Section 250-RICR-110-00-1.5 - DefinitionsA. For the purposes of these Regulations, the following terms shall have the following meanings: 1. "Agricultural acquisition" means the purchase of development rights to land that has agricultural value.2. "Agricultural value" means five or more contiguous acres of land that is suitable for the production of crops or livestock by reference to soil type or existing se as set forth in the Farmland Preservation Act, of the R.I. Gen. Laws Chapter 42-82.3. "Appraisal" means a report by a Certified Rhode Island Appraiser that estimates the fair market value of property.4. "Conversation commission" means a commission as defined in R.I. Gen. Laws Chapter 35-45.5. "Conservation easement" means a voluntary agreement to restrict the development and/or management of land. The agreement restricts the use of the property in such a way that its natural or man-made features are not altered or developed in a manner that is inconsistent with the easement.6. "DEM - Division of Planning and Development" means a division of the Rhode Island Department of Environmental Management that is authorized to administer the Open Space and Recreation Bond Authorizations.7. "DEM - land acquisition committee" means an intra-departmental committee of the Department of Environmental Management that make recommendations to the Director in regards to real estate transactions.8. "Department of Environmental Management" means a department of the state government as described in R.I. Gen. Laws Chapter 42-17.1.9. "Development rights purchase" means the acquisition of the development rights as defined in R.I. Gen. Laws § 42-82-2.10. "Director" means the Director of the Rhode Island Department of Environmental Management as described in R.I. Gen. Laws § 42-17.1-1.11. "Distressed community" means as defined in R.I. Gen. Laws § 45-13-12.12. "Ecological value" means those values that promote and enhance the biological diversity of the State.13. "Educational Value" means opportunities for educating the public in scenic, natural, agricultural and/or ecological appreciation and conservation.14. "Environmental non-profit agency" means a group or organization formed pursuant to R.I. Gen. Laws § 7-6-1 et. seq. or which otherwise qualifies as a tax exempt public charity under Section 501(c)(3) of the Internal Revenue Code whose purpose is the protection and conservation of natural resources as defined in its articles of incorporation.15. "Greenway" means a corridor of protected open space managed for conservation, recreation and/or transportation purposes.16. "Greenspace" means land and water that is:a. Legally restricted or otherwise dedicated for purposes of conservation of natural resources and which is reserved in an undeveloped state; or,b. Legally restricted or otherwise reserved for purposes of public recreation and of which development is limited to structures and facilities essential to support public recreational usage.17. "Greenspace acquisition" means the purchase of fee simple, conservation easement or development rights of eligible land for the purpose of creating or maintaining a greenway consistent with the State Greenspace and Greenways Plan.18. "In-kind services" means noncash contributions provided by the grantee, other public agencies and/or private organizations or individuals. In-kind contributions consist of the value of services directly benefiting and specifically identifiable to the project.19. "Land and water conservation fund" means for the purpose of these rules the administrative policies, procedures and guidelines of the Land and Water Conservation Fund Act of 1965; Public Law 88-578; 16 U.S.C. 4601-4 et seq., found in the Land and Water Conservation Fund Grants Manual, as amended, will be used in the administration of Recreation Acquisition and Recreation Development Program.20. "Land protection plan" means the plan adopted in 1996 and as may be amended by DEM entitled Protecting Our Land Resources, to guide the department's land acquisition and protection activities.21. "Land trust" means organizations incorporated pursuant to R.I. Gen. Laws § 7-6-1 or organizations meeting the definition of "charitable trust" set out in R.I. Gen. Laws § 18-9-4; or organizations duly existing as private non-profit organizations in other states or the District of Columbia among whose purposes is the preservation of open space, as the term is defined in R.I. Gen. Laws § 45-36-1. Further, all organizations must have been granted preliminary status as a tax-exempt corporation under Section 501(c) (3) of the Internal Revenue Code and its regulations, as they now exist or may hereafter be amended.22. "Local comprehensive plan" means the plan adopted by each municipality and approved pursuant to R.I. Gen. Laws Chapter 45-22.2.23. "Management