Rhode Island 2025 Regular Session

Rhode Island House Bill H5294 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2025 -- H 5294
6	6	========
7	7	LC001096
8	8	========
9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO AGRICULTURE AND FORESTRY -- OLD GROWTH FOREST
16	16	PROTECTION ACT
17	17	Introduced By: Representatives Shanley, Bennett, and Phillips
18	18	Date Introduced: February 05, 2025
19	19	Referred To: House Environment and Natural Resources
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Legislative findings. 1
24	24	(1) Current Rhode Island laws do not provide protection for forestland apart from existing 2
25	25	wetland protection laws. 3
26	26	(2) Rhode Island is the only state in New England that has no state-owned forests protected 4
27	27	in their natural state. 5
28	28	(3) The world is facing a biodiversity crisis where populations of native species are 6
29	29	declining at an alarming rate and many species are facing extinction. Native species in Rhode Island 7
30	30	are at risk of becoming regionally extinct due to habitat destruction. 8
31	31	(4) Old growth forests are significant ecosystems where native trees, plants, and animals 9
32	32	live. 10
33	33	(5) There are certain animals, insects, birds, and plants that only live in old growth forests. 11
34	34	(6) Old growth forests are important carbon sinks which store more carbon than an average 12
35	35	Rhode Island forest, and, if cut, would release its stored carbon into the atmosphere contributing to 13
36	36	Climate Change. 14
37	37	(7) Old growth forests are extremely rare, and once cut, may not come back for one hundred 15
38	38	(100) years or more. 16
39	39	(8) According to the 2020 forest action plan prepared jointly by the Rhode Island 17
40	40	department of environmental management and the United States forest service, only one percent 18
41	41
42	42
43	43	LC001096 - Page 2 of 12
44	44	(1%) of Rhode Island’s forests are over one hundred (100) years old. 1
45	45	(9) Clearcutting, and other forms of destructive logging, increases the presence and spread 2
46	46	of invasive plants, which can outcompete native plants and harbor ticks. 3
47	47	(10) Natural heritage areas on state-owned land have been logged. 4
48	48	(11) Clearcutting of forests creates carbon emissions which does not comply with the goals 5
49	49	of chapter 6.2 of title 42 ("2021 act on climate"). 6
50	50	(12) Clearcutting and most other types of logging of natural forests increase the occurrence 7
51	51	of destructive brush fire by promoting dry, flammable logging debris, small trees, and underbrush 8
52	52	including grassy weeds. 9
53	53	(13) Wildfires were at their lowest point when the state was dominated by old growth 10
54	54	forests due to old growth forests being more resistant to wildfires. Wildfires increased in the 19
55	55	th
56	56	11
57	57	and early 20th centuries after the primeval old growth forests were clear cut. 12
58	58	(14) According to the United States Department of the Interior, nationally, almost nine (9) 13
59	59	out of ten (10) wildfires are caused by humans. 14
60	60	(15) In 2007, the Rhode Island natural heritage program was discontinued. 15
61	61	(16) Not one natural area preserve has been designated since the passage of chapter 122 of 16
62	62	title 42 ("natural areas protection act of 1993"). 17
63	63	(17) According to the 2023 report, “Wildlands in New England,” based on research 18
64	64	conducted by Harvard Forest, Highstead Foundation, Northeast Wilderness Trust, and Wildlands, 19
65	65	Woodlands, Farmlands and Communities, Rhode Island is the only state in New England with no 20
66	66	protected Wildlands on public land. 21
67	67	(18) The natural area preserves qualify as wildlands. 22
68	68	(19) It is a matter of public benefit that old growth forests be untouched and left in their 23
69	69	natural state. 24
70	70	SECTION 2. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY" 25
71	71	is hereby amended by adding thereto the following chapter: 26
72	72	CHAPTER 28 27
73	73	OLD GROWTH FOREST PROTECTION ACT 28
74	74	2-28-1. Short title. 29
75	75	This chapter shall be known and may be cited as the “Old Growth Forest Protection Act”. 30
76	76	2-28-2. Definitions. 31
77	77	As used in this chapter, the following terms have the following meanings: 32
78	78	(1) “Buffer area” means an area on land owned by the state or its cities and towns 33
79	79	immediately adjacent to an old growth forest or natural area preserve that is of sufficient size and 34
80	80
81	81
82	82	LC001096 - Page 3 of 12
83	83	configuration for each old growth forest or natural area preserve to protect the area from 1
