A moratorium on future industrial wind and solar energy projects in Carroll County, which received final approval from the Carroll County Quorum Court on May 20, will not be in conflict with a new state law, deputy prosecuting attorney Steven Simmons told justices of the peace before they voted on the issue.
State lawmakers passed a bill during the 2025 legislative session establishing a regulatory framework for wind energy facilities in the state. During the May 20 meeting of the local quorum court, JPs asked whether the new state law — Act 945 — would supersede the local ordinance.
“Mr. Rogers, Mr. Parker and I have all worked on this project,” Simmons said, referring to Carroll County Prosecuting Attorney Tony Rogers and chief deputy prosecutor Craig Parker. “We feel that the moratorium is valid. It’s legal. The statute itself says the county can have a more stringent regulation, but not a less stringent regulation than the statute. We feel that … the county has a valid rational basis for imposing this restriction. There’s no reason for any heightened scrutiny, so the rational basis test would apply. And so if 11 of you feel like that this is a valid concern of the county, we believe that it’s legal.”
In response to a question from District 7 JP Kellie Matt, Simmons said Act 945 has not taken effect yet.
“So we can’t violate something that’s not in effect,” Matt said.
“Even if (Act 945) preempted you, which we don’t believe it does, there is absolutely no legislation in effect from today’s date until it does take effect,” Simmons said.
JPs voted 10-0 to approve the ordinance establishing the moratorium on its third and final reading. The District 1 seat remains vacant after the retirement of longtime JP Jack Deaton.
The ordinance establishing the moratorium — sponsored by Matt and District 10 JP Jerry King — specifically states that it will not apply to Scout Clean Energy’s Nimbus Project, currently under construction along County Road 905 south of Green Forest.
The Nimbus Project will include 30 wind turbines — four of which Scout says will be 591 feet tall and the other 26 that the company says will be 644 feet tall. The turbines will be placed on private property, the owners of which have signed lease agreements with Scout.
Opponents of the project say it will be harmful to wildlife, have adverse health effects and pose a potential safety risk for humans and potentially cause significant damage to county roads, along with disturbing the natural beauty of the area and having a negative effect on tourism. Supporters of the project say landowners should be free to do as they please on their own property.
