Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act


Title 250 Department of Environmental Management
Chapter 40 Agriculture and Resource Marketing
Subchapter 20 Marketing
Part 1 Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act
Type of Filing Amendment
Regulation Status Proposed View Active Rule
Filing Notice Date 09/24/2018
Filing Hearing Date(s) 10/17/2018
Public Comment Dates 09/24/2018 to 10/24/2018

Regulation Authority :

R.I. Gen. Laws Chapter 44-27
R.I. Gen. Laws §§ 44-5-39 through 41

Purpose and Reason :

The purpose of these regulations is to update the requirements for implementation of the Farm, Forest, and Open Space Act to include provision regarding dual use renewable energy standards, and to make additional amendments as necessary. The Department of Environmental Management, Divisions of Agriculture and Forest Environment in cooperation with cities and towns are responsible for administering the program. These regulations will: define properties eligible for inclusion; set eligibility requirements; specify standards for continued eligibility. The purpose of this amendment is to reformat the regulation in accordance with the RICR and to make additional non-technical changes.  Reformatting of the regulation in accordance with RICR includes, but is not limited to, renumbering, movement of text, and elimination of duplicative or non-regulatory text, among other format changes. A summary of non-technical changes between current and proposed regulation by section is as follows:

Former Rule 3, Findings and Policy, was removed from the regulation. 

Section 1.4 has been updated to add definitions of “generation unit” and “dual generation unit,” and to revise existing language in several definitions, including language in relation to conservation plan requirements. 

Section 1.5 has been added in response to statutory amendments. 

Section 1.6 has been updated to include a section allowing an agricultural operation to use solar panels or wind turbines as a secondary use of the land, thereby allowing for both energy production and farmland agriculture to occur in the same footprint under specified standards. 

Section 1.7 has been updated to remove references to outdated RIDEM guidance documents and appendices. 

Section 1.12, Severability, was removed from the regulation. 

Former Rule 15, Effective Date, was removed from the regulation. 

All appendices have been removed from the regulation. 


Comments Received*

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