Can an Arkansas city or county temporarily pause wind turbine construction under Act 945 of 2025?

Plain-English summary

Representative Hall asked whether local governments may impose moratoriums on wind turbine construction and installation under Act 945 of 2025. The Attorney General answered yes. Act 945 allows local legislation addressing wind energy facilities when it is consistent with the Act and other federal and state laws. It also permits local legislation more restrictive than state law. The opinion says no state or federal law prohibits or preempts these moratoriums.

A moratorium temporarily halts local development approvals while a government studies a new land use. The opinion does not decide whether a locality may permanently ban wind facilities. A particular moratorium's validity depends on reasonable duration, good faith and prompt local action, a legitimate public purpose, and compliance with applicable law and zoning procedures. The Attorney General found no deadline for enacting a wind energy moratorium.

What this means for you

If you serve on a city council or quorum court

You may consider a temporary wind energy moratorium. Identify the development issue and public purpose, respond promptly, and check that the measure follows applicable zoning procedures and Act 945. The opinion recognizes local authority but does not approve a specific ordinance in advance.

If you are a wind energy developer

Check whether the city or county has adopted a temporary moratorium before seeking local approvals. The opinion says such a measure can be lawful, but its duration, purpose, process, and consistency with other laws matter.

If you live near a proposed wind project

You can ask local officials to consider a temporary pause while they study the proposal. This opinion supports authority to enact a moratorium; it does not establish authority to stop construction permanently.

Common questions

Can the city or county permanently prohibit wind construction under this opinion?
The Attorney General addressed temporary moratoriums. The opinion does not decide whether a permanent prohibition is lawful.

How long may a moratorium last?
The opinion states no fixed maximum length. It says the validity of a specific moratorium depends in part on whether its duration is reasonable.

Is there a deadline to enact a wind energy moratorium?
No. The Attorney General expressly answered that there is no timeframe for enacting one.

Does this opinion decide what happens to an application already in progress?
No. It discusses the authority to enact moratoriums and the general factors affecting their validity, without resolving any particular application.

Background and statutory framework

Act 945's A.C.A. § 23-18-1313(a)(1) authorizes local legislation on the construction, expansion, operation, or redevelopment of wind energy facilities, subject to consistency with the Act and existing federal and state law. The opinion identifies A.C.A. § 14-56-416 as the source of municipal zoning authority and A.C.A. § 14-17-209 as the source of county zoning authority. Its PDF footnote cautions that the Arkansas Code Revision Commission may renumber the Act 945 provisions.

Citations

• A.C.A. § 23-18-1303; A.C.A. § 23-18-1313; A.C.A. § 14-56-416; A.C.A. § 14-17-209.
• Ecogen, LLC v. Town of Italy, 438 F. Supp. 2d 149, 161–62 (W.D. N.Y. 2006), cited in the PDF footnote on the temporary nature of moratoriums.

Source

• Official opinion search: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/ (Opinion No. 2025-041; PDF consulted for footnotes).

Original opinion text

BOB R. BROOKS JR. JUSTICE BUILDING
101 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
Opinion No. 2025-041
September 23, 2025
The Honorable Brad Hall
State Representative
1527 Pointer Trail East
Van Buren, Arkansas 72956

Dear Representative Hall:

I am writing in response to your request for an opinion on whether local governments may enact moratoriums on the construction and installation of wind turbines under Act 945 of 2025 (the "Arkansas Wind Energy Development Act").

You ask the following questions:

1. Pursuant to Act 945, may a city, county, or other municipality/governmental subdivision enact any moratoriums on the construction and installation of wind turbines or similar structures?

Brief response: Yes, local governments, as defined in A.C.A. § 23-18-1303, may enact moratoriums on wind-turbine construction.

2. If the response to question one is in the affirmative, is there a time frame for enacting such moratoriums?

Brief response: No, there is no timeframe for enacting any moratoriums related to wind energy.

DISCUSSION

Moratoriums are an interim zoning measure, typically enacted through an ordinance or resolution, that halts all local approvals of one or more types of development. They are temporary and are typically enacted to allow a local unit of government time to study and make informed decisions in response to new land uses, such as wind farms. The validity of a specific moratorium depends on whether its duration is reasonable, whether the local government acted in good faith and responded promptly to the development issue that necessitated the moratorium, whether it serves a legitimate public purpose, and whether it complies with all relevant laws, including those explicitly related to the moratoriums (in this case, the Arkansas Wind Energy Development Act) and those governing zoning procedures.

Zoning regulations, like moratoriums, are generally upheld by the courts if they serve a legitimate public purpose, are not unreasonably burdensome to private interests, and are applied fairly and without discrimination. Courts have consistently recognized zoning as a valid exercise of the government's police power, provided it aligns with enabling legislation and respects constitutional rights. In Arkansas, a municipality's zoning authority comes from A.C.A. § 14-56-416, whereas a county's zoning authority is established in A.C.A. § 14-17-209.

Question 1: Pursuant to Act 945, may a city, county, or other municipality/governmental subdivision enact any moratoriums on the construction and installation of wind turbines or similar structures?

Yes, a local unit of government, as defined in A.C.A. § 23-18-1303(4)(A)-(E), may enact moratoriums on the construction and installation of wind turbines or similar structures. The Arkansas Wind Energy Development Act does not prohibit moratoriums. Rather, A.C.A. § 23-18-1313(a)(1) authorizes a local unit of government to "adopt local legislation addressing the construction, expansion, operation, or redevelopment of a wind energy facility … if the local legislation is consistent with this subchapter and existing federal and state laws." It also enables a local unit of government to pass legislation that is more restrictive than state law.

In my opinion, A.C.A. § 23-18-1313 broadly delegates authority to municipalities and counties, enabling them to enact local laws that address their specific needs, including the possibility of imposing moratoriums on wind energy development. No state or federal law prohibits or preempts a local unit of government from passing moratoriums on the construction and installation of wind turbines and similar facilities.

Question 2: If the response to question one is in the affirmative, is there a time frame for enacting such moratoriums?

No, there is no timeframe for enacting any moratoriums related to wind energy.

Assistant Attorney General Justin Hughes prepared this opinion, which I hereby approve.

Sincerely,
TIM GRIFFIN
Attorney General

PDF footnotes omitted from the public index full text:

1. Acts 940 and 945 of the 95th General Assembly both amend Title 23, Chapter 18 of the Arkansas Code to add Subchapter 13. Subchapter 13 under Act 945 is the “Arkansas Wind Energy Development Act,” while Subchapter 13 under Act 940 is titled, “Retirement of Dispatchable Electric Generation Facilities.” The Subchapter 13 code sections cited within this opinion refer to those created by Act 945. But note that the Arkansas Code Revision Commission may renumber them.
2. 61 Planning & Environmental Law No. 9, p. 3.
3. 4 Am. Law. Zoning § 35:1 (5th ed.); Ecogen, LLC v. Town of Italy, 438 F. Supp. 2d 149, 161–62 (W.D. N.Y. 2006).
4. Id.
5. 32 Am. Jur. Proof of Facts 3d 485.