84	84	ecologically harmful human activity or alteration. 2
85	85	(2) “Clearcutting” means an even-age extractive logging operation that removes most or 3
86	86	all of the trees over a considerable portion of a stand at one time. 4
87	87	(3) “Council” means the state planning council in the division of statewide planning of the 5
88	88	State of Rhode Island. 6
89	89	(4) “Even-age extractive logging operation” means an extractive logging activity that: 7
90	90	(i) Creates a clearing or opening that exceeds one-fifth (1/5) acre; 8
91	91	(ii) Creates a stand in which the majority of trees are within ten (10) years of the same age; 9
92	92	(iii) Within a period of thirty (30) years, cuts or removes more than the lesser of the growth 10
93	93	of the basal area of all tree species (not including a tree of a non-native invasive tree species) in a 11
94	94	stand; or twenty percent (20%) of the basal area of a stand; and 12
95	95	(iv) Includes the application of clearcutting, high grading, seed-tree cutting, shelterwood 13
96	96	cutting, or any other logging method in a manner inconsistent with selection management. 14
97	97	(5) “Extractive logging” means the felling or removal of any trees from a forest for any 15
98	98	purpose. 16
99	99	(6) “Forest” means any area of land over one acre in size with a concentration of trees and 17
100	100	related vegetation which has the capacity for self-perpetuation. 18
101	101	(7) "Forestry vehicle" means every vehicle which is designed for and used for forest 19
102	102	product operations purposes involving the harvesting, production, maintaining, and sale of forest 20
103	103	products originating in the state, and used by the owner of the vehicle or family member(s) or 21
104	104	employee(s) or designees of the owner, in the conduct of the owner's forestry product operations, 22
105	105	which use shall include the delivery of forest products produced by the forester. 23
106	106	(8) “Natural area preserve” means a natural area preserve as defined in § 42-122-3. 24
107	107	(9) “Natural heritage areas” means the mapped rare natural communities and locales where 25
108	108	rare or endangered species listed in the Rhode Island natural heritage data carry out important 26
109	109	lifecycle activities to include, but not limited to, breeding, hibernating, and feeding, with eligibility 27
110	110	questions to be resolved by the coordinator of the natural heritage program. Such determination 28
111	111	shall constitute a "contested case" as defined in § 42-35-1. 29
112	112	(10) “Old growth forest” means a contiguous forest at least five (5) acres in size that 30
113	113	exhibits at least six (6) of the following characteristics with eligibility questions to be resolved by 31
114	114	the coordinator of the natural heritage program. Such determination shall constitute a "contested 32
115	115	case" as defined in § 42-35-1: 33
116	116	(i) Contains an ecologically significant number of trees over one hundred (100) years old 34
117	117
118	118
119	119	LC001096 - Page 4 of 12
120	120	as of July 1, 2025; 1
121	121	(ii) Shows no evidence of significant human disturbance that originated on the site within 2
122	122	the past one hundred (100) years; 3
123	123	(iii) Has an abundance of late successional tree species, with at least a majority of canopy 4
124	124	trees that exceed half their maximum biological age including numerous large diameter trees; 5
125	125	(iv) Consists of complex structural diversity of old, young, and middle-aged trees at 6
126	126	different canopy levels; 7
127	127	(v) Contains large standing dead trees called "snags", live trees with cavities, dead, broken, 8
128	128	or decaying parts or canopy gaps due to natural disturbance; 9
129	129	(vi) Has coarse woody debris along the forest floor consisting of abundant dead wood in 10
130	130	various sizes and stages of decay; 11
131	131	(vii) Has an abundance of lichen and moss on trees, and decaying logs on the ground; 12
132	132	(viii) Has the presence of balding bark on the older trees; 13
133	133	(ix) Has the presence of stag-headed shaped tree crowns among the older trees in the forest; 14
134	134	(x) Has the presence of an ecologically significant natural community or diversity of native 15
135	135	tree species; or 16
136	136	(xi) Has the capacity for self-perpetuation. 17
137	137	(11) “Prescribed burning” means the intended controlled application of fire by the 18
138	138	department of environmental management, fire departments, or any other agency of the state. 19
139	139	(12) “Rare forest ecosystem” means any contiguous forest over one acre in size that 20
140	140	contains a high level of native biodiversity, old growth forest characteristics, or any characteristics 21
141	141	that makes the forest ecologically distinct as determined by the natural heritage program. 22
142	142	(13) “Wildlands” means tracts of any size and current condition, permanently protected 23
143	143	from development and extractive logging, in which management is explicitly intended to allow 24
144	144	natural processes to prevail with free will and minimal human interference. 25
145	145	2-28-3. Prohibitions. 26
146	146	(a) Extractive logging conducted in old growth forests on state-owned land, or any land 27
147	147	owned by the cities and towns of Rhode Island, is strictly prohibited, except as provided in § 2-28-28
148	148	4. 29
149	149	(b) Extractive logging conducted in a natural area preserve is strictly prohibited, except as 30
150	150	provided in § 2-28-4. 31
151	151	(c) Clearcutting conducted in any forest on state-owned land is strictly prohibited. 32
152	152	2-28-4. Exception for hazard trees and invasive trees. 33
153	153	(a) Felling of individual trees bordering trails that constitute a safety hazard as determined 34
154	154
155	155
156	156	LC001096 - Page 5 of 12
157	157	by the natural heritage program, established pursuant to the provisions of § 42-467-2, may be 1
158	158	permitted in old growth forests and natural area preserves on state-owned land, or any land owned 2
159	159	by the cities and towns of Rhode Island, subject to the approval of the natural heritage program, 3
160	160	and such trees shall remain in the forest and left where they fell, or a short distance from the trail 4
161	161	to avoid constituting an obstruction or hazard. 5
162	162	(b) Felling of invasive trees that are non-native to the state and threatening to native 6
163	163	ecosystems as determined by the natural heritage program may be permitted in old growth forests 7
164	164	and natural area preserves on state-owned land, or any land owned by the cities and towns of Rhode 8
165	165	Island, subject to the approval of the natural heritage program. 9
166	166	(c) No forestry vehicle shall be used to fell any trees in old growth forests and natural area 10
167	167	preserves on state-owned land, or any land owned by the cities and towns of Rhode Island. 11
168	168	2-28-5. Requirements. 12
169	169	(a) All state and municipal owned forests over one acre in size prior to scheduled extractive 13
170	170	logging operations and prescribed burning operations shall undergo an inventory conducted by the 14
171	171	natural heritage program, pursuant to the provisions of chapter 167 of title 42, to determine if the 15
172	172	forest meets the criteria to be designated as an old growth forest, natural heritage area, or rare forest 16
173	173	ecosystem, as defined in § 2-28-2. The natural heritage program shall be notified of the extractive 17
174	174	logging operation and prescribed burning operation no less than three (3) months in advance. All 18
175	175	documents pertaining to the extractive logging operation or prescribed burning operation shall be 19
176	176	turned over to the natural heritage program at the same time as the initial notice. A report of the 20
177	177	inventory prepared by the natural heritage program with the data collected shall be submitted to the 21
178	178	council and made easily available to the public at least four (4) weeks before any extractive logging 22
179	179	or prescribed burning takes place on state-owned land and land owned by the cities and towns of 23
180	180	Rhode Island. All extractive logging operations on state-owned land in forests over one acre in size 24
181	181	are subject to the approval of the council which upon consultation with the natural heritage program 25
182	182	shall determine whether the extractive logging operation involves clearcutting, or any other 26
183	183	ecologically destructive logging practice, or creates a fire hazard. No extractive logging operation 27
184	184	or prescribed burning operation shall take place until after the natural heritage program’s report 28
185	185	and after the council’s approval. There shall be a visual record of all extractive logging operations 29
186	186	on state-owned land, as well as felling of hazard trees and invasive trees in old growth forests on 30
187	187	state-owned land and land owned by the cities and towns of Rhode Island, and in the natural area 31
188	188	preserves, containing images and video of the trees intended to be felled and nearby trees before 32
189	189	and after the extractive logging operation and the felling of hazard trees and invasive trees takes 33
