Under Arkansas Code § 18-11-902 (effective August 5, 2025), an Agricultural Impact Remediation Agreement is required before construction of a commercial renewable energy facility on agricultural land. These agreements help ensure agricultural land is properly restored after a facility is deconstructed.
Before construction begins, the commercial renewable energy facility owner must enter into a written agreement with the landowner. A copy of the completed agreement must be submitted to the Arkansas Department of Agriculture at least 45 days before the full notice to proceed under the construction contract.
The agreement must:
- Outline construction and deconstruction standards to ensure restoration of agricultural land.
- Be binding on any subsequent facility owner or landowner.
- Include a comprehensive deconstruction plan.
- Provide adequate proof of financial mechanisms and assurances to carry out deconstruction and restoration.
Agreements submitted to the Department are not public records and are exempt from disclosure under the Arkansas Freedom of Information Act.
Exemptions
This requirement:
- Does not apply to agreements entered into before August 5, 2025.
- Does not apply when the commercial renewable energy facility owner is also the landowner.
- May be modified by terms in an underlying agreement between the parties.
File an Agreement
To submit an Agricultural Impact Remediation Agreement, email a copy to: