Section 250-RICR-40-20-1.9 - Revocation of Farmland or Forestland DesignationA. When requested to do so by the assessor or whenever the Director deems it necessary, the Director shall re-examine a farmland or forestland designation. If the Director finds that the property no longer qualifies as farmland or forestland, then the Director shall act to revoke the certificate of designation. Any action to revoke a certificate of designation shall be preceded by a notice to the owner of the land in accordance with R.I. Gen. Laws § 42-35-14(c) stating the facts or conduct that support revocation of the certificate and providing the owner with a time within which to demonstrate compliance with the requirements necessary to retain the farmland or forestland designation. If the owner fails to demonstrate sufficient compliance to retain the farmland or forestland designation, then the Director shall initiate administrative proceedings pursuant to R.I. Gen. Laws § 42-17.1-2(21) to revoke certificate of designation. Pursuant to R.I. Gen. Laws §§ 42-17.7-9, 44-27-3(b) and 44-27-4(b), the notice of revocation shall inform the owner that he/she has thirty (30) days to bring the land into compliance or to request a formal administrative hearing.B. Whenever a compliance order that finds that the land is no longer farmland or forestland shall become effective, whether after the hearing or automatically after thirty (30) days where no hearing has been requested, the Director shall issue a certificate revoking the designation as per R.I. Gen. Laws §§ 44-27-3(b) and 44-27-4(b). The certificate of revocation shall be issued in duplicate with one copy going to the landowner and one copy being filed in the office of the assessor of the city or town in which the land is located. Revocation of certificate of designation by action of the Director makes the land subject to the land use change tax pursuant to R.I. Gen. Laws § 44-5-39.250 R.I. Code R. 250-RICR-40-20-1.9
Amended effective 5/12/2019