250 R.I. Code R. 250-RICR-40-20-1.6

Current through December 26, 2024

Section 250-RICR-40-20-1.6 - Application for Designation of Farmland

A. An owner of land may file a written application with the Director for its designation by the Director as farmland. When the application is made and after a filing fee of ten dollars ($10.00) is paid, the Director shall examine the land. If the Director determines that the land is farmland, then the Director shall issue a certificate designating the land as farmland. The Director shall furnish a copy of the certificate to the owner of the land, and shall file one copy of the certificate in the office of the assessor of the city or town in which the land is located.

B. An owner of land designated as farmland by the Director may also apply to the assessor of the city or town where the land is located for its classification as farmland on any assessment list maintained by the city or town. Pursuant to R.I. Gen. Laws § 44-27-3(c)(1), such an application must be filed with the assessor of the city or town not earlier than thirty (30) days before nor later than thirty (30) days after the date of assessment, except that in years of revaluation the application must be filed not later than thirty (30) days after written notice of revaluation or in its absence after receipt of the tax bill. The Director's designation of that land as farmland must be valid as of a date at or prior to the date of the assessment. Pursuant to R.I. Gen. Laws § 44-27-3(d), the application must be made on a form prescribed by the assessor and include a description of the land and the date of issuance of the Director's certificate of designation.

C. Application to the Director for designation as farmland shall be made upon forms prescribed by the Director and shall include a description of the land and any other information that may be required to aid the Director in determining whether the land qualifies for that designation. For continuing eligibility, the property is subject to re-inspection by the Director every 5 years or at the request of the tax assessor subject to the management recommendations prescribed by the plan and approved by the Director.

D. Pursuant to R.I. Gen. Laws § 44-27-2(1)(iii), farmland shall be taxed according to agricultural use based upon the following five (5) categories:

1. Ornamental Crops: Including land devoted to floriculture, nursery and turf production, as well as land under greenhouses,

2. Vegetable and Orchards: Including small fruits, potatoes, cranberries, and Christmas trees,

3. Dairy and Livestock: Including forage crops, hay, silage corn and grain, and aquaculture,

4. Forest and Wasteland: Which is part of the farm property.

5. Renewable on Farmland/Dual Use Generation Units, in accordance with the following conditions:

a. the Dual Use Generation Unit will not interfere with the continued use of the land beneath the unit or around the structure for agricultural purposes;

b. the Dual Use Generation Unit is designed to optimize a balance between the generation of electricity and the agricultural productive capacity of the soils;

c. the Dual Use Generation Unit is a raised or freestanding structure allowing for continuous growth of crops underneath the solar photovoltaic modules or around the turbine, with height enough for labor and/or machinery as it relates to tilling, cultivating, soil amendments, harvesting, etc. and grazing animals;

d. annual reporting to the Division of Agriculture of the productivity of the crop(s) pursuant to §§ 1.6(D)(1) and (2) of this Part and herd, including pounds harvested and/or grazed, herd size growth, success of the crop, potential changes, etc., shall be provided after project implementation and throughout life of the Dual Use Generation Units. Annual reporting shall include, but not be limited to:

(1) dual-use being utilized (i.e. solar generation unit or wind turbine)

(2) total gross acres of open farmland to be integrated with the project;

(3) type of crop(s) to be grown, including grazing crops;

(4) pounds of crop(s) projected to be grown and harvested, or grazed;

(5) animals to be grazed with herd size(s); and

e. installation shall comply with applicable Fire Safety Code Board of Appeal and Review regulations, Title 450, and State Building Code Commission regulations, Title 510, as amended, and all other applicable laws and regulations.

f. All ground mount solar generation project must develop a vegetative management plan (annual landscaping, mowing, etc. surrounding the Dual Use Generation Unit) with the local fire official for a fire permit to be issued for the project. Under this requirement projects are not required to build their solar systems on crushed stone surfaces anymore.

g. Applicants are required to submit a current conservation plan to the Department that ensures continued viability of the farmland during and after the prescribed life of the renewable energy project.

E. Recommended values for farmland will be periodically determined by the Farm, Forest and Open Space Land Value Subcommittee.

250 R.I. Code R. 250-RICR-40-20-1.6

Amended effective 5/12/2019