Browse Arkansas Code titles and sections
8-10-304. Motor vehicle racing facilities in certain municipalities — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-10-304. Motor vehicle racing facilities in certain municipalities — Definition.
(a) Sections 8-10-302 and 8-10-303 do not apply to any motor vehicle racing facilities located in a county having a population between eighty thousand (80,000) and ninety thousand (90,000) according to the 1990 Federal Decennial Census and that are:
(1) South of a navigable waterway that traverses the state; or
(2) More than two (2) miles from an interstate highway, public or private school, or church facility in place at the time of the original permit application.
(b)(1)(A) A person or entity proposing and constructing a motor vehicle racing facility under subsection (a) of this section shall seek the approval of and issuance of an annual permit from the Division of Environmental Quality.
(B) The division's approval shall be sought by filing a permit application with the division, which shall contain a written proposal for the motor vehicle racing facility containing the substance of the proposed facility, including:
(i) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility;
(ii) The maximum projected noise level of the racing vehicles;
(iii) A description of the kinds of races and the types of buildings, stands, or other physical plants proposed for the motor vehicle racing facility;
(iv) Estimates of traffic counts and numbers of spectators; and
(v) Any other relevant permit information as may be determined necessary for the permit application by the division.
(2)(A)(i) For the initial permit application for new motor vehicle racing facilities to be constructed, the division shall conduct a public hearing on the proposed motor vehicle racing facility.
(ii) The division shall set a date for the public hearing to be
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-10-304
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:8-10-304
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5b39d2a1514f4cfd8deee8851946f5b75b96e41a97609e191fe5be5c0b14afbc
Source location: content.xml paragraph 10490
Stored source content
8-10-304. Motor vehicle racing facilities in certain municipalities — Definition.
(a) Sections 8-10-302 and 8-10-303 do not apply to any motor vehicle racing facilities located in a county having a population between eighty thousand (80,000) and ninety thousand (90,000) according to the 1990 Federal Decennial Census and that are:
(1) South of a navigable waterway that traverses the state; or
(2) More than two (2) miles from an interstate highway, public or private school, or church facility in place at the time of the original permit application.
(b)(1)(A) A person or entity proposing and constructing a motor vehicle racing facility under subsection (a) of this section shall seek the approval of and issuance of an annual permit from the Division of Environmental Quality.
(B) The division's approval shall be sought by filing a permit application with the division, which shall contain a written proposal for the motor vehicle racing facility containing the substance of the proposed facility, including:
(i) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility;
(ii) The maximum projected noise level of the racing vehicles;
(iii) A description of the kinds of races and the types of buildings, stands, or other physical plants proposed for the motor vehicle racing facility;
(iv) Estimates of traffic counts and numbers of spectators; and
(v) Any other relevant permit information as may be determined necessary for the permit application by the division.
(2)(A)(i) For the initial permit application for new motor vehicle racing facilities to be constructed, the division shall conduct a public hearing on the proposed motor vehicle racing facility.
(ii) The division shall set a date for the public hearing to be held on the proposed motor vehicle racing facility permit which shall not be fewer than thirty (30) days after the filing of the initial permit application.
(iii) The hearing under this subdivision (b)(2) for the initial permit may be adjourned and continued if necessary.
(B)(i) The division, in its discretion, may hold public hearings for the renewal of any permits as is necessary.
(ii) Any interested persons may appear and contest the granting of the approval or renewal of the motor vehicle racing facility permit.
(iii) Affidavits in support of or against the proposed motor vehicle racing facility or a permit renewal, which may be prepared and submitted, shall be examined by the division.
(3) After the hearing for the initial permit or upon application for the renewal of its annual permit, if the division is satisfied that the benefits of the motor vehicle racing facility are sustained by proof and outweigh its impact by the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, then the division shall grant the initial permit approving the proposed motor vehicle racing facility or shall renew approval to the permitted or existing motor vehicle racing facility.
(4) Renewal of an annual permit may also be denied if:
(A) The motor vehicle racing facility is determined to be in violation of any standards under which the permit was issued; or
(B) The motor vehicle racing facility is constructed or is being operated in a manner that is materially different than was represented during the initial application process.
(5) If any material changes, additions, or improvements are made to the motor vehicle racing facility, the permit shall be amended accordingly, and the division may reconsider the approval of the permit.
(6) The Arkansas Pollution Control and Ecology Commission shall have the authority to promulgate any and all necessary rules to implement this section, including the authority to set a permit fee to recover the cost of issuing the permit.
(c) Each motor vehicle racing facility constructed in an area under this section that applies for and receives an initial annual permit to operate its motor vehicle racing facility shall thereafter apply annually for renewal of its permit.
(d) As used in this section, “motor vehicle racing facility” means any facility designed and used for competitive racing by automobiles or trucks that are modified for racing.
(e) Due to the noise pollution and air pollution from the racing vehicles and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility shall be permitted or constructed under this section within one (1) mile of the boundary of another county.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-10-302. Construction of motor vehicle racing facility — Requirement — Definition.
(a)(1) Due to the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility may be constructed in this state after passage of this act without the consent of at least seventy-five percent (75%) of the property owners and seventy-five percent (75%) of the registered voters within three (3) miles of the outside boundary of the proposed motor vehicle racing facility.
(2)(A) Such consent shall be accomplished by signing petitions that shall be filed with the city clerk if the motor vehicle racing facility is to be located within the boundaries of any city or town or with the county clerk if the motor vehicle racing facility is to be located wholly or partially outside the boundaries of any city or town.
(B) The petitions shall indicate:
(i) The name;
(ii) The residence address or, if a nonresident property owner, the address or legal description of the property located within the three-mile area; and
(iii) The date of the signature.
(C)(i) The petitions must be verified pursuant to § 7-9-109.
(ii) Signatures shall become invalid sixty (60) days after signing.
(iii) It shall be the duty of the county clerk or city clerk, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency or insufficiency of the signatures in writing to the Division of Environmental Quality.
(b) As used in this section, “motor vehicle racing facility” means any facility designed and used for competitive racing by automobiles or trucks that are modified for racing.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-10-302
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 8-10-302. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-10-303. Permit requirement — Definition.
(a)(1)(A) Due to the noise pollution and air pollution from the racing vehicles and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility shall be constructed in this state after passage of this section without the consent of at least seventy-five percent (75%) of the property owners and seventy-five percent (75%) of the registered voters within three (3) miles of the outside boundary of the proposed motor vehicle racing facility and without an annual permit issued by the Division of Environmental Quality.
(B) The consent shall be required for the initial annual permit only.
(2)(A) Consent shall be accomplished by signing petitions which shall be filed with the city clerk if the motor vehicle racing facility is to be located within the boundaries of any city or town or with the county clerk if the motor vehicle racing facility is to be located wholly or partially outside the boundaries of any city or town.
(B) The petitions shall indicate:
(i) The name;
(ii) The residence address or, if a nonresident property owner, the address or legal description of the property located within the three-mile area; and
(iii) The date of the signature.
(C)(i) The petitions must be verified pursuant to § 7-9-109.
(ii) Signatures shall become invalid sixty (60) days after signing.
(iii) It shall be the duty of the county clerk or city clerk, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency or insufficiency of the signatures in writing to the division.
(3)(A)(i) Once the sufficiency of the petitions is determined, the persons or entity proposing and constructing a motor vehicle racing facility after August 1, 1997, shall seek the approva
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-10-303
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 8-10-303. This identifies an authority to review, not proof of applicability.