190	190	place. The visual record shall be the responsibility of the natural heritage program. 34
191	191
192	192
193	193	LC001096 - Page 6 of 12
194	194	(b) All extractive logging operations and prescribed burning operations of forests over one 1
195	195	acre in size on state-owned land shall only take place after a public hearing and upon notice. The 2
196	196	notice shall set forth the substance of the proposed action and describe, with or without legal 3
197	197	description, the area affected and shall set forth the time and place of the hearing and shall be 4
198	198	published at least twice a week for three (3) successive weeks before the hearing in a newspaper 5
199	199	published in the county where the property is located and in a newspaper with statewide 6
200	200	distribution. No action shall be taken by the state prior to the expiration of sixty (60) days after the 7
201	201	notice is published. During the sixty (60) day period, any scheduled extractive logging operation 8
202	202	or prescribed burning operation may be appealed by any resident of this state in a suit brought 9
203	203	against the department of environmental management in the superior court in the county of 10
204	204	Providence. In any action, the court shall vacate the extractive logging operation or prescribed 11
205	205	burning operation if it finds the operation violates state or federal law. During the pendency of an 12
206	206	appeal the state shall take no action pursuant to the scheduled extractive logging operation or 13
207	207	prescribed burning operation. 14
208	208	(c) Whenever any land is acquired by the state, or any of its cities and towns, an inventory 15
209	209	shall be conducted by the natural heritage program to determine if the forest meets the criteria to 16
210	210	be designated as an old growth forest, natural heritage area, or rare forest ecosystem, as defined in 17
211	211	§ 2-28-2. No extractive logging or prescribed burning shall take place in any acquired land by the 18
212	212	state before the natural heritage program completes its inventory. 19
213	213	(d) The natural heritage program, established pursuant to the provisions of § 42-167-2, 20
214	214	shall conduct an inventory of the forests on state-owned land and land owned by the cities and 21
215	215	towns to determine the extent and condition of old growth forest stands, natural heritage areas, and 22
216	216	rare forest ecosystems. The preliminary identification of old growth forest stands, natural heritage 23
217	217	areas, and rare forest ecosystems shall include an estimate of necessary buffer areas, including an 24
218	218	explanation of the rationale for the estimated size and shape of the buffer areas. The maps shall use 25
219	219	GIS type mapping software with data of species, land features, soil, water, invasives, and other 26
220	220	relevant ecological data in the map files. The maps and data shall be made available to the public 27
221	221	on a state website. All old growth forests, natural heritage areas, and rare forest ecosystems on 28
222	222	state-owned land identified in this inventory shall be considered for designation as natural area 29
223	223	preserves. 30
224	224	2-28-6. Preservation and protected funding. 31
225	225	Protecting the remaining areas of old growth forests, as defined in § 2-28-2, shall be a 32
226	226	priority for the State of Rhode Island and annual application to the general assembly by the division 33
227	227	of statewide planning for appropriations to fund the natural heritage program, established pursuant 34
228	228
229	229
230	230	LC001096 - Page 7 of 12
231	231	to § 42-167-2, shall be made to carry out the provisions of this chapter. 1
232	232	2-28-7. Penalties. 2
233	233	(a) Any person, firm, or corporation violating the provisions of §§ 2-28-3, 2-28-4, or 2-3
234	234	28-5, shall be subject to a civil penalty of not less than five thousand dollars ($5,000) and not more 4
235	235	than twenty-five thousand dollars ($25,000) for each offence. 5
236	236	(b) It is the duty of the associate director for planning to conduct the hearing brought by 6
237	237	the coordinator of the natural heritage program under the provisions of this chapter, chapter 122 of 7
238	238	title 42 ("natural areas protection act of 1993"), and chapter 167 of title 42 ("natural heritage 8
239	239	program"). 9
240	240	SECTION 3. Title 42 of the General Laws entitled "STATE AFFAIRS AND 10
241	241	GOVERNMENT" is hereby amended by adding thereto the following chapter: 11
242	242	CHAPTER 167 12
243	243	NATURAL HERITAGE PROGRAM 13
