Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 8 - Farmland Access Program Rules and Regulations (250-RICR-110-00-8) › Section 250-RICR-110-00-8.9 - State Farmland Access Advisory Committee: Evaluation Procedure and Scoring Criteria

Current through June 14, 2024
A. The Director
				  shall establish a State Farmland Access Advisory Committee, a public body of
				  not less than five (5) nor more than nine (9) members to recommend
				  farmer-buyers from the solicited pool of applicants for each purchased farm
				  property. The Committee shall have a period of sixty (60) days following the
				  solicitation deadline to meet and score the applications.
B. Committee members shall be appointed by
				  the Director to achieve a reasonable representation of entities concerned with
				  diverse types of Agriculture in Rhode Island. The Committee shall include no
				  less than two farmers-at-large who are residents of the State of Rhode Island,
				  the chief of the Division of Planning and Development or his or her designee
				  (non-voting member), and the chief of the Division of Agriculture or his or her
				  designee (non-voting member). In addition, the Director shall give
				  consideration to appointments from the RI Agricultural Council, the RI Farm
				  Bureau, the RI Conservation Districts, an organization that advocates for the
				  interests of beginning farmers, a member at-large from the food and
				  agricultural advocacy community. Organizations or individuals may at any time
				  register their interest in membership, in writing, with the Director;
				  organizations may nominate individuals for appointment. The Director may
				  appoint those nominated provided there are vacancies on the Committee. No
				  member shall at any time during his/her membership be an applicant.
C. Appointment terms shall not exceed five
				  (5) years although members may succeed themselves and serve consecutive terms,
				  not to exceed two (2) terms. The Director, at his/her discretion, may replace
				  Committee members due to unexcused absences or for cause, provided the
				  organization that the member represents is notified in writing.
D. The Chairperson shall be a representative
				  of the DEM designated by the Director of DEM. The Chairperson may select a
				  designee to appear at Committee meetings on his or her behalf. There shall be a
				  Vice-Chairperson appointed by the Chair at the first regular meeting of each
				  calendar year.
E. At its first
				  meeting the Committee shall develop a scoring system, using the criteria below,
				  to evaluate and recommend prospective farmer-buyers. Price will be set as
				  outlined in §
										8.11(A) of
				  this Part and will not be a factor in scoring.
F. The Committee shall score each
				  farmer-buyer applicant using the scoring system developed. Based on the
				  resulting scores, the Committee will select and recommend to the Director a
				  farmer-buyer applicant (subject to confirmation of necessary financing) or, if
				  the Committee determines that there is not a suitable applicant, may recommend
				  that DEM lease the farmland in accordance with §
										8.14 of this Part. The
				  Director shall accept the Committee's recommendation unless there is a
				  reasonable justification. If the Director does not accept the Committee's
				  recommendation, then notice will be provided in writing to the Committee
				  stating the Director's reason(s) for rejecting the recommendation.
G. Scoring Criteria to be established by the
				  Committee shall include:
1. Agricultural
				  Experience. The Committee shall consider the duration and quality of the
				  agricultural experience with a type of agriculture similar to the type proposed
				  in the applicant's Farm Plan. Priority shall be given to small and/or beginning
				  farmers who are farming full-time or working towards becoming a full-time
				  farmer in Rhode Island and to such farmers who have direct experience with the
				  subject farm property.
2. Farm
				  Business Experience. The Committee shall consider the duration and quality of
				  the experience managing a farm business, including the ability to bring
				  products to market and sustain positive cash flow. Priority shall be given to
				  small and/or beginning farmers that have demonstrated their ability to run a
				  successful farm business.
3. Farm
				  Plan. The Committee shall consider the suitability of the applicant's plan for
				  the purchased farm property, including land use and business operations. In
				  determining plan suitability, the Committee shall consider the soil type,
				  topography, infrastructure, and size of the farm property in relation to the
				  proposed agricultural operation. The Committee shall also consider the
				  viability of the proposed farm business on the subject farm property using the
				  following criteria: market potential for the proposed product to be raised on
				  the farm property, identified/secured market outlets, and projected
				  earnings.
4. Ability to Finance
				  Farm Purchase and Farm Business. The Committee shall consider the applicant's
				  financial readiness to purchase the property and start and sustain a farm
				  business, including evidence of loan pre-qualification and/or availability of
				  start-up capital. DEM will not provide financing.
5. Demonstrated need for farmland. Priority
				  shall be given to in-state farmers who do not currently own sufficient land to
				  sustain a profitable farming operation.