Wind Energy Development Rules, 23 CAR pt. 469

The Arkansas Public Service Commission (APSC) has promulgated its final rules for the implementation of the Arkansas Wind Energy Development Act (Act 945 of 2025). The purpose of the final rules is to establish standards and criteria for permitting and regulating wind energy facilities and promote, preserve, and protect the public peace, health, safety, and welfare through effective permitting and regulation of wind energy facilities. Key provisions of the proposed rules include: • Application process and notice requirements to obtain a permit to construct, operate, or redevelop a wind energy facility or wind energy facility expansion in Arkansas. (Subpart 2) • Installation requirements (23 CAR § 469 – 301) • Acoustics standards (23 CAR § 469 – 302) • Decommissioning and removal requirements (23 CAR § 469 – 401) • Requirements related to interconnection with the grid (23 CAR § 469 – 501) • Site visits and enforcement by the APSC (Subpart 6) • Information subject to disclosure (23 CAR § 469 – 106)

The commission held a public hearing on December 11, 2025. The public comment period expired December 11, 2025. Due to its length, the public comment summary can be found on the “docs” tab for this meeting. Isaac Linam, an attorney with the Bureau of Legislative Research, asked the following questions and received the following responses: QUESTION (1) Concerning 23 CAR § 469-103(14)(A)(i) and (ii), it appears the definition was copied directly from Acts 2025, No. 945. These two subdivisions in your rule and in the corresponding Arkansas Code section contain the phrase “under this subchapter”, which appears to be a self-reference in the Arkansas Code to the subchapter in which the Arkansas Wind Energy Development Act was codified. Was it your intention to for your rule to read “Under the Arkansas Wind Energy Development Act”, “under this part”, or some other language? RESPONSE: It should read “under the Arkansas Wind Energy Development Act” rather than “under this subchapter”. [The commission revised the rule to make this change.] QUESTION (2) Concerning 23 CAR § 469-103(14)(B), in your rule, the second part of this definition uses the non-exclusive term “including without limitatio

• Rule packet: B.1.a APSC Wind Energy Development Rules and Act 945
• Public comments: B.1.a.PC APSC PC Summary and Order 6 APSC Wind Energy Development Rules and Act 945
• ALC summary agenda Jun 15, 2026
• ALC agenda Jun 15, 2026
• ALC meeting video Jun 15, 2026
• ALC summary agenda Feb 19, 2026
• ALC agenda Feb 19, 2026
• ALC meeting video Feb 19, 2026
• Arkansas Register, July 2026