic Development

The issuance of State of Arkansas Water, Waste Disposal, and Pollution Abatement Facilities general obligation bonds authorized under this subchapter shall not impair or affect any outstanding bonds of the Arkansas Natural Resources Commission issued under the prior act.

(a) (1) State of Arkansas Water, Waste Disposal, and Pollution Abatement Facilities general obligation bonds shall not be issued under this subchapter except with the consent of a majority of the qualified electors of the state voting on the question in substantially the form des…

(a) If a majority of the qualified electors voting on the question submitted under § 15-20-1518 vote for the issuance of State of Arkansas Water, Waste Disposal, and Pollution Abatement Facilities general obligation bonds, the Arkansas Natural Resources Commission shall proceed w…

This subchapter shall not constitute a waiver of the authority to issue bonds under the prior act or any other legislation authorizing the issuance of bonds for similar purposes.

If, for any reason, any section or provision of this subchapter is held to be unconstitutional or invalid for any reason, the holding shall not affect the remainder of this subchapter, but this subchapter, insofar as this subchapter is not in conflict with the Arkansas Constituti…

(a) A case involving the validity of this subchapter or involving State of Arkansas Water, Waste Disposal, and Pollution Abatement Facilities general obligation bonds issued under this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as …

(1) This subchapter:(1) Shall be liberally construed to accomplish its purposes;(2) Shall constitute the sole authority necessary to accomplish the purposes of the subchapter, and to this end it is not necessary that the provisions of other laws pertaining to the development of p…

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”.

(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 c…

(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 th…

The Arkansas Natural Resources Commission shall from time to time select from its membership a chair and a vice chair.

(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. (1) The Director of the Arkansas Natural Resources Commission shall b…

(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 condu…

(1) The Arkansas Natural Resources Commission shall have the authority to:(1) (A) Enter into negotiations with the duly authorized representatives of adjoining states relating to the protection and use of interstate waters occurring in underground aquifers, streams, lakes, reserv…

(a) Should any city, town, county, or political subdivision receiving general revenue turnback funds, as defined in the Revenue Stabilization Law, § 19-20-101 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…

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.

(1) 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 Reso…

This subchapter may be cited and referred to as the “Arkansas Environmental Quality Act of 1973”.

(1) 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 …

(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.

The Arkansas Natural Heritage Commission, hereinafter called the “commission”, is established.

(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 congres…

(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…

(1) The Arkansas Natural Heritage Commission shall have the following rights, powers, and duties:(1) To choose lands, waters, and interests therein to be acquired in the manner set forth elsewhere in this subchapter for inclusion in the system, in accordance with criteria specifi…

(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…