Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 1 - 2000 Open Space Bond Authorization Rules and Regulations (250-RICR-110-00-1) › Section 250-RICR-110-00-1.5 - Definitions

Current through June 14, 2024
A. For the purposes of these Regulations, the
				  following terms shall have the following meanings:
1. "Agricultural acquisition" means the
				  purchase of development rights to land that has agricultural value.
2. "Agricultural value" means five or more
				  contiguous acres of land that is suitable for the production of crops or
				  livestock by reference to soil type or existing se as set forth in the Farmland
				  Preservation Act, of the R.I. Gen. Laws Chapter 42-82.
3. "Appraisal" means a report by a Certified
				  Rhode Island Appraiser that estimates the fair market value of
				  property.
4. "Conversation
				  commission" means a commission as defined in R.I. Gen. Laws Chapter
				  35-45.
5. "Conservation easement"
				  means a voluntary agreement to restrict the development and/or management of
				  land. The agreement restricts the use of the property in such a way that its
				  natural or man-made features are not altered or developed in a manner that is
				  inconsistent with the easement.
6.
				  "DEM - Division of Planning and Development" means a division of the Rhode
				  Island Department of Environmental Management that is authorized to administer
				  the Open Space and Recreation Bond Authorizations.
7. "DEM - land acquisition committee" means
				  an intra-departmental committee of the Department of Environmental Management
				  that make recommendations to the Director in regards to real estate
				  transactions.
8. "Department of
				  Environmental Management" means a department of the state government as
				  described in R.I. Gen. Laws Chapter 42-17.1.
9. "Development rights purchase" means the
				  acquisition of the development rights as defined in R.I. Gen. Laws §
											42-82-2.
10. "Director" means the Director of the
				  Rhode Island Department of Environmental Management as described in R.I. Gen.
				  Laws §
											42-17.1-1.
11. "Distressed community" means as defined
				  in R.I. Gen. Laws §
											45-13-12.
12. "Ecological value" means those values
				  that promote and enhance the biological diversity of the State.
13. "Educational Value" means opportunities
				  for educating the public in scenic, natural, agricultural and/or ecological
				  appreciation and conservation.
14.
				  "Environmental non-profit agency" means a group or organization formed pursuant
				  to R.I. Gen. Laws §
											7-6-1 et. seq. or which otherwise
				  qualifies as a tax exempt public charity under Section 501(c)(3) of the
				  Internal Revenue Code whose purpose is the protection and conservation of
				  natural resources as defined in its articles of incorporation.
15. "Greenway" means a corridor of protected
				  open space managed for conservation, recreation and/or transportation
				  purposes.
16. "Greenspace" means
				  land and water that is:
a. Legally restricted
				  or otherwise dedicated for purposes of conservation of natural resources and
				  which is reserved in an undeveloped state; or,
b. Legally restricted or otherwise reserved
				  for purposes of public recreation and of which development is limited to
				  structures and facilities essential to support public recreational
				  usage.
17. "Greenspace
				  acquisition" means the purchase of fee simple, conservation easement or
				  development rights of eligible land for the purpose of creating or maintaining
				  a greenway consistent with the State Greenspace and Greenways Plan.
18. "In-kind services" means noncash
				  contributions provided by the grantee, other public agencies and/or private
				  organizations or individuals. In-kind contributions consist of the value of
				  services directly benefiting and specifically identifiable to the
				  project.
19. "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; 16 U.S.C. 4601-4 et seq., found in the Land and
				  Water Conservation Fund Grants Manual, as amended, will be used in the
				  administration of Recreation Acquisition and Recreation Development
				  Program.
20. "Land protection plan"
				  means the plan adopted in 1996 and as may be amended by DEM entitled Protecting
				  Our Land Resources, to guide the department's land acquisition and protection
				  activities.
21. "Land trust" means
				  organizations incorporated pursuant to R.I. Gen. Laws §
											7-6-1 or organizations meeting the
				  definition of "charitable trust" set out in R.I. Gen. Laws §
											18-9-4; 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.
22. "Local comprehensive plan" means the plan
				  adopted by each municipality and approved pursuant to R.I. Gen. Laws Chapter
				  45-22.2.
