1 | 1 | | |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | 2025 -- H 5607 |
---|
6 | 6 | | ======== |
---|
7 | 7 | | LC001782 |
---|
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 -- AGRICULTURAL FUNCTIO NS OF |
---|
16 | 16 | | DEPARTMENT OF ENVIRO NMENTAL MANAGEMENT |
---|
17 | 17 | | Introduced By: Representatives Cotter, Ajello, Potter, Chippendale, Roberts, and Bennett |
---|
18 | 18 | | Date Introduced: February 26, 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. Sections 2-1-20 and 2-1-22 of the General Laws in Chapter 2-1 entitled 1 |
---|
24 | 24 | | "Agricultural Functions of Department of Environmental Management" are hereby amended to 2 |
---|
25 | 25 | | read as follows: 3 |
---|
26 | 26 | | 2-1-20. Definitions. 4 |
---|
27 | 27 | | As used in this chapter; 5 |
---|
28 | 28 | | (1) “Area subject to flooding” shall include, but not be limited to, low-lying areas that 6 |
---|
29 | 29 | | collect, hold, or meter out storm and flood waters from any of the following: rivers, streams, 7 |
---|
30 | 30 | | intermittent streams, or areas subject to storm flowage. 8 |
---|
31 | 31 | | (2) “Area subject to storm flowage” includes drainage swales and channels that lead into, 9 |
---|
32 | 32 | | out of, pass through, or connect other freshwater wetlands or coastal wetlands, and that carry flows 10 |
---|
33 | 33 | | resulting from storm events, but may remain relatively dry at other times. 11 |
---|
34 | 34 | | (3) “Bog” means a place where standing or slowly running water is near or at the surface 12 |
---|
35 | 35 | | during normal growing season and/or where a vegetational community has over fifty percent (50%) 13 |
---|
36 | 36 | | of the ground or water surface covered with sphagnum moss (Sphagnum) and/or where the 14 |
---|
37 | 37 | | vegetational community is made up of one or more of, but not limited to nor necessarily including 15 |
---|
38 | 38 | | all of, the following: blueberries, and cranberry (Vaccinium), leatherleaf (Chamaedaphne 16 |
---|
39 | 39 | | calyculata), pitcher plant (Sarracenia purpurea), sundews (Droseraceae), orchids (Orchidaceae), 17 |
---|
40 | 40 | | white cedar (Chamaecyparis thyoides), red maple (Acer rubrum), black spruce (Picae mariana), 18 |
---|
41 | 41 | | |
---|
42 | 42 | | |
---|
43 | 43 | | LC001782 - Page 2 of 9 |
---|
44 | 44 | | bog aster (Aster nemoralis), larch (Laris laricina), bogrosemary (Andromeda glaucophylla), azaleas 1 |
---|
45 | 45 | | (Rhododendron), laurels (Kalmia), sedges (Caryx), and bog cotton (Eriophorum). 2 |
---|
46 | 46 | | (4) “Buffer” means an area of undeveloped vegetated land adjacent to a freshwater wetland 3 |
---|
47 | 47 | | that is to be retained in its natural undisturbed condition, or is to be created to resemble a naturally 4 |
---|
48 | 48 | | occurring vegetated area. 5 |
---|
49 | 49 | | (5) “Department” means the department of environmental management (DEM). 6 |
---|
50 | 50 | | (6) “Director” means the director of the department of environmental management or his 7 |
---|
51 | 51 | | or her duly authorized agent or agents. 8 |
---|
52 | 52 | | (7) “Floodplain” means that land area adjacent to a river or stream or other body of flowing 9 |
---|
53 | 53 | | water which is, on the average, likely to be covered with flood waters resulting from a one-hundred 10 |
---|
54 | 54 | | (100) year frequency storm. A “one-hundred (100) year frequency storm” is one that is to be 11 |
---|
55 | 55 | | expected to be equaled or exceeded once in one hundred (100) years; or may be said to have a one 12 |
---|
56 | 56 | | percent (1%) probability of being equaled or exceeded in any given year. 13 |
---|
57 | 57 | | (8) “Freshwater wetlands” includes, but is not limited to, those areas that are inundated or 14 |
---|
