Rhode Island 2025 Regular Session

Rhode Island House Bill H5607 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIO NS OF
1616 DEPARTMENT OF ENVIRO NMENTAL MANAGEMENT
1717 Introduced By: Representatives Cotter, Ajello, Potter, Chippendale, Roberts, and Bennett
1818 Date Introduced: February 26, 2025
1919 Referred To: House Environment and Natural Resources
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 2-1-20 and 2-1-22 of the General Laws in Chapter 2-1 entitled 1
2424 "Agricultural Functions of Department of Environmental Management" are hereby amended to 2
2525 read as follows: 3
2626 2-1-20. Definitions. 4
2727 As used in this chapter; 5
2828 (1) “Area subject to flooding” shall include, but not be limited to, low-lying areas that 6
2929 collect, hold, or meter out storm and flood waters from any of the following: rivers, streams, 7
3030 intermittent streams, or areas subject to storm flowage. 8
3131 (2) “Area subject to storm flowage” includes drainage swales and channels that lead into, 9
3232 out of, pass through, or connect other freshwater wetlands or coastal wetlands, and that carry flows 10
3333 resulting from storm events, but may remain relatively dry at other times. 11
3434 (3) “Bog” means a place where standing or slowly running water is near or at the surface 12
3535 during normal growing season and/or where a vegetational community has over fifty percent (50%) 13
3636 of the ground or water surface covered with sphagnum moss (Sphagnum) and/or where the 14
3737 vegetational community is made up of one or more of, but not limited to nor necessarily including 15
3838 all of, the following: blueberries, and cranberry (Vaccinium), leatherleaf (Chamaedaphne 16
3939 calyculata), pitcher plant (Sarracenia purpurea), sundews (Droseraceae), orchids (Orchidaceae), 17
4040 white cedar (Chamaecyparis thyoides), red maple (Acer rubrum), black spruce (Picae mariana), 18
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4444 bog aster (Aster nemoralis), larch (Laris laricina), bogrosemary (Andromeda glaucophylla), azaleas 1
4545 (Rhododendron), laurels (Kalmia), sedges (Caryx), and bog cotton (Eriophorum). 2
4646 (4) “Buffer” means an area of undeveloped vegetated land adjacent to a freshwater wetland 3
4747 that is to be retained in its natural undisturbed condition, or is to be created to resemble a naturally 4
4848 occurring vegetated area. 5
4949 (5) “Department” means the department of environmental management (DEM). 6
5050 (6) “Director” means the director of the department of environmental management or his 7
5151 or her duly authorized agent or agents. 8
5252 (7) “Floodplain” means that land area adjacent to a river or stream or other body of flowing 9
5353 water which is, on the average, likely to be covered with flood waters resulting from a one-hundred 10
5454 (100) year frequency storm. A “one-hundred (100) year frequency storm” is one that is to be 11
5555 expected to be equaled or exceeded once in one hundred (100) years; or may be said to have a one 12
5656 percent (1%) probability of being equaled or exceeded in any given year. 13
5757 (8) “Freshwater wetlands” includes, but is not limited to, those areas that are inundated or 14
5858 saturated by surface or groundwater at a frequency and duration to support, and that under normal 15
5959 circumstances do support a prevalence of vegetation adapted for life in saturated soil conditions. 16
6060 Freshwater wetlands includes, but is not limited to: marshes, swamps, bogs, emergent, and 17
6161 submergent plant communities, and for the purposes of this chapter, rivers, streams, ponds, and 18
6262 vernal pools. 19
6363 (9) “Jurisdictional area” means the following lands and waters, as defined herein except as 20
6464 provided for in § 2-1-22(k), that shall be subject to regulation under this chapter: 21
6565 (i) Freshwater wetlands; 22
6666 (ii) Buffers; 23
6767 (iii) Floodplains; 24
6868 (iv) Areas subject to storm flowage; 25
6969 (v) Areas subject to flooding; and 26
7070 (vi) Contiguous areas that extend outward: 27
7171 (A) Two hundred feet (200′) from the edge of a river or stream; 28
7272 (B) Two hundred feet (200′) from the edge of a drinking water supply reservoir; and 29
7373 (C) One hundred feet (100′) from the edge of all other freshwater wetlands. 30
7474 (10) “Marsh” means a place wholly or partly within the state where a vegetational 31
7575 community exists in standing or running water during the growing season and/or is made up of one 32
7676 or more of, but not limited to nor necessarily including all of, the following plants or groups of 33
