reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 20 - Government and Utilities › Subchapter 00 - N/A › Part 5 - Accommodating Utility Facilities within Public Freeway Rights-of-Way and Public Railroad Rights-of-Way (290-RICR-20-00-5) › Section 290-RICR-20-00-5.7 - Compensation

Current through June 14, 2024
A. Compensation for the installation of a utility facility will be determined by the Department based upon the fair market value of the property utilized.
B. In reference to municipalities and non-profit, Public Utilities Commission regulated utilities, it shall be the Department's recommendation to the State Properties Committee that fair market value be waived and no compensation be due.
C. Payment must be in the form of a certified check or money order made payable to the Rhode Island Department of Transportation. Cash will not be accepted.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 1 - Control and Restriction of Billboards, Signs and Other Advertising Devices › Section 290-RICR-30-00-1.1 - Authority and Purpose

Current through June 14, 2024
1.1.1
Authority
These Rules and Regulations are promulgated pursuant to
								R.I. Gen. Laws Chapter 24-10.1,  23 C.F.R. §
												750  and  23 U.S.C §
												131.
1.1.2
Purpose
The purpose of these Rules and Regulations is to control
								the erection and maintenance of outdoor advertising signs relating to areas
								adjacent to the interstate, primary highways systems and other roads within the
								State of Rhode Island.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 1 - Control and Restriction of Billboards, Signs and Other Advertising Devices › Section 290-RICR-30-00-1.2 - Applicability

Current through June 14, 2024
These Rules and Regulations apply to areas adjacent to the
								interstate, primary highway systems and other roads within the State of Rhode
								Island as designated by the Department pursuant to R.I. Gen. Laws §
										24-10.1-2(2), (5) and
								(7). A list of such designated roads is
								posted on the DOT website and the Secretary of State's
								website.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 1 - Control and Restriction of Billboards, Signs and Other Advertising Devices › Section 290-RICR-30-00-1.3 - Incorporated Materials

Current through June 14, 2024
These regulations hereby adopt and incorporate Manual on
								Uniform Traffic Control Devices for Streets and Highways (MUTCD),  23 C.F.R §
											655, subpart F (2009) by reference, not including any further editions
								or amendments thereof and only to the extent that the provisions therein are
								not inconsistent with these regulations.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 1 - Control and Restriction of Billboards, Signs and Other Advertising Devices › Section 290-RICR-30-00-1.5 - Signs Outside Urban Areas

Current through June 14, 2024
A. The following
							signs shall be allowed outside urban areas.
1.
							Directional and other official signs.
2. Signs located in Commercial or Industrial
							zones, as defined in §
											1.4(A)(3)     of
							this Part. However, signs that are more than 660 feet from the edge of the
							right-of-way, and erected with the purpose of their message being read from the
							main-traveled way are prohibited.
3. Signs located in Unzoned commercial or
							industrial areas, as defined in §
											1.4(A)(43)    of this Part. However, signs which are more than 660 feet from the edge of the
							right-of-way, and erected with the purpose of their message being read from the
							main-traveled way are prohibited.
4. Landmark signs, as defined in §
											1.4(A)(19)    of this Part.
5. Any and all types
							of signs not listed above are hereby prohibited outside urban
							areas.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 1 - Control and Restriction of Billboards, Signs and Other Advertising Devices › Section 290-RICR-30-00-1.6 - General Regulations

Current through June 14, 2024
A. The following
							shall apply to all legally conforming and legally non-conforming signs:
1. Signs shall not be erected or maintained
							or altered in such a manner as to obscure or otherwise physically interfere
							with an official traffic sign, signal or device, or to obstruct or physically
							interfere with the driver's view of approaching, merging, or intersecting
							traffic.
2. Signs shall not be
							erected or maintained which imitate or resemble official traffic signs, signals
							or devices, or are erected or maintained upon trees or painted or drawn upon
							rocks or natural features, or which are structurally unsafe or in
							disrepair.
3. Nothing in these
							Rules and Regulations shall be construed to abrogate or affect the provisions
							of any lawful ordinance, regulation or resolution, which are more restrictive
							than the provisions of this chapter.
4. Pursuant to R.I. Gen. Laws §
											24-10.1-9(b),
							the Director of the Department shall not regulate any on-premise or off-premise
							non-commercial protected speech contained within any advertising display
							authorized by these regulations.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 1 - Control and Restriction of Billboards, Signs and Other Advertising Devices › Section 290-RICR-30-00-1.7 - Criteria for a Legal Conforming Sign