58 | 58 | | saturated by surface or groundwater at a frequency and duration to support, and that under normal 15 |
---|
59 | 59 | | circumstances do support a prevalence of vegetation adapted for life in saturated soil conditions. 16 |
---|
60 | 60 | | Freshwater wetlands includes, but is not limited to: marshes, swamps, bogs, emergent, and 17 |
---|
61 | 61 | | submergent plant communities, and for the purposes of this chapter, rivers, streams, ponds, and 18 |
---|
62 | 62 | | vernal pools. 19 |
---|
63 | 63 | | (9) “Jurisdictional area” means the following lands and waters, as defined herein except as 20 |
---|
64 | 64 | | provided for in § 2-1-22(k), that shall be subject to regulation under this chapter: 21 |
---|
65 | 65 | | (i) Freshwater wetlands; 22 |
---|
66 | 66 | | (ii) Buffers; 23 |
---|
67 | 67 | | (iii) Floodplains; 24 |
---|
68 | 68 | | (iv) Areas subject to storm flowage; 25 |
---|
69 | 69 | | (v) Areas subject to flooding; and 26 |
---|
70 | 70 | | (vi) Contiguous areas that extend outward: 27 |
---|
71 | 71 | | (A) Two hundred feet (200′) from the edge of a river or stream; 28 |
---|
72 | 72 | | (B) Two hundred feet (200′) from the edge of a drinking water supply reservoir; and 29 |
---|
73 | 73 | | (C) One hundred feet (100′) from the edge of all other freshwater wetlands. 30 |
---|
74 | 74 | | (10) “Marsh” means a place wholly or partly within the state where a vegetational 31 |
---|
75 | 75 | | community exists in standing or running water during the growing season and/or is made up of one 32 |
---|
76 | 76 | | or more of, but not limited to nor necessarily including all of, the following plants or groups of 33 |
---|
77 | 77 | | plants: hydrophytic reeds (Phragmites), grasses (Cramineae), mannagrasses (Glyceria), cutgrasses 34 |
---|
78 | 78 | | |
---|
79 | 79 | | |
---|
80 | 80 | | LC001782 - Page 3 of 9 |
---|
81 | 81 | | (Leersia), pickerelwoods (Pontederiaceae), sedges (Cyperaceae), rushes (Juncaceae), cattails 1 |
---|
82 | 82 | | (Typha), water plantains (Alismataceae), bur-reeds (Sparganiazceae), pondweeds (Zosteraceae), 2 |
---|
83 | 83 | | frog’s bits (Hydrocharitaceae), arums (Araceae), duckweeds (Lemmaceae), water lilies 3 |
---|
84 | 84 | | (Nymphaeceae), water-milfoils (Haloragaceae), water-starworts (Callitrichaeceae), bladder-worts 4 |
---|
85 | 85 | | (Utricularia), pipeworts (Eriocaulon), sweet gale (Myrica gale), and buttonbush (Cephalanthus 5 |
---|
86 | 86 | | occidentalis). 6 |
---|
87 | 87 | | (11) “Near or at the surface” mean within eighteen (18) inches of the surface. 7 |
---|
88 | 88 | | (12) “Pond” means a place natural or man-made, wholly or partly within the state, where 8 |
---|
89 | 89 | | open-standing or slowly moving water is present for at least six (6) months a year. 9 |
---|
90 | 90 | | (13) “River” means a body of water designated as a perennial stream by the United States 10 |
---|
91 | 91 | | Department of Interior geologic survey on 7.5 minute series topographic maps and that is not a 11 |
---|
92 | 92 | | pond as defined in this section. 12 |
---|
93 | 93 | | (14) “Setback” means the minimum distance from the edge of a freshwater wetland at 13 |
---|
94 | 94 | | which an approved activity or alteration may take place. 14 |
---|
95 | 95 | | (15) “Stream” means any flowing body of water or watercourse that flows long enough 15 |
---|
96 | 96 | | each year to develop and maintain a channel and that may carry groundwater discharge or surface 16 |
---|
97 | 97 | | runoff. 17 |
---|
98 | 98 | | (16) “Swamp” means a place, wholly or partly within the state, where ground water is near 18 |
---|
99 | 99 | | or at the surface of the ground for a significant part of the growing season or runoff water from 19 |
---|
100 | 100 | | surface drainage collects frequently and/or where a vegetational community is made up of a 20 |