244	244	42-167-1. Short title. 14
245	245	This chapter shall be known and may be cited as the “Natural Heritage Program”. 15
246	246	42-167-2. Natural heritage program. 16
247	247	(a) There is hereby established within the division of statewide planning a natural heritage 17
248	248	program. 18
249	249	(b) The natural heritage program shall consist of a coordinator who shall be appointed by 19
250	250	the associate director for planning, and support personnel appointed by the coordinator. The 20
251	251	coordinator is required to have an advanced degree in one or more of the following: conservation 21
252	252	biology, botany, zoology, or forest ecology. In addition, the coordinator should have experience in 22
253	253	planning or managing natural forest ecosystems for the purpose of preservation through passive 23
254	254	management. The coordinator and employees of the natural heritage program shall not have been 24
255	255	previously employed in any capacity by the timber industry including advertising, legal, or 25
256	256	lobbying. 26
257	257	(c) The natural heritage program shall have the following powers and duties: 27
258	258	(1) To find, monitor, and protect native biodiversity, old growth forests, rare forest 28
259	259	ecosystems, and rare and endangered natural species in the State of Rhode Island; 29
260	260	(2) To inventory old growth forests, rare forest ecosystems, rare and endangered natural 30
261	261	species, and areas with unique native biodiversity as set forth in § 2-28-5; 31
262	262	(3) To designate the natural area preserves as defined in § 42-122-3; 32
263	263	(4) To maintain the natural heritage database; 33
264	264	(5) To create a biodiversity protection plan; 34
265	265
266	266
267	267	LC001096 - Page 8 of 12
268	268	(6) To create a rare and endangered species list; 1
269	269	(7) To create a list of invasive species in Rhode Island; 2
270	270	(8) To conduct such hearings, examinations, and investigations as may be necessary and 3
271	271	appropriate to the conduct of its operations and the fulfillment of its responsibilities; 4
272	272	(9) To obtain access to public records and apply for the process of subpoena, if necessary, 5
273	273	to produce books, papers, records, and other data; 6
274	274	(10) Accept on behalf of the state, gifts, grants, or loans of funds, personal or real property, 7
275	275	or services from any source, public or private, and comply, subject to the provisions of this chapter, 8
276	276	with the terms and conditions thereof; 9
277	277	(11) Accept, from a federal agency, loans or grants for use in carrying out its purposes and 10
278	278	enter into agreement with the agency respecting any such loans or grants; 11
279	279	(12) To retain by contract or employ counsel, auditors, engineers, appraisers, private 12
280	280	consultants and advisors, or other personnel needed to provide necessary services; 13
281	281	(13) To create forest management plans in coordination with municipalities for the natural 14
282	282	area preserves on land owned by the cities and towns; 15
283	283	(14) To create forest management plans in coordination with private landowners for the 16
284	284	natural area preserves on land owned by private landowners; 17
285	285	(15) To formulate policies and plans and to adopt regulations necessary to implement 18
286	286	protections for native biodiversity, old growth forests, rare forest ecosystems, and rare and 19
287	287	endangered natural species, and to carry out the provisions of this chapter; 20
288	288	(16) To make any studies of conditions, activities, or problems of the state’s natural area 21
289	289	preserves needed to carry out the natural heritage program’s responsibilities; and 22
290	290	(17) To develop educational materials and to carry out educational programs for the public 23
291	291	about the native biodiversity in Rhode Island’s old growth forests and natural areas, and the state’s 24
292	292	natural history. 25
293	293	(d) The natural heritage program as set forth in this chapter shall be a separate entity from 26
294	294	the natural heritage preservation program as set forth in chapter 17.5 of title 42 ("natural heritage 27
295	295	preservation program"). Nothing contained in chapter 17.5 of title 42 shall be applicable to or 28
296	296	restrict the natural heritage program as set forth in this chapter. 29
297	297	SECTION 4. Sections 42-122-3, 42-122-4, 42-122-5, 42-122-6 and 42-122-7 of the 30
298	298	General Laws in Chapter 42-122 entitled "Natural Areas Protection Act of 1993" are hereby 31
299	299	amended to read as follows: 32
