Endangered Species - Habitat Provisions - Arkansas

(a) When the purchase of lands by state agencies is considered as an appropriate strategy for the protection of certain nongame species, the lands considered shall be restricted to:

(1) Natural communities, both terrestrial and aquatic, that exhibit the highest degree of integrity and least evidence of disturbance and

(2) Habitats of Arkansas' rarest and most severely endangered or threatened native organisms.

(b) Decisions for land purchase under this program will take into account the availability and preservation status of all Arkansas lands known to represent whatever particular value may be under consideration. In accordance with the same system of priorities, funds from this source may be used for restoring and protecting natural communities, both terrestrial and aquatic, and populations of rare, endangered, or threatened native organisms.

Citation: A.C.A. § 15-45-304.

Criteria for selection (for the Arkansas Unpaved Roads Program Act)--

(c) The proposed unpaved road project shall be located in a watershed area with at least one (1) of the following features, listed in order of priority:

(1) An aquatic species that the federal government has listed as a threatened, endangered, or candidate species...

Citation: A.C.A. § 14-305-105.

(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 (the Statement of Policy for the Arkansas Environmental Quality Act of 1973).

(b) The following categories of real property shall be eligible for inclusion in the [state] system [of natural areas]:...

3) Areas containing habitat for rare, vanishing, or endangered species, subspecies, or populations of animals or plants...

Citation: A.C.A. § 15-20-310.

The General Assembly finds that caves are uncommon geologic phenomena, and that the minerals deposited therein may be rare and occur in unique forms of great beauty which are irreplaceable if destroyed. Also irreplaceable are the cultural resources in caves which are of great scientific and historic value. It is further found that the organisms which live in caves are unusual and of limited numbers, that many are rare and endangered species, and that caves are a natural conduit for groundwater flow and are highly subject to water pollution, thus having far-reaching effects transcending man-made property boundaries. It is therefore declared to be the policy of the State of Arkansas and the intent of this subchapter to protect these unique natural and cultural resources.

Citation: A.C.A. § 15-20-601.

The Arkansas Natural Heritage Commission shall have the following rights, powers, and duties:...

(6)(A) To maintain:...

(ii) An inventory of habitats of rare, vanishing, or endangered species, subspecies, or populations of plants and animals, and other records of natural areas...

Citation: A.C.A. § 15-20-308.

(a) Wetlands and riparian zones have significant benefits to the state. They include:...

3) Habitats for fish and wildlife, including waterfowl and rare or endangered species...

(b) Arkansas has lost over seventy percent (70%) of its pre-European settlement wetlands. Even though the rate of wetland loss in the United States has declined in recent years, wetlands in Arkansas continue to experience significant loss.

(c) The majority of lands suitable for wetlands and riparian zones are held by private owners. The state should encourage these owners to restore and enhance existing wetlands and riparian zones and, when possible, create new wetlands and riparian zones.

(d) The donation of wetland and riparian zone qualified real property interests should be encouraged by the state so that permanent protection of the conservation values of these lands is ensured.

Citation: A.C.A. § 26-51-1502.

...

(b)

(1) Applicants for a solid waste landfill permit or transfer station permit must petition the regional board with jurisdiction over the proposed site for a certificate of need in accordance with procedures adopted by the regional board.

(2) The applicant's petition must establish, at a minimum, that the proposed disposal facility:...

(C) Does not disturb an archaeological site as recognized by the Arkansas Archaeological Survey or a rare and endangered species habitat as recognized by the Arkansas State Game and Fish Commission or the United States Fish and Wildlife Service...

Citation: A.C.A. § 8-6-706.

Purpose and content of county plan--...(c)

(1) Areas of critical environmental concern include, among other things . . . the natural habitat of rare or endangered species, areas with unique ecosystems, or areas recommended for protection in the Arkansas natural areas plan. Plans for these areas shall give consideration to protective mechanisms which seek to regulate activities or development in the areas.

(2) These mechanisms may include establishment of special zoning districts, adoption and enforcement of building codes, acquisition of easements or land through capital expenditures programming, and specialized development policies. Where appropriate, county management activities for areas of critical environmental concern shall involve cooperative agreements with interested state and federal agencies.

Citation: A.C.A. § 14-17-206.