---|
101 | 101 | | significant portion of one or more of, but not limited to nor necessarily including all of, the 21 |
---|
102 | 102 | | following: red maple (Acer rubum), elm (Ulmus americana), black spruce (Picea mariana), white 22 |
---|
103 | 103 | | cedar (Chamaecyparis thyoides), ashes (Fraximus), poison sumac (Rhus vernix), larch (Larix 23 |
---|
104 | 104 | | laricina), spice bush (Lindera benzoin), alders (Alnus), skunk cabbage (Symplocarpus foetidus), 24 |
---|
105 | 105 | | hellebore (Veratrum viride), hemlock (Thuja canadensis), sphagnums (Sphagnum), azaleas 25 |
---|
106 | 106 | | (Rhododendron), black alder (Ilex verticillata), coast pepperbush (Clethra alnifolia), marsh 26 |
---|
107 | 107 | | marigold (Caltha palustris), blueberries (Vaccinium), buttonbush (Cephalanthus occidentalis), 27 |
---|
108 | 108 | | willow (Salicaceae), water willow (Decodon verticillatus), tupelo (Nyssa sylbatica), laurels 28 |
---|
109 | 109 | | (Kalmia), swamp white oak (Quercus biscolor), or species indicative of marsh. 29 |
---|
110 | 110 | | (17) “Vernal pool” means a depressional wetland basin that typically goes dry in most years 30 |
---|
111 | 111 | | and may contain inlets or outlets, typically of intermittent flow. Vernal pools range in both size and 31 |
---|
112 | 112 | | depth depending upon landscape position and parent materials. Vernal pools usually support one 32 |
---|
113 | 113 | | or more of the following obligate indicator species: wood frog (Lithobates sylvaticus), spotted 33 |
---|
114 | 114 | | salamander (Ambystoma maculatum), marbled salamander (Ambystoma opacum), and fairy 34 |
---|
115 | 115 | | |
---|
116 | 116 | | |
---|
117 | 117 | | LC001782 - Page 4 of 9 |
---|
118 | 118 | | shrimp (Eubranchipus spp.) and typically preclude sustainable populations of predatory fish. 1 |
---|
119 | 119 | | (18) “Agricultural land” means land on which agricultural operations are being conducted, 2 |
---|
120 | 120 | | or is suitable for agriculture operations, is under the control of a farmer, and has a USDA Farm 3 |
---|
121 | 121 | | Tract/Farm Number or the individual farming the land has filed a 1040F U.S. Internal Revenue 4 |
---|
122 | 122 | | Form with the Internal Revenue Service and has earned two thousand five hundred dollars ($2,500) 5 |
---|
123 | 123 | | gross income on farm products in the preceding year. 6 |
---|
124 | 124 | | (19) “Farm” means a parcel of land or other defined place, together with any attendant 7 |
---|
125 | 125 | | buildings, including dwellings, structures, machinery and equipment, tools and supplies, which is 8 |
---|
126 | 126 | | used for agriculture operations. 9 |
---|
127 | 127 | | (20) “Farmer” means a natural person who is either the owner of a farm or a principal 10 |
---|
128 | 128 | | operator of a farm and who engages in agricultural operations. 11 |
---|
129 | 129 | | (21) “Agricultural operations” includes any commercial enterprise that has as its primary 12 |
---|
130 | 130 | | purpose horticulture and production of field crops of all types, viticulture, viniculture, floriculture, 13 |
---|
131 | 131 | | forestry, stabling of horses, dairy farming, or aquaculture, or the raising of livestock, including for 14 |
---|
132 | 132 | | the production of fiber, furbearing animals, poultry, or bees, and all such other operations, uses, 15 |
---|
133 | 133 | | and activities as the director, in consultation with the chief of division of agriculture, may determine 16 |
---|
134 | 134 | | to be agriculture, or an agricultural activity, use or operation. 17 |
---|
135 | 135 | | 2-1-22. Procedure for approval by director — Notice of change of ownership — 18 |
---|
136 | 136 | | Recordation of permit. 19 |
---|
137 | 137 | | (a) Application for approval of a project to the director of environmental management shall 20 |
