Section 250-RICR-40-20-1.4 - DefinitionsA. For the purposes of these regulations, except as provided below, the following terms shall have the following meanings:1. "Actively devoted to agricultural or horticultural use" means land used, under normally acceptable practices, in the production of plants and animals useful to people including but not limited to: forages and sod; fruits of all kinds including nuts, berries, grapes and vegetables; floral, ornamental and greenhouse products, the growing of Christmas trees; dairy animals and dairy products; poultry and poultry products; sheep and sheep products; beekeeping; livestock including beef cattle, swine, horses and mules, the stabling of horses; the commercial breeding or grazing of any or all such animals for the production of meat, milk, fiber in saleable livestock; and the production of fish, shellfish, plant material and fish products through aquacultural practices.2. "Actively managed" means forestland managed in accordance with the provisions of a written forest stewardship plan for the enhancement of forest resources.3. "Agricultural operations" means as used in this Chapter, includes any commercial enterprise which has as its primary purpose horticulture, viticulture, viniculture, floriculture, forestry, stabling of horses, dairy farming, or aquaculture, or the raising of livestock, furbearing animals, poultry, or bees.4. "Assessor" means the appointed individual or elected board, or other person or agency charged with the duty of assessing real property in a municipality.5. "Conservation plan" means a written plan outlining Best Management Practices consistent with U.S. Department of Agriculture standards and approved by the District and Director.6. "Department" means the Rhode Island Department of Environmental Management.7. "Director" means the Director of the Rhode Island Department of Environmental Management or his/her authorized designee.8. "District" means the Conservation District organized under R.I. Gen. Laws Chapter 2-4.9. "Dual use generation unit" means a raised generation unit that allows for agricultural production to continue on the land beneath the solar photovoltaic modules or wind turbine structure that allows for agricultural production to continue around it, under normally acceptable practices.10. "Farm, forest and open space land value subcommittee" means the Subcommittee of the State Conservation Committee established under R.I. Gen. Laws Chapter 2-4.3 to recommend to the R.I. Department of Administration to be transmitted to each city or town tax assessor the methodology and values for the assessment of land for property taxation on the basis of current use for farm, forest and open space lands as established by R.I. Gen. Laws Chapter 44-27 and R.I. Gen. Laws § 44-5-12.11. "Farmer" means the principal person engaged in agricultural operations as indicated for income tax purposes.12. "Farmland" means any tract(s) of land, exclusive of house site, that meets any one of the following conditions and which has a Farm Forest and Open Space conservation plan, either applied for or in force within the past 10 years that is consistent with U.S. Department of Agriculture standards. a. "Land" means actively devoted to "agricultural or horticultural use."b. Land which constitutes a "farm unit" which means land owned by the farmer, including woodland and wetlands, at least (5) acres of which are actively devoted to agricultural and horticultural use and which have produced an annual gross income from the sale of its farm products of a least $2500.00 in one of the two preceding years.c. Land that is actively devoted to agricultural and horticultural use by a "subsistence farmer" who derives his or her primary means of sustenance from the consumption of agricultural products grown on their land. Non-farm related income must be low enough to make them eligible for assistance under Title 20 Programs.d. Land which meets the qualifications for payments with the Federal Government for a conservation set aside, or it has a combination of income, crop and acreage which in the Director's opinion qualifies this land for inclusion as a farm.13. "Forestland" means any tract or contiguous tracts of land, ten (10) acres or larger, exclusive of house site, bearing a dense growth of trees, including underbrush and young regenerating forest and ancillary habitat areas having either the quality of self-perpetuation, or being dependent upon its development by the planting and replanting of trees in stands of closely growing timber, actively managed under a stewardship plan approved by the Director.14. "Forest stewardship plan" or "Management plan" means a plan prepared by a professionally qualified forester, that incorporates landowner objectives into an action based plan for the purpose of enhancing forest resources, which may include cultural operations to improve, where feasible and practical, wildlife habitat, forest health, forest quality, watershed protection, soil stability, water quality protection, aesthetics, the atmosphere, and passive non-commercial recreation. To qualify, the plan must meet minimum criteria established in § 1.14 of this Part. Applicants should apply with the "Application for Designation of Farmland or Forestland".15. "Generation unit" means a facility that converts a fuel or energy resource into electrical energy.16. "House site" means the zoned lot size or one acre, whichever is smaller containing a house, and land under and surrounding dwellings or devoted to developed facilities, such as tennis courts, pools, etc., related to the use of the residence.17. "Open space" or "Open space land" means any tract or contiguous tracts of undeveloped land, where the undeveloped land serves to enhance agricultural values, or land in its natural state that conserves forests, enhances wildlife habitat or protects ecosystem health, and that are: a. Ten (10) total acres or larger, exclusive of house site; or,b. Tracts of land of any size that are designated as open space land in the town's comprehensive community plan; or,c. Tracts of land of any size that have conservation restrictions or easements in full force.18. "Owner" means the person recorded as the owner on the deed.19. "Person" means any individual, firm, corporation, co-operative, limited liability company (LLC), natural person, trust, estate, non-business entity, partnership, or other association or form of organization which can hold title to personal or real property interests under Rhode Island law.20. "Professionally qualified forester" means a person who has graduated, with at least a bachelor's degree in forestry, from a school recognized by the Society of American Foresters, or who possesses equivalent qualifications approved by the Director.21. "Under normally acceptable practices" means management of the farm using cultivation and husbandry techniques including but not limited to techniques for the proper animal and plant densities and spacing, harvesting techniques, soil conditioning and preservation techniques, erosion control practices, waste disposal techniques, cover crops, and rotation cycles recommended by the University of Rhode Island, U.S. Department of Agriculture, recognized producers organizations and seed and implement manufacturers for Rhode Island soils and practices approved by the DEM Agricultural Advisory Committee.250 R.I. Code R. 250-RICR-40-20-1.4
Amended effective 5/12/2019