§ 15-20-301. Title

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

§ 15-20-302. State policy

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 this generation is a […]

§ 15-20-303. System of natural areas — Establishment

(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.

§ 15-20-304. Arkansas Natural Heritage Commission — Establishment

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

§ 15-20-305. Commission — Members

(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 congressional district and one (1) member to be […]

§ 15-20-306. Commission — Organization

(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 its business and keeping records thereof. (c) Eight (8) members shall constitute […]

§ 15-20-308. Commission — Rights, powers, and duties

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 specified in § 15-20-310; (2) (A) (i) To acquire, by purchase, gift, devise, […]

§ 15-20-309. Commission — Power to receive gifts of property and to acquire real estate for trade or exchange

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 and public sources, or federal, or either, and to sell or dispose of […]

§ 15-20-310. Acquisition of natural areas properties — Categories

(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 representative of the various types of lands and habitats typical of […]

§ 15-20-311. Limitation on purchase of land

(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 not to exceed forty (40) additional acres […]

§ 15-20-312. Dedication of property — Definition

(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 the fee title to certain real property, whether a private individual, […]

§ 15-20-313. Designation of areas of local significance

(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.

§ 15-20-314. Changes in property interests as result of dedication

(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 imperative public necessity; (2) There is no feasible and prudent alternative thereto; and […]

§ 15-20-315. Restrictions on alienation or encumbrance

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.

§ 15-20-316. Exemptions to §§ 15-20-314 and 15-20-315

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 facilities, the construction of which has been permitted by order of the […]

§ 15-20-317. Fees for research services

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.

§ 15-20-318. Use of funds

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

§ 15-20-319. Deposit of moneys

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.