plan" means a plan that specifically outlines the proposed uses and scheduled management activities to be instituted on an acquired parcel of land. Contents of management plans are based on criteria established by the Natural Heritage Commission.24. "Municipal agency" means one or more units of municipal government whose purpose includes the preservation of open space, acquisition of recreation land or development of recreation land; said unit(s) having the operational capability and legal authority to effectuate this purpose.25. "Natural heritage preservation commission advisory committee" means a committee to advise the Natural Heritage Preservation Commission on natural heritage matters as defined in R.I. Gen. Laws § 42-17.5-6.26. "Natural heritage preservation commission" means a commission within the Department of Environmental Management as defined in R.I. Gen. Laws §§ 42-17.5-4 and 42-17.5-5.27. "Natural value" means those geologic, hydrologic and biotic elements that occur in the state without human introduction.28. "Open space" means undeveloped land that has natural, ecological or scenic value.29. "Recreation acquisition" means the acquisition of land suitable for recreation development in accordance with a master plan for the development of the acquired property.30. "Recreation development" means construction of basic outdoor recreation and support facilities for the improvement and restoration of public recreation areas to serve the general public.31. "Recreation Development Resources Review Committee" or "RRRC" means an administrative body established in 1972 to assume the duties and functions of the former Green Acres Review Committee. The RRRC consists of no less than six and no more than ten representatives selected by the State Planning Council.32. "Scenic value" means aesthetically appealing landscapes or views composed of natural and/or cultural features.33. "SCORP" means the State Comprehensive Outdoor Recreation Plan adopted as Element 152 of the State Guide Plan by the State Planning Council.34. "State agency" means a unit of Rhode Island state government among whose purposes is the preservation of open space, acquisition of recreation land or development of recreation land; said unit having the operational capability and legal authority to effectuate this purpose.35. "State greenspace and greenways plan" or "Greenways, greenspace element of the State Guide Plan" means the document entitled "A Greener Path: Greenspace and Greenways for Rhode Island's Future", and designated as Element 155 of the State Guide Plan, as adopted by the State Planning Council pursuant to R.I. Gen. Laws § 42-11-10 including any subsequent revisions or amendments thereof adopted by the State Planning Council.36. "State guide plan" means goals, policies and plans or plan elements for the physical, economic and social development of the state, adopted by the state planning council in accordance with R.I. Gen. Laws § 42-11-20.37. "Waiver of retroactivity" means approval by the Director of costs incurred after the announcement of a grant round and prior to a grant award as eligible for reimbursement. Waivers of Retroactivity must be requested by the applicant in writing prior to contracting for services or taking title to the property. Costs incurred prior to the approval of a project are at the applicant's risk and retroactive reimbursement is not assured. The granting of a waiver of retroactivity does not constitute assurance that the project will be approved.38. "Water resources board" means a unit of Rhode Island state government whose purposes is to regulate the proper development, protection, conservation and use of the water resources of the state in accordance with R.I. Gen. Laws § 46-15-1.39. "Watershed" means a watershed is the area of land from which runoff from rain, snow, or irrigation drains to a common body of water.40. "Watershed plan" means a watershed plan is a document that identifies watershed goals and management objectives along with specific action items that are needed. The plan must be developed in consultation with all the key stakeholders within a watershed including but not limited to: federal, state, local, non-governmental, and the private sector. At a minimum, the watershed plan must be officially recognized by the city or town council who is submitting the open space grant application.41. "Watershed council" means an organization recognized by the Rhode Island Rivers Council, responsible for advancing the purposes of R.I. Gen. Laws Chapter 46-28 of the and implementing the Rivers Policy and Classification Plan adopted as RI State Guide Plan Element 162. As used in these Rules and Regulations, all terms not defined herein shall have the meaning given them in R.I. Gen. Laws Chapter 42-35.250 R.I. Code R. 250-RICR-110-00-1.5