7777 plants: hydrophytic reeds (Phragmites), grasses (Cramineae), mannagrasses (Glyceria), cutgrasses 34
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8181 (Leersia), pickerelwoods (Pontederiaceae), sedges (Cyperaceae), rushes (Juncaceae), cattails 1
8282 (Typha), water plantains (Alismataceae), bur-reeds (Sparganiazceae), pondweeds (Zosteraceae), 2
8383 frog’s bits (Hydrocharitaceae), arums (Araceae), duckweeds (Lemmaceae), water lilies 3
8484 (Nymphaeceae), water-milfoils (Haloragaceae), water-starworts (Callitrichaeceae), bladder-worts 4
8585 (Utricularia), pipeworts (Eriocaulon), sweet gale (Myrica gale), and buttonbush (Cephalanthus 5
8686 occidentalis). 6
8787 (11) “Near or at the surface” mean within eighteen (18) inches of the surface. 7
8888 (12) “Pond” means a place natural or man-made, wholly or partly within the state, where 8
8989 open-standing or slowly moving water is present for at least six (6) months a year. 9
9090 (13) “River” means a body of water designated as a perennial stream by the United States 10
9191 Department of Interior geologic survey on 7.5 minute series topographic maps and that is not a 11
9292 pond as defined in this section. 12
9393 (14) “Setback” means the minimum distance from the edge of a freshwater wetland at 13
9494 which an approved activity or alteration may take place. 14
9595 (15) “Stream” means any flowing body of water or watercourse that flows long enough 15
9696 each year to develop and maintain a channel and that may carry groundwater discharge or surface 16
9797 runoff. 17
9898 (16) “Swamp” means a place, wholly or partly within the state, where ground water is near 18
9999 or at the surface of the ground for a significant part of the growing season or runoff water from 19
100100 surface drainage collects frequently and/or where a vegetational community is made up of a 20
101101 significant portion of one or more of, but not limited to nor necessarily including all of, the 21
102102 following: red maple (Acer rubum), elm (Ulmus americana), black spruce (Picea mariana), white 22
103103 cedar (Chamaecyparis thyoides), ashes (Fraximus), poison sumac (Rhus vernix), larch (Larix 23
104104 laricina), spice bush (Lindera benzoin), alders (Alnus), skunk cabbage (Symplocarpus foetidus), 24
105105 hellebore (Veratrum viride), hemlock (Thuja canadensis), sphagnums (Sphagnum), azaleas 25
106106 (Rhododendron), black alder (Ilex verticillata), coast pepperbush (Clethra alnifolia), marsh 26
107107 marigold (Caltha palustris), blueberries (Vaccinium), buttonbush (Cephalanthus occidentalis), 27
108108 willow (Salicaceae), water willow (Decodon verticillatus), tupelo (Nyssa sylbatica), laurels 28
109109 (Kalmia), swamp white oak (Quercus biscolor), or species indicative of marsh. 29
110110 (17) “Vernal pool” means a depressional wetland basin that typically goes dry in most years 30
111111 and may contain inlets or outlets, typically of intermittent flow. Vernal pools range in both size and 31
112112 depth depending upon landscape position and parent materials. Vernal pools usually support one 32
113113 or more of the following obligate indicator species: wood frog (Lithobates sylvaticus), spotted 33
114114 salamander (Ambystoma maculatum), marbled salamander (Ambystoma opacum), and fairy 34
115115
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118118 shrimp (Eubranchipus spp.) and typically preclude sustainable populations of predatory fish. 1
119119 (18) “Agricultural land” means land on which agricultural operations are being conducted, 2
120120 or is suitable for agriculture operations, is under the control of a farmer, and has a USDA Farm 3
121121 Tract/Farm Number or the individual farming the land has filed a 1040F U.S. Internal Revenue 4
122122 Form with the Internal Revenue Service and has earned two thousand five hundred dollars ($2,500) 5
123123 gross income on farm products in the preceding year. 6
124124 (19) “Farm” means a parcel of land or other defined place, together with any attendant 7
125125 buildings, including dwellings, structures, machinery and equipment, tools and supplies, which is 8
126126 used for agriculture operations. 9
127127 (20) “Farmer” means a natural person who is either the owner of a farm or a principal 10
128128 operator of a farm and who engages in agricultural operations. 11
129129 (21) “Agricultural operations” includes any commercial enterprise that has as its primary 12
130130 purpose horticulture and production of field crops of all types, viticulture, viniculture, floriculture, 13
