Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 2 - Rules and Regulations for 1989 Open Space and Recreation Capital Development Program (250-RICR-110-00-2) › Section 250-RICR-110-00-2.3 - Definitions

Current through June 14, 2024
A. "Agricultural acquisition" means the
				  development rights purchase of land that has agricultural value.
B. "Agricultural value" means five of more
				  contiguous acres which are suitable for the production of crops or livestock by
				  reference to soil type or existing use.
C. "Coastal flood prone area" means land
				  located within 1,000 feet of the shoreline of a tidal water body and which is
				  designated on Flood Insurance Rate Maps published by the Federal Emergency
				  Management Agency as Special Flood Hazard Area (V zones and A zones).
D. "Coastal and shoreline acquisition" means
				  the purchase of fee simple or development rights to land adjacent to a fresh or
				  tidal water body, including, but not limited to rivers, ponds, lakes and the
				  ocean.
E. "Development rights
				  purchase" means the acquisition of a conservation easement as defined in R.I.
				  Gen. Laws §
										34-39-2(a)
				  sufficient to insure preservation of the property in an undeveloped open space
				  state in perpetuity.
F. "Director"
				  means the Director of the Rhode Island Department of Environmental
				  Management.
G. "Ecological value"
				  means those values that promote and enhance the biological diversity of the
				  State.
H. "Educational value" means
				  opportunities for educating the public in scenic, natural, agricultural and/or
				  ecological appreciation and preservation.
I. "Land and water conservation fund" means
				  for the purpose of these rules the administrative policies, procedures and
				  guidelines of the Land and Water Conservation Fund Act of 1965, Public Law
				  88-578, 78 Stat 897, found in the Land and Water Conservation Fund Grants
				  Manual, will be used in the administration of Recreation Acquisition and
				  Recreation Development.
J. "Land
				  and trust" means organizations incorporated pursuant to R.I. Gen. Laws §
										7-6-1, et. seq.; or organizations
				  meeting the definition of "charitable trust" set out in R.I. Gen. Laws §
										8-9-4; or organizations duly
				  existing as private non-profit organizations in other states or the District of
				  Columbia among whose purposes is the preservation of open space, as the term is
				  defined in R.I. Gen. Laws §
										45-36-1. Further all organizations
				  must have been granted preliminary status as a tax-exempt corporation under
				  Section 501(c)(3) of the Internal Revenue Code and its regulations, as they now
				  exist or may hereafter be amended.
K. "Master plan" means adoption and
				  maintenance of a plan, within the past five years, which adequately addresses
				  the restoration of historic landscape in order to maintain the landscape
				  architectural integrity of the park. Sufficient detail is needed to delineate
				  the park rehabilitation projects and set the priorities for the
				  projects.
L. "Municipal agency"
				  means a unit of municipal government or an agency composed of representatives
				  of several municipal governments among whose purposes is the preservation of
				  open space, acquisition of recreation land or development of recreation land;
				  said unit having the operational capability and legal authority to effectuate
				  this purpose.
M. "Natural value"
				  means those geologic, hydrologic and biotic elements that occur in the State
				  without human introduction.
N.
				  "Recreation acquisition" means one (1) or more contiguous acre(s) of land
				  suitable for recreation. The Recreation Resources Review Committee, in its
				  discretion, may waive the acreage requirement in exceptional
				  circumstances.
O. "Recreation
				  development" means construction of basic outdoor recreation and support
				  facilities for the improvement and restoration of public recreation areas to
				  serve the general public.
P.
				  "Scenic value" means aesthetically appealing landscapes or views composed of
				  natural and/or cultural features.
Q. "SCORP" means the State Comprehensive
				  Outdoor Recreation Plan adopted as element 152 of the State Guide Plan by the
				  State Planning Council.
R.
				  "Shoreline access improvement" means a proposed project that will improve the
				  safety, accessibility and/or convenience of the shoreline access
				  site.
S. "Shoreline access site"
				  means a site that provides public access to tidal waters or, in some cases, a
				  site bordering tidal waters and providing a view of, but not physical access
				  to, the tidal water.
T. "State
				  agency" means a unit of Rhode Island State government among whose purposes is
				  the preservation of open space, acquisition of recreation land or development
				  of recreation land; said unit having the operational capability and legal
				  authority to effectuate this purpose.
U. "State coastal and shoreline acquisition"
				  means the purchase of fee simple or development rights, by a State Agency, to
				  land adjacent to a fresh or tidal water body, including, but not limited to
				  rivers, ponds, lakes and the ocean.
V. "Urban park rehabilitation" means
				  rehabilitation of parks, listed in §
										2.9(C)(3) 
				  of this Part, which shall be carried out pursuant to the approved master plan
				  dealing with the restoration of historic landscape in order to maintain the
				  landscape architectural integrity of these parks.