---|
138 | 138 | | be made in a form to be prescribed by the director and provided by the director upon request. Prior 21 |
---|
139 | 139 | | to the application, a request may be made for preliminary determination as to whether this chapter 22 |
---|
140 | 140 | | applies. A preliminary determination shall be made by the director only after an on-site review of 23 |
---|
141 | 141 | | the project and the determination shall be made within thirty (30) days of the request. This chapter 24 |
---|
142 | 142 | | shall be determined to apply if a significant alteration appears to be contemplated and an application 25 |
---|
143 | 143 | | to alter a freshwater wetland, buffer, or floodplain will be required. Within fourteen (14) days after 26 |
---|
144 | 144 | | receipt of the completed application accompanied by plans and drawings of the proposed project, 27 |
---|
145 | 145 | | the plans and drawings to be prepared by the registered professional engineer to a scale of not less 28 |
---|
146 | 146 | | than one inch (1") to one hundred feet (100'), the director shall notify all landowners whose 29 |
---|
147 | 147 | | properties are within two hundred feet (200') of the proposed project and the director will also 30 |
---|
148 | 148 | | notify the city or town council, the conservation commission, the planning board, the zoning board, 31 |
---|
149 | 149 | | and any other individuals and agencies in any city or town within the borders of which the project 32 |
---|
150 | 150 | | lies that may have reason, in the opinion of the director, to be concerned with the proposal. The 33 |
---|
151 | 151 | | director may also establish a mailing list of all interested persons and agencies who or that may 34 |
---|
152 | 152 | | |
---|
153 | 153 | | |
---|
154 | 154 | | LC001782 - Page 5 of 9 |
---|
155 | 155 | | wish to be notified of all applications. 1 |
---|
156 | 156 | | (b) If the director receives any objection to the project within forty-five (45) days of the 2 |
---|
157 | 157 | | mailing of the notice of application from his or her office, the objection to be in writing and of a 3 |
---|
158 | 158 | | substantive nature, the director shall then schedule a public hearing in an appropriate place as 4 |
---|
159 | 159 | | convenient as reasonably possible to the site of the proposed project. The director shall inform by 5 |
---|
160 | 160 | | registered mail all objectors of the date, time, place, and subject of the hearing to be held. The 6 |
---|
161 | 161 | | director shall further publish notice of the time, place, date, and subject of the hearing in one local 7 |
---|
162 | 162 | | newspaper circulated in the area of the project and one statewide newspaper, the notices to appear 8 |
---|
163 | 163 | | once per week for at least two (2) consecutive weeks prior to the week during which the hearing is 9 |
---|
164 | 164 | | scheduled. The director shall establish a reasonable fee to cover the costs of the investigations, 10 |
---|
165 | 165 | | notifications and publications, and hearing and the applicant shall be liable for the fee. 11 |
---|
166 | 166 | | (c) If no public hearing is required, or following a public hearing, the director shall make 12 |
---|
167 | 167 | | his or her decision on the application and notify the applicant by registered mail and the applicant’s 13 |
---|
168 | 168 | | attorney and any other agent or representative of the applicant by mail of this decision within a 14 |
---|
169 | 169 | | period of six (6) weeks. If a public hearing was held, any persons who objected, in writing, during 15 |
---|
170 | 170 | | the forty-five (45) day period provided for objections shall be notified of the director’s decision by 16 |
---|
171 | 171 | | first-class mail. 17 |
---|