131131 forestry, stabling of horses, dairy farming, or aquaculture, or the raising of livestock, including for 14
132132 the production of fiber, furbearing animals, poultry, or bees, and all such other operations, uses, 15
133133 and activities as the director, in consultation with the chief of division of agriculture, may determine 16
134134 to be agriculture, or an agricultural activity, use or operation. 17
135135 2-1-22. Procedure for approval by director — Notice of change of ownership — 18
136136 Recordation of permit. 19
137137 (a) Application for approval of a project to the director of environmental management shall 20
138138 be made in a form to be prescribed by the director and provided by the director upon request. Prior 21
139139 to the application, a request may be made for preliminary determination as to whether this chapter 22
140140 applies. A preliminary determination shall be made by the director only after an on-site review of 23
141141 the project and the determination shall be made within thirty (30) days of the request. This chapter 24
142142 shall be determined to apply if a significant alteration appears to be contemplated and an application 25
143143 to alter a freshwater wetland, buffer, or floodplain will be required. Within fourteen (14) days after 26
144144 receipt of the completed application accompanied by plans and drawings of the proposed project, 27
145145 the plans and drawings to be prepared by the registered professional engineer to a scale of not less 28
146146 than one inch (1") to one hundred feet (100'), the director shall notify all landowners whose 29
147147 properties are within two hundred feet (200') of the proposed project and the director will also 30
148148 notify the city or town council, the conservation commission, the planning board, the zoning board, 31
149149 and any other individuals and agencies in any city or town within the borders of which the project 32
150150 lies that may have reason, in the opinion of the director, to be concerned with the proposal. The 33
151151 director may also establish a mailing list of all interested persons and agencies who or that may 34
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155155 wish to be notified of all applications. 1
156156 (b) If the director receives any objection to the project within forty-five (45) days of the 2
157157 mailing of the notice of application from his or her office, the objection to be in writing and of a 3
158158 substantive nature, the director shall then schedule a public hearing in an appropriate place as 4
159159 convenient as reasonably possible to the site of the proposed project. The director shall inform by 5
160160 registered mail all objectors of the date, time, place, and subject of the hearing to be held. The 6
161161 director shall further publish notice of the time, place, date, and subject of the hearing in one local 7
162162 newspaper circulated in the area of the project and one statewide newspaper, the notices to appear 8
163163 once per week for at least two (2) consecutive weeks prior to the week during which the hearing is 9
164164 scheduled. The director shall establish a reasonable fee to cover the costs of the investigations, 10
165165 notifications and publications, and hearing and the applicant shall be liable for the fee. 11
166166 (c) If no public hearing is required, or following a public hearing, the director shall make 12
167167 his or her decision on the application and notify the applicant by registered mail and the applicant’s 13
168168 attorney and any other agent or representative of the applicant by mail of this decision within a 14
169169 period of six (6) weeks. If a public hearing was held, any persons who objected, in writing, during 15
170170 the forty-five (45) day period provided for objections shall be notified of the director’s decision by 16
171171 first-class mail. 17
172172 (d) In the event of a decision in favor of granting an application, the director shall issue a 18
173173 permit for the applicant to proceed with the project and shall require the applicant to pay a permit 19
174174 fee of one hundred dollars ($100). The permit may be issued upon any terms and conditions, 20
175175 including time for completion, that the director may require. Permits shall be valid for a period of 21
176176 one year from the date of issue and shall expire at the end of that time unless renewed. A permit 22
177177 may be renewed for up to three (3) additional one-year periods upon application by the original 23