Current through June 14, 2024
A. For a sign to
							be designated legal conforming, it must comply with the following location,
							size, spacing, and lighting criteria, pursuant to R.I. Gen. Laws §
										24-10.1-3.
B. Location
1. Signs must be located in a zoned
							commercial or industrial area or a non-urban area that is unzoned commercial or
							industrial.
2. All signs shall be
							set back at least twenty-five (25)' feet from the nearest edge of right-of-way
							except in areas zoned by authority of law either industrial or commercial where
							the setback established by such authority will be observed.
3. No sign shall be erected in any area
							regardless of zoning or other considerations in areas either of natural or
							manmade scenic beauty or historical significance, including designated scenic
							roadways and bicycle paths, designated as such by the Rhode Island Department
							of Transportation.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 1 - Control and Restriction of Billboards, Signs and Other Advertising Devices › Section 290-RICR-30-00-1.8 - Revocation of Legal Non-Conforming Signs

Current through June 14, 2024
A. There are
							several ways in which a legal non-conforming sign permit may be revoked:
1. A legal non-conforming sign that is
							abandoned or discontinued is a sign that may lose its legal non-conforming
							status if the sign owner fails to operate the sign ninety (90) calendar days
							unless receiving prior approval by the Director of the Department of
							Transportation. Examples are:
a. Obsolete
							message content on the sign.
b.
							Blanked-out signs void of any message content.
c. Signs in need of such substantial repair
							where replacement costs exceeds twenty-five percent (25%) of the sign's current
							fair market value. Repairs must not begin without the prior written approval of
							the Director of the Department of Transportation. Reasonable repair and
							maintenance is permitted as prescribed in §
												1.9     of this Part.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 1 - Control and Restriction of Billboards, Signs and Other Advertising Devices › Section 290-RICR-30-00-1.9 - Maintenance of Legal Non-Conforming Signs

Current through June 14, 2024
A. Customary
							Maintenance - Legal non-conforming signs must remain substantially the same as
							they were on the date they became nonconforming. Reasonable repair and
							maintenance are permitted. Changes to the physical structure on the sign, other
							than a change of message, must be accomplished in accordance with these Rules
							and Regulations. These requirements include:
1. No change in the size of the legal
							non-conforming sign or the advertising panel.
2. No change in the type of existing
							structure, including but not limited to a legal non-conforming sign with wooden
							posts to a monopole.
3. No addition
							of lighting, either attached or unattached.
4. No repairs exceeding twenty-five percent
							(25%) of the replacement cost of the legal non-conforming sign structure
							subject to these Rules and Regulations.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 1 - Control and Restriction of Billboards, Signs and Other Advertising Devices › Section 290-RICR-30-00-1.10 - Illegal Signs

Current through June 14, 2024
A. A sign shall be
							classified as illegal including but not limited to the following:
1. If erected in a controlled area where
							signs are not allowed; or
2. If
							violates size, lighting or spacing requirements; or
3. If fails to have a proper
							permit.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 1 - Control and Restriction of Billboards, Signs and Other Advertising Devices › Section 290-RICR-30-00-1.11 - On-Premise Advertising Signs

Current through June 14, 2024
A. Pursuant to R.I.
							Gen. Laws §
										24-10.1-9(b),
							the Director of the Department shall not regulate any on-premise or off-premise
							non-commercial protected speech contained within any advertising display
							authorized by these regulations.
B.
							On-