300	300	42-122-3. Definitions. 33
301	301	As used in this chapter: 34
302	302
303	303
304	304	LC001096 - Page 9 of 12
305	305	(1) “Director Coordinator” means the director coordinator of the department of 1
306	306	environmental management natural heritage program of the state State of Rhode Island. 2
307	307	(2) “Council” means the state planning council in the division of statewide planning of the 3
308	308	State of Rhode Island. 4
309	309	(2)(3) “Natural area preserve” means areas of most environmentally sensitive or 5
310	310	ecologically valuable land and/or water containing habitat suitable for plant or animal life or 6
311	311	geological features of biological, scientific, educational, geological, paleontological, or scenic 7
312	312	value worthy of preservation in its natural condition which has been approved by the director 8
313	313	coordinator with the consent of the council. 9
314	314	42-122-4. System of natural area preserves. 10
315	315	The director coordinator shall establish a system of natural area preserves and shall have 11
316	316	the responsibility as set forth in this chapter for selection of all natural area preserves within the 12
317	317	system, and shall ensure that these preserves are maintained in as natural and wild a state as is 13
318	318	consistent with educational, scientific, biological, geological, paleontological, and scenic purposes. 14
319	319	The director coordinator shall ensure the use of natural area preserves for research and other 15
320	320	purposes consistent with the intent of this chapter. The director coordinator may adopt regulations 16
321	321	for establishing and managing the natural area preserve system including, but not limited to, 17
322	322	procedures for the adoption and revision of a management plan for each designated natural area 18
323	323	preserve. 19
324	324	42-122-5. Procedure for designation of non-state owned land as a natural area 20
325	325	preserve. 21
326	326	(a) The director coordinator may approve non-state owned land as a natural area preserve 22
327	327	only upon the recommendation of the natural heritage preservation commission (established under 23
328	328	§ 42-17.5-4) and director with the consent of the council only after a public hearing and upon notice. 24
329	329	The notice required under this section shall set forth a description of the proposed action, including 25
330	330	a description of the land to be offered, and the time and place of the hearing. The notice shall 26
331	331	conform to the requirements of § 42-35-1 et seq. 27
332	332	(b) The natural heritage preservation commission program shall review requests from 28
333	333	municipalities, private land conservation environmental organizations, and private landowners 29
334	334	desiring designation of a parcel of land as a natural area preserve, and make recommendations to 30
335	335	the director. Any request must include the written consent of the private landowner before any 31
336	336	review shall commence. In making recommendations, it shall be guided by the natural heritage 32
337	337	program and other additional relevant sources of information about critical environmental 33
338	338	resources. The natural heritage preservation commission program personnel may also, on its own 34
339	339
340	340
341	341	LC001096 - Page 10 of 12
342	342	initiative, make recommendations requests for designation of areas to the director coordinator. 1
343	343	(c) To be designated a natural area preserve the property owner must voluntarily grant to 2
344	344	the state of Rhode Island a conservation easement, which shall include the reasons for the 3
345	345	designation, and prepare a management plan for the preserve that defines the methods by which the 4
346	346	educational, scientific, biological, geological, paleontological, and/or scenic purposes of the 5
347	347	designation shall be carried out. The conservation easement shall be recorded in the land evidence 6
348	348	records in the city or town where the parcel is located. 7
349	349	(d) In areas under the jurisdiction of the coastal resources management council (CRMC), 8
350	350	the director coordinator shall coordinate with the CRMC areas to be proposed for inclusion within 9
351	351	the program. 10
352	352	42-122-6. Procedures for designation of state-owned land as a natural area preserve. 11
353	353	(a) A request for designation of state-owned land as a natural area preserve shall be made 12
354	354	to the director coordinator, that request specifying the area to be designated, the reasons for the 13
355	355	designation, the proposed management strategy necessary to protect the critical environmental 14