178178 permit holder or a subsequent transferee of the property subject to permit, unless the original permit 24
179179 holder or transferee has failed to abide by the terms and conditions of the original permit or any 25
180180 prior renewal. The director may require new hearings if, in his or her judgment, the original intent 26
181181 of the permit is altered or extended by the renewal application or if the applicant has failed to abide 27
182182 by the terms of the original permit in any way. In addition, in the event a project authorized by a 28
183183 permit was not implemented by the permit holder or transferee because approval of the project by 29
184184 a federal agency, for which application had been timely made, had not been received or a federal 30
185185 agency had stopped the project from proceeding, prior to the expiration of the permit, the permit 31
186186 holder or transferee may apply for a renewal of the permit at any time prior to the tenth (10th) 32
187187 anniversary of the original issuance, and the application shall be deemed to be an insignificant 33
188188 alteration subject to expedited treatment. The request for renewal of a permit shall be made 34
189189
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192192 according to any procedures and form that the director may require. 1
193193 (e) The original permittee or subsequent transferee shall notify the director, in writing, of 2
194194 any change of ownership that occurs while an original or renewal permit is in effect by forwarding 3
195195 a certified copy of the deed of transfer of the property subject to the permit to the director. 4
196196 (f) A notice of permit and a notice of completion of work subject to permit shall be eligible 5
197197 for recordation under chapter 13 of title 34 and shall be recorded at the expense of the applicant in 6
198198 the land evidence records of the city or town where the property subject to permit is located and 7
199199 any subsequent transferee of the property shall be responsible for complying with the terms and 8
200200 conditions of the permit. 9
201201 (g) The director shall notify the person requesting a preliminary determination and the 10
202202 person’s attorney, agent, and other representative of his or her decision by letter, copies of which 11
203203 shall be sent by mail to the city or town clerk, the zoning board, the planning board, the building 12
204204 official, and the conservation commission in the city or town within which the project lies. 13
205205 (h) The director shall report to the general assembly on or before February 1 of each 14
206206 calendar year on his or her compliance with the time provisions contained in this chapter. 15
207207 (i) Normal farming activities shall be considered insignificant alterations and, as normal 16
208208 farming activities, shall be exempted from the provisions of this chapter in accordance with the 17
209209 following procedures: 18
210210 (1) Normal farming and ranching activities are those carried out on agricultural land by 19
211211 farmers as defined in this title, including plowing, seeding, cultivating, land clearing for routine 20
212212 agriculture purposes, harvesting of agricultural products, pumping of existing farm ponds for 21
213213 agricultural purposes, upland soil and water conservation practices, and maintenance of existing 22
214214 farm drainage structures, existing farm ponds and existing farm roads are permissible at the 23
215215 discretion of farmers in accordance with best farm management practices which assure that the 24
216216 adverse effects to the flow and circulation patterns and chemical and biological characteristics of 25
217217 freshwater wetlands are minimized and that any adverse effects on the aquatic environment are 26
218218 minimized. 27
219219 (2) In the case of construction of new farm ponds, construction of new drainage structures, 28
220220 and construction of new farm roads, the division of agriculture shall be notified by the filing of a 29
221221 written application for the proposed construction by the property owner. The application shall 30
222222 include a description of the proposed construction and the date upon which construction is 31
223223 scheduled to begin, which date shall be no earlier than thirty (30) calendar days after the date of 32
224224 the filing of the application. The division of agriculture shall review such applications to determine 33
225225 that they are submitted for agricultural purposes and to ensure that adverse effects to the flow and 34