172 | 172 | | (d) In the event of a decision in favor of granting an application, the director shall issue a 18 |
---|
173 | 173 | | permit for the applicant to proceed with the project and shall require the applicant to pay a permit 19 |
---|
174 | 174 | | fee of one hundred dollars ($100). The permit may be issued upon any terms and conditions, 20 |
---|
175 | 175 | | including time for completion, that the director may require. Permits shall be valid for a period of 21 |
---|
176 | 176 | | one year from the date of issue and shall expire at the end of that time unless renewed. A permit 22 |
---|
177 | 177 | | may be renewed for up to three (3) additional one-year periods upon application by the original 23 |
---|
178 | 178 | | permit holder or a subsequent transferee of the property subject to permit, unless the original permit 24 |
---|
179 | 179 | | holder or transferee has failed to abide by the terms and conditions of the original permit or any 25 |
---|
180 | 180 | | prior renewal. The director may require new hearings if, in his or her judgment, the original intent 26 |
---|
181 | 181 | | of the permit is altered or extended by the renewal application or if the applicant has failed to abide 27 |
---|
182 | 182 | | by the terms of the original permit in any way. In addition, in the event a project authorized by a 28 |
---|
183 | 183 | | permit was not implemented by the permit holder or transferee because approval of the project by 29 |
---|
184 | 184 | | a federal agency, for which application had been timely made, had not been received or a federal 30 |
---|
185 | 185 | | agency had stopped the project from proceeding, prior to the expiration of the permit, the permit 31 |
---|
186 | 186 | | holder or transferee may apply for a renewal of the permit at any time prior to the tenth (10th) 32 |
---|
187 | 187 | | anniversary of the original issuance, and the application shall be deemed to be an insignificant 33 |
---|
188 | 188 | | alteration subject to expedited treatment. The request for renewal of a permit shall be made 34 |
---|
189 | 189 | | |
---|
190 | 190 | | |
---|
191 | 191 | | LC001782 - Page 6 of 9 |
---|
192 | 192 | | according to any procedures and form that the director may require. 1 |
---|
193 | 193 | | (e) The original permittee or subsequent transferee shall notify the director, in writing, of 2 |
---|
194 | 194 | | any change of ownership that occurs while an original or renewal permit is in effect by forwarding 3 |
---|
195 | 195 | | a certified copy of the deed of transfer of the property subject to the permit to the director. 4 |
---|
196 | 196 | | (f) A notice of permit and a notice of completion of work subject to permit shall be eligible 5 |
---|
197 | 197 | | for recordation under chapter 13 of title 34 and shall be recorded at the expense of the applicant in 6 |
---|
198 | 198 | | the land evidence records of the city or town where the property subject to permit is located and 7 |
---|
199 | 199 | | any subsequent transferee of the property shall be responsible for complying with the terms and 8 |
---|
200 | 200 | | conditions of the permit. 9 |
---|
201 | 201 | | (g) The director shall notify the person requesting a preliminary determination and the 10 |
---|
202 | 202 | | person’s attorney, agent, and other representative of his or her decision by letter, copies of which 11 |
---|
203 | 203 | | shall be sent by mail to the city or town clerk, the zoning board, the planning board, the building 12 |
---|
204 | 204 | | official, and the conservation commission in the city or town within which the project lies. 13 |
---|
205 | 205 | | (h) The director shall report to the general assembly on or before February 1 of each 14 |
---|
206 | 206 | | calendar year on his or her compliance with the time provisions contained in this chapter. 15 |