356	356	resources within the area, and the changes that would be required in current management practices. 15
357	357	The request for designation may be made by the director of any state agency for any parcel of land 16
358	358	under the agency’s control. The coordinator shall review requests from environmental 17
359	359	organizations and private individuals desiring designation of a parcel of state-owned land as a 18
360	360	natural area preserve. The natural heritage program coordinator may also, on their own initiative, 19
361	361	make designations of areas with the consent of the council. 20
362	362	(b) The director coordinator may approve the designation of state-owned land as a preserve 21
363	363	with the consent of the council only after consultation with the managing agency, and after a public 22
364	364	hearing. Notice requirements for the public hearing shall be the same as required under § 42-122-23
365	365	5(a). Before a preserve is designated, a management plan must be approved by the director 24
366	366	coordinator and adopted by the department managing the preserve. 25
367	367	42-122-7. Designation as a natural area preserve. 26
368	368	An area designated as a natural area preserve is declared to be put to its highest, best, and 27
369	369	most important use for public benefit and no interest in this preserve owned by the state shall be 28
370	370	alienated or put to any use other than as a natural area preserve, except upon a finding by the director 29
371	371	in consultation with the natural heritage preservation commission, that the qualifying features of 30
372	372	the land have been destroyed or irretrievably damaged and that the public purposes of the 31
373	373	designation have been utterly frustrated. 32
374	374	Any finding the director is required to make under this section shall be made only after a 33
375	375	public hearing and upon notice. The notice required by this section shall set forth the substance of 34
376	376
377	377
378	378	LC001096 - Page 11 of 12
379	379	the proposed action and describe, with or without legal description, the area affected and shall set 1
380	380	forth the time and place of the hearing and shall be published at least twice (2) a week for three (3) 2
381	381	successive weeks before the hearing in a newspaper published in the county where the property is 3
382	382	located and in a newspaper with statewide distribution. No finding, which the director is required 4
383	383	to make, shall be effective until the finding has been published. No action shall be taken by the 5
384	384	state pursuant to the finding prior to the expiration of sixty (60) days after the finding becomes 6
385	385	effective. During the sixty-day (60) period, any finding may be appealed by any resident of this 7
386	386	state in a suit brought against the director in the superior court for the judicial district of Providence. 8
387	387	In any action, the court shall vacate the finding if it finds the director acted arbitrarily or illegally 9
388	388	in making the finding. During the pendency of an appeal the state shall take no action pursuant to 10
389	389	the findings of the director. 11
390	390	SECTION 5. Chapter 42-122 of the General Laws entitled "Natural Areas Protection Act 12
391	391	of 1993" is hereby amended by adding thereto the following section: 13
392	392	42-122-8. Administration of natural area preserves. 14
393	393	All natural area preserves, except areas under the jurisdiction of the coastal resources 15
394	394	management council (CRMC) pursuant to § 42-122-5, shall be administered by the division of 16
395	395	statewide planning. 17
396	396	SECTION 6. This act shall take effect upon passage. 18
397	397	========
398	398	LC001096
399	399	========
400	400
401	401
402	402	LC001096 - Page 12 of 12
403	403	EXPLANATION
404	404	BY THE LEGISLATIVE COUNCIL
405	405	OF
406	406	A N A C T
407	407	RELATING TO AGRICULTURE AND FORESTRY -- OLD GROWTH FOREST
408	408	PROTECTION ACT
409	409	***
410	410	This act would create the old growth forest protection act to provide protection for state-1
411	411	owned forestland in their natural state. This act would prohibit extractive logging in old growth 2
412	412	forests on state-owned land or land owned by a municipality, or a natural area preserve. This act 3
413	413	would further prohibit clearcutting in any forest on state-owned land. The act would further create 4
414	414	the natural heritage program within the division of statewide planning. 5
415	415	This act would take effect upon passage. 6
416	416	========
417	417	LC001096
418	418	========