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229229 circulation patterns and chemical and biological characteristics of freshwater wetlands are 1
230230 minimized and that any adverse effects on the aquatic environment are minimized and will not 2
231231 result in a significant alteration to the freshwater wetlands. Pursuant to this review, the division 3
232232 shall notify the applicant, in writing, whether the proposal is an insignificant alteration. This notice 4
233233 shall be issued not later than thirty (30) days after the date that the application was filed with the 5
234234 division. In the event notice is given by the division as required, the application shall be 6
235235 conclusively presumed to be an insignificant alteration. If no notice is given as required, or if an 7
236236 application is approved as an insignificant alteration, the applicant may cause construction to be 8
237237 done in accordance with the application, and neither the applicant, nor the applicant’s agents or 9
238238 employees who cause or perform the construction in accordance with the application, shall be liable 10
239239 for any criminal, civil, administrative or other fine, fee, or penalty, including restoration costs for 11
240240 violations alleged to arise from the construction. 12
241241 (3) The division of agriculture shall, in coordination with the agricultural council’s 13
242242 advisory committee, adopt regulations for subdivision (i)(2), and shall determine whether a 14
243243 proposed activity, other than an activity listed in subdivision (i)(1), constitutes a normal farming 15
244244 activity, or involves the best farm management practices. In making such a determination, the 16
245245 division of agriculture shall consider the proposed activity on a case-by-case basis, relative to the 17
246246 characteristics of the particular jurisdictional area in which the activity is proposed, and shall 18
247247 consider whether the activity incorporates best farm management practices and ensures that adverse 19
248248 effects to the flow and circulation patterns and chemical and biological characteristics of freshwater 20
249249 wetlands, buffers, and floodplains are minimized and that any adverse effects on the aquatic 21
250250 environment are minimized in each instance. 22
251251 (4) Except as otherwise provided for farm road construction, filling of freshwater wetlands 23
252252 conforms to the provisions of this chapter. 24
253253 (j) For the purposes of this section, a “farmer” is an individual, partnership, or corporation 25
254254 who operates a farm and has filed a 1040F U.S. Internal Revenue Form with the Internal Revenue 26
255255 Service, has a state farm tax number, and has earned ten thousand dollars ($10,000) gross income 27
256256 on farm products in each of the preceding four (4) years. 28
257257 (k) For the purposes of this section as applicable to normal farming and ranching activities 29
258258 specified in §§ 2-1-22(i)(1) and (i)(2) above, freshwater wetlands shall be defined as: freshwater 30
259259 wetlands, floodplains, areas subject to storm flowage, areas subject to flooding as defined in § 2-1-31
260260 20 and the land area within two hundred feet (200′) of a flowing body of water having a width of 32
261261 ten feet (10′) or more during normal flow; the area of land within one hundred feet (100′) of a 33
262262 flowing body of water having a width of less than ten feet (10′) during normal flow; and the area 34
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266266 of land within fifty feet (50′) of a bog, marsh of one acre or greater, swamp of three (3) acres or 1
267267 greater and pond not less than one quarter (¼) acre in extent. These areas shall also serve as the 2
268268 jurisdictional area. 3
269269 SECTION 2. This act shall take effect upon passage. 4
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276276 EXPLANATION
277277 BY THE LEGISLATIVE COUNCIL
278278 OF
279279 A N A C T
280280 RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIONS OF
281281 DEPARTMENT OF ENVIRO NMENTAL MANAGEMENT
282282 ***
283283 This act would redefine what constitutes a farm by reducing the amount of revenue from 1
284284 farm products required to be sold from ten thousand ($10,000) to two thousand five hundred dollars 2
285285 ($2500). The act would expand the farm to include all agricultural operations, including forestry. 3
286286 This act would take effect upon passage. 4
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