---|
207 | 207 | | (i) Normal farming activities shall be considered insignificant alterations and, as normal 16 |
---|
208 | 208 | | farming activities, shall be exempted from the provisions of this chapter in accordance with the 17 |
---|
209 | 209 | | following procedures: 18 |
---|
210 | 210 | | (1) Normal farming and ranching activities are those carried out on agricultural land by 19 |
---|
211 | 211 | | farmers as defined in this title, including plowing, seeding, cultivating, land clearing for routine 20 |
---|
212 | 212 | | agriculture purposes, harvesting of agricultural products, pumping of existing farm ponds for 21 |
---|
213 | 213 | | agricultural purposes, upland soil and water conservation practices, and maintenance of existing 22 |
---|
214 | 214 | | farm drainage structures, existing farm ponds and existing farm roads are permissible at the 23 |
---|
215 | 215 | | discretion of farmers in accordance with best farm management practices which assure that the 24 |
---|
216 | 216 | | adverse effects to the flow and circulation patterns and chemical and biological characteristics of 25 |
---|
217 | 217 | | freshwater wetlands are minimized and that any adverse effects on the aquatic environment are 26 |
---|
218 | 218 | | minimized. 27 |
---|
219 | 219 | | (2) In the case of construction of new farm ponds, construction of new drainage structures, 28 |
---|
220 | 220 | | and construction of new farm roads, the division of agriculture shall be notified by the filing of a 29 |
---|
221 | 221 | | written application for the proposed construction by the property owner. The application shall 30 |
---|
222 | 222 | | include a description of the proposed construction and the date upon which construction is 31 |
---|
223 | 223 | | scheduled to begin, which date shall be no earlier than thirty (30) calendar days after the date of 32 |
---|
224 | 224 | | the filing of the application. The division of agriculture shall review such applications to determine 33 |
---|
225 | 225 | | that they are submitted for agricultural purposes and to ensure that adverse effects to the flow and 34 |
---|
226 | 226 | | |
---|
227 | 227 | | |
---|
228 | 228 | | LC001782 - Page 7 of 9 |
---|
229 | 229 | | circulation patterns and chemical and biological characteristics of freshwater wetlands are 1 |
---|
230 | 230 | | minimized and that any adverse effects on the aquatic environment are minimized and will not 2 |
---|
231 | 231 | | result in a significant alteration to the freshwater wetlands. Pursuant to this review, the division 3 |
---|
232 | 232 | | shall notify the applicant, in writing, whether the proposal is an insignificant alteration. This notice 4 |
---|
233 | 233 | | shall be issued not later than thirty (30) days after the date that the application was filed with the 5 |
---|
234 | 234 | | division. In the event notice is given by the division as required, the application shall be 6 |
---|
235 | 235 | | conclusively presumed to be an insignificant alteration. If no notice is given as required, or if an 7 |
---|
236 | 236 | | application is approved as an insignificant alteration, the applicant may cause construction to be 8 |
---|
237 | 237 | | done in accordance with the application, and neither the applicant, nor the applicant’s agents or 9 |
---|
238 | 238 | | employees who cause or perform the construction in accordance with the application, shall be liable 10 |
---|
239 | 239 | | for any criminal, civil, administrative or other fine, fee, or penalty, including restoration costs for 11 |
---|
240 | 240 | | violations alleged to arise from the construction. 12 |
---|
241 | 241 | | (3) The division of agriculture shall, in coordination with the agricultural council’s 13 |
---|
