Carroll County bans wind farms for 5 years

The Carroll County Quorum Court passed a five-year moratorium on Tuesday night temporarily banning any new commercial wind or solar energy facilities in the county.

It was the third reading in as many months of the proposed ordinance, which is the number required for an ordinance to become law under Arkansas Code Annotated § 14-55-202.

After each reading -- at regular quorum court meetings in March, April and May -- justices of the peace in attendance voted unanimously in favor of the ordinance, said Jerry King of Green Forest, a court member and one of the sponsors of the ordinance.

Madison County became the first county in Arkansas to pass a moratorium on wind farms. That one-year moratorium passed unanimously in December.

The Carroll County ordinance exempts Scout Clean Energy, which began construction in November at its Nimbus Wind Project in near Green Forest, but the ordinance prevents Scout from expanding beyond its current 30-turbine plans. Those turbines, slated to be completed next year, will be about 600 feet tall.

The quorum court voted down previous proposals that would have stopped the Nimbus project.

"I talked to several different lawyers, and they said, 'Jerry, if you mess with that first project, you will get the county sued and they will win,'" said King.

Opponents of the Nimbus project have brought it up at quorum court meetings for the past two and a half years. They are concerned about a variety of issues, including safety, noise and the shadow flicker caused by the turning blades when the sun is low on the horizon. They also noted that construction in the karst terrain of the Ozark Mountains could damage underground water sources or wildlife habitat.

Caroline Rogers, another member of the quorum court, said the moratorium was necessary to prevent other companies from coming into Carroll County with wind farms. She said another company has been trying to secure leases from landowners.

"The moratorium needed to be done," she said. "Obviously, I wish it had been done two and a half years ago, but we have to take what we have to take. It does save the rest of Carroll County because we have this second wind company already knocking door to door looking for leases."

Rogers said she ran for justice of the peace last year on the wind farm issue. She lives on County Road 905 near the site of the Nimbus Wind Project.

"I knew the whole state of Arkansas was going to be under attack," she said. "So one of my goals was to alert the other counties, to say, 'Hey look, y'all better get on the stick.'"

The ordinance passed Tuesday will be in effect until five years after the last of Nimbus' 30 turbines begins producing electricity, or until the quorum court decides to lift the moratorium.

"This temporary moratorium is enacted to provide time for the Quorum Court to consider adopting appropriate regulations for commercial wind and solar energy facilities," according to the ordinance. "The Quorum Court finds that this ordinance is necessary to protect public health, safety, and welfare. Therefore, this ordinance shall take effect immediately upon adoption."

Violation of the ordinance is a misdemeanor, punishable by a maximum fine of $500 per day, according to the ordinance.

Residential solar energy panels and small-scale wind-energy systems intended for on-site use are exempt from the ordinance. Also exempt are solar or wind-energy systems installed on municipal buildings, schools or business parks for the exclusive use of the occupants.

Meanwhile, the Arkansas Legislature passed a bill in April to regulate wind farms in the state. Gov. Sarah Huckabee Sanders signed Senate Bill 437 into law as Act 945.

Among other things, it requires the base of wind turbines to be 1 mile from schools, hospitals, nursing homes, churches, parks, airports and city limits.

Act 945 sets a minimum distance for the base of wind turbines at 2,500 feet from a neighbor's property, or 3.5 times the height of the turbine when the blade is pointing straight up, whichever is greater. A neighboring landowner can sign a waiver to allow wind turbines to be placed 1.1 times the total height of the turbine from his property.

It exempts wind farms that were "under development" as of April 9. Under development means land leases are being executed, necessary state and federal studies have begun, or construction has begun, according to the bill.

Rogers said the act could be amended in future sessions of the Legislature.

"Even though Act 945 is terrific -- it's great -- however, the stroke of a pen can change one sentence and those turbines will be all over the place," she said.

The Carroll County law, however, probably won't be changed anytime soon, she said.

Two wind farms were under construction in Arkansas at that time -- the Nimbus Wind Project and the Crossover Wind Project in Cross County. Other planned wind farms may fall under the category of being "under development" if land leases are being executed or applicable studies underway.