23. "Management plan"
				  means a plan that specifically outlines the proposed uses and scheduled
				  management activities to be instituted on an acquired parcel of land. Contents
				  of management plans are based on criteria established by the Natural Heritage
				  Commission.
24. "Municipal agency"
				  means one or more units of municipal government whose purpose includes the
				  preservation of open space, acquisition of recreation land or development of
				  recreation land; said unit(s) having the operational capability and legal
				  authority to effectuate this purpose.
25. "Natural heritage preservation commission
				  advisory committee" means a committee to advise the Natural Heritage
				  Preservation Commission on natural heritage matters as defined in R.I. Gen.
				  Laws §
											42-17.5-6.
26. "Natural heritage preservation
				  commission" means a commission within the Department of Environmental
				  Management as defined in R.I. Gen. Laws §§
											42-17.5-4 and
				  42-17.5-5.
27. "Natural value" means those geologic,
				  hydrologic and biotic elements that occur in the state without human
				  introduction.
28. "Open space"
				  means undeveloped land that has natural, ecological or scenic value.
29. "Recreation acquisition" means the
				  acquisition of land suitable for recreation development in accordance with a
				  master plan for the development of the acquired property.
30. "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.
31. "Recreation Development
				  Resources Review Committee" or "RRRC" means an administrative body established
				  in 1972 to assume the duties and functions of the former Green Acres Review
				  Committee. The RRRC consists of no less than six and no more than ten
				  representatives selected by the State Planning Council.
32. "Scenic value" means aesthetically
				  appealing landscapes or views composed of natural and/or cultural
				  features.
33. "SCORP" means the
				  State Comprehensive Outdoor Recreation Plan adopted as Element 152 of the State
				  Guide Plan by the State Planning Council.
34. "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.
35. "State greenspace and
				  greenways plan" or "Greenways, greenspace element of the State Guide Plan"
				  means the document entitled "A Greener Path: Greenspace and Greenways for Rhode
				  Island's Future", and designated as Element 155 of the State Guide Plan, as
				  adopted by the State Planning Council pursuant to R.I. Gen. Laws §
											42-11-10 including any subsequent
				  revisions or amendments thereof adopted by the State Planning
				  Council.
36. "State guide plan"
				  means goals, policies and plans or plan elements for the physical, economic and
				  social development of the state, adopted by the state planning council in
				  accordance with R.I. Gen. Laws §
											42-11-20.
37. "Waiver of retroactivity" means approval
				  by the Director of costs incurred after the announcement of a grant round and
				  prior to a grant award as eligible for reimbursement. Waivers of Retroactivity
				  must be requested by the applicant in writing prior to contracting for services
				  or taking title to the property. Costs incurred prior to the approval of a
				  project are at the applicant's risk and retroactive reimbursement is not
				  assured. The granting of a waiver of retroactivity does not constitute
				  assurance that the project will be approved.
38. "Water resources board" means a unit of
				  Rhode Island state government whose purposes is to regulate the proper
				  development, protection, conservation and use of the water resources of the
				  state in accordance with R.I. Gen. Laws §
											46-15-1.
39. "Watershed" means a watershed is the area
				  of land from which runoff from rain, snow, or irrigation drains to a common
				  body of water.
40. "Watershed plan"
				  means a watershed plan is a document that identifies watershed goals and
				  management objectives along with specific action items that are needed. The
				  plan must be developed in consultation with all the key stakeholders within a
				  watershed including but not limited to: federal, state, local,
				  non-governmental, and the private sector. At a minimum, the watershed plan must
				  be officially recognized by the city or town council who is submitting the open
				  space grant application.
41.
				  "Watershed council" means an organization recognized by the Rhode Island Rivers
				  Council, responsible for advancing the purposes of R.I. Gen. Laws Chapter 46-28
				  of the and implementing the Rivers Policy and Classification Plan adopted as RI
				  State Guide Plan Element 162. As used in these Rules and Regulations, all terms
				  not defined herein shall have the meaning given them in R.I. Gen. Laws Chapter
				  42-35.