242 | 242 | | advisory committee, adopt regulations for subdivision (i)(2), and shall determine whether a 14 |
---|
243 | 243 | | proposed activity, other than an activity listed in subdivision (i)(1), constitutes a normal farming 15 |
---|
244 | 244 | | activity, or involves the best farm management practices. In making such a determination, the 16 |
---|
245 | 245 | | division of agriculture shall consider the proposed activity on a case-by-case basis, relative to the 17 |
---|
246 | 246 | | characteristics of the particular jurisdictional area in which the activity is proposed, and shall 18 |
---|
247 | 247 | | consider whether the activity incorporates best farm management practices and ensures that adverse 19 |
---|
248 | 248 | | effects to the flow and circulation patterns and chemical and biological characteristics of freshwater 20 |
---|
249 | 249 | | wetlands, buffers, and floodplains are minimized and that any adverse effects on the aquatic 21 |
---|
250 | 250 | | environment are minimized in each instance. 22 |
---|
251 | 251 | | (4) Except as otherwise provided for farm road construction, filling of freshwater wetlands 23 |
---|
252 | 252 | | conforms to the provisions of this chapter. 24 |
---|
253 | 253 | | (j) For the purposes of this section, a “farmer” is an individual, partnership, or corporation 25 |
---|
254 | 254 | | who operates a farm and has filed a 1040F U.S. Internal Revenue Form with the Internal Revenue 26 |
---|
255 | 255 | | Service, has a state farm tax number, and has earned ten thousand dollars ($10,000) gross income 27 |
---|
256 | 256 | | on farm products in each of the preceding four (4) years. 28 |
---|
257 | 257 | | (k) For the purposes of this section as applicable to normal farming and ranching activities 29 |
---|
258 | 258 | | specified in §§ 2-1-22(i)(1) and (i)(2) above, freshwater wetlands shall be defined as: freshwater 30 |
---|
259 | 259 | | wetlands, floodplains, areas subject to storm flowage, areas subject to flooding as defined in § 2-1-31 |
---|
260 | 260 | | 20 and the land area within two hundred feet (200′) of a flowing body of water having a width of 32 |
---|
261 | 261 | | ten feet (10′) or more during normal flow; the area of land within one hundred feet (100′) of a 33 |
---|
262 | 262 | | flowing body of water having a width of less than ten feet (10′) during normal flow; and the area 34 |
---|
263 | 263 | | |
---|
264 | 264 | | |
---|
265 | 265 | | LC001782 - Page 8 of 9 |
---|
266 | 266 | | of land within fifty feet (50′) of a bog, marsh of one acre or greater, swamp of three (3) acres or 1 |
---|
267 | 267 | | greater and pond not less than one quarter (¼) acre in extent. These areas shall also serve as the 2 |
---|
268 | 268 | | jurisdictional area. 3 |
---|
269 | 269 | | SECTION 2. This act shall take effect upon passage. 4 |
---|
270 | 270 | | ======== |
---|
271 | 271 | | LC001782 |
---|
272 | 272 | | ======== |
---|
273 | 273 | | |
---|
274 | 274 | | |
---|
275 | 275 | | LC001782 - Page 9 of 9 |
---|
276 | 276 | | EXPLANATION |
---|
277 | 277 | | BY THE LEGISLATIVE COUNCIL |
---|
278 | 278 | | OF |
---|
279 | 279 | | A N A C T |
---|
280 | 280 | | RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIONS OF |
---|
281 | 281 | | DEPARTMENT OF ENVIRO NMENTAL MANAGEMENT |
---|
282 | 282 | | *** |
---|
283 | 283 | | This act would redefine what constitutes a farm by reducing the amount of revenue from 1 |
---|
284 | 284 | | farm products required to be sold from ten thousand ($10,000) to two thousand five hundred dollars 2 |
---|
285 | 285 | | ($2500). The act would expand the farm to include all agricultural operations, including forestry. 3 |
---|
286 | 286 | | This act would take effect upon passage. 4 |
---|
287 | 287 | | ======== |
---|
288 | 288 | | LC001782 |
---|
289 | 289 | | ======== |
---|