250 R.I. Code R. 250-RICR-110-00-5.5

Current through November 7, 2024

Section 250-RICR-110-00-5.5 - Definitions

A. For the purposes of these Rules, the following terms shall have the following meanings:

1. "Act" means the Preservation of State Open Space Act as set forth in the R.I. Gen. Laws Chapter 42-17.9.

2. "Action" means the sale, lease for a period greater than one year, transfer, conveyance, change in-use, or amendment of interest in State-owned property.

3. "Agency" means any department, division, unit, bureau, board, commission, council, committee, institution, or other entity established by the State of Rhode Island not specifically exempted from the provisions of R.I. Gen. Laws Chapters 37-6 and 37-7.

4. "Application" means an Agency's application to sell, lease, transfer, convey, implement a change-in-use, and/or amend an interest in State-owned property.

5. "Chair" means the Chair of the State of Rhode Island State Properties Committee.

6. "Change-in-use" or "change-of-use" means any change in the use, purpose, or level of activity on any parcel of property or portion thereof.

7. "Committee" means The State of Rhode Island State Properties Committee.

8. "Department" means the State of Rhode Island Department of Environmental Management or DEM. When used in the context of an action, authorization or application, it shall mean the agent of the Department duly authorized by the Director to take such action, grant such authorization or recommend such application for approval.

9. "Director" means the Director of the Rhode Island Department of Environmental Management.

10. "Division" means the State of Rhode Island, Department of Administration, Division of Planning.

11. "Open space" means undeveloped or partially developed real property owned by an Agency of the State of Rhode Island that includes, but is not limited to, the following: conservation land, forested land, wetlands, recreation land, management areas, agricultural land, critical habitat, recreational areas, and corridor parks. Such lands may include amenities such as small parks, green buffers along roadways, or any open area that is owned by an Agency. While many parcels are specifically designated as open space, open space may also refer to undesignated, undeveloped land with particular conservation or recreation interest.

12. "Open space" or "natural resource values" means the state's interest in open space values shall mean interests established by law or by investment of public resources and shall include the natural resource, recreational, scenic, habitat and ecological, water supply, agricultural, soil conservation, and forestry values of lands, wetlands, and waters, acquired, preserved, conserved, and/or protected under the provisions of law.

13. "Person" means any individual; corporation; partnership; public utility; nonprofit organization; trust; unincorporated association; federal, state, county or local government, or any agency or subdivision thereof; or any other entity; or any combination of the foregoing.

14. "Property" means State-owned real estate.

15. "R.I. Gen. Laws" means the Rhode Island General Laws of 1956, as amended from time to time.

16. "Rules" means these Rules and Regulations Governing the Preservation and Protection of State Open Space, which govern the administration and enforcement of the Act. Unless otherwise expressly stated, any reference herein to the Rules incorporates the relevant provisions of the Act.

250 R.I. Code R. 250-RICR-110-00-5.5