Can my Arkansas city or county pause wind turbine construction with a moratorium under Act 945 of 2025?
Plain-English summary
Representative Hall asked the AG whether local governments in Arkansas can enact moratoriums on wind turbine construction in light of Act 945 of 2025 (the Arkansas Wind Energy Development Act).
The AG's answer: yes. Two reasons:
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Act 945 expressly permits local regulation. A.C.A. § 23-18-1313(a)(1) authorizes a local government unit to "adopt local legislation addressing the construction, expansion, operation, or redevelopment of a wind energy facility" if consistent with the Act and other federal and state laws.
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Act 945 expressly permits more restrictive local regulation. The same provision enables local laws more restrictive than state law.
A moratorium is an interim zoning measure, typically enacted by ordinance or resolution, that halts all local approvals of certain types of development for a defined period. Moratoriums let local governments study new land uses (like wind farms) before approving them. Their validity depends on:
- Reasonable duration
- Local government acted in good faith
- Local government responded promptly to the development issue
- Serves a legitimate public purpose
- Complies with relevant law (Act 945 and zoning procedures)
Arkansas zoning authority comes from A.C.A. § 14-56-416 (municipalities) and § 14-17-209 (counties). Both have the police-power foundation to enact zoning regulations, including interim moratoriums.
No state-law time frame. Question 2 asked whether there is a deadline for enacting moratoriums. Answer: no.
What this means for you
If you are a city council member or county judge in a community facing wind farm proposals
You can enact a moratorium to pause wind turbine construction while you study impacts and develop permanent zoning. The Arkansas Wind Energy Development Act does not bar you. Best practices:
- Adopt by ordinance or resolution following your normal local procedures.
- Set a reasonable duration (typically 6-12 months for study moratoriums).
- Identify a legitimate public purpose (study setback distances, noise impacts, viewshed protections, decommissioning bonds).
- Begin substantive zoning work immediately so the moratorium does not look like an indefinite ban dressed up as a study.
- Coordinate with your city attorney to make sure the moratorium aligns with your existing zoning code and Arkansas zoning enabling statutes.
If you are a wind energy developer
Local moratoriums are legally permissible under Act 945. Engage with local officials early. A community blindsided by a wind farm announcement is more likely to enact a moratorium than one engaged in a substantive review process from the start.
If you live near a proposed wind farm
Local government has authority to slow down or stop wind farm construction. Petition your city council or quorum court to enact a moratorium and work through legitimate concerns: setbacks, noise, shadow flicker, land use compatibility, decommissioning bonds. The AG's opinion confirms the legal authority.
If you are a county or city attorney
Build the moratorium ordinance with three pillars:
1. Legitimate public purpose (specific, articulated).
2. Reasonable duration with study deliverables.
3. Sunset or extension procedure so the moratorium does not appear permanent by default.
Coordinate with the planning department on the substantive zoning work that justifies the moratorium.
Common questions
What is a moratorium?
An interim zoning measure that temporarily halts local approvals of one or more types of development. Typically used to give the locality time to study and adopt permanent zoning rules.
How long can a moratorium last?
There is no statutory time limit, but courts evaluate moratoriums for reasonable duration. Common practice is 6-12 months for study moratoriums, with possible extensions if the study work is ongoing.
Can the moratorium be permanent?
A moratorium described as permanent is no longer a moratorium; it is a zoning ban. Bans can be valid as part of a comprehensive zoning scheme but raise different legal questions, including takings analysis if the property loses all economic use.
What if a wind energy developer is mid-permit when the moratorium is enacted?
Vested rights doctrine applies. A developer that has obtained the relevant approvals may be insulated from a later moratorium. The specifics depend on Arkansas vested-rights case law and the timing of approvals.
Can the moratorium be challenged in court?
Yes. Common challenges: the moratorium lacks legitimate public purpose, the duration is unreasonable, it constitutes a taking under the Fifth Amendment or Arkansas Constitution, or it conflicts with state law. Ecogen v. Town of Italy (W.D.N.Y. 2006) is the AG's cited example of moratorium analysis.
What about Act 940 of 2025?
Acts 940 and 945 both add subchapters to Title 23, Chapter 18 of the Arkansas Code. Act 945 is the Wind Energy Development Act covered here. Act 940 addresses retirement of dispatchable electric generation facilities (separate subject).
Background and statutory framework
Act 945 of 2025 (Arkansas Wind Energy Development Act). Codified at A.C.A. § 23-18-1301 et seq.
A.C.A. § 23-18-1303. Defines "local government" for purposes of the Act.
A.C.A. § 23-18-1313(a)(1). Authorizes local governments 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." Also enables local laws more restrictive than state law.
A.C.A. § 14-56-416 (municipal zoning). Zoning authority for cities and incorporated towns.
A.C.A. § 14-17-209 (county zoning). Zoning authority for counties.
Moratoriums as interim zoning. Recognized in 4 Am. Law. Zoning § 35:1 (5th ed.) and 61 Planning & Environmental Law No. 9, p. 3. Validity test: reasonable duration, good-faith local action, legitimate public purpose, compliance with relevant law.
Police power foundation. 32 Am. Jur. Proof of Facts 3d 485. Zoning is a valid exercise of state police power if aligned with enabling legislation and constitutional rights.
Persuasive federal authority. Ecogen, LLC v. Town of Italy, 438 F. Supp. 2d 149 (W.D.N.Y. 2006), upholding a wind energy moratorium under similar analysis.
Citations
Statutes:
- A.C.A. § 14-17-209 (county zoning authority)
- A.C.A. § 14-56-416 (municipal zoning authority)
- A.C.A. § 23-18-1303 (definitions in Wind Energy Development Act)
- A.C.A. § 23-18-1313 (local government regulation under the Act)
Federal case (persuasive):
- Ecogen, LLC v. Town of Italy, 438 F. Supp. 2d 149 (W.D.N.Y. 2006)
Secondary:
- 4 Am. Law. Zoning § 35:1 (5th ed.)
- 32 Am. Jur. Proof of Facts 3d 485
- 61 Planning & Environmental Law No. 9, p. 3
Source
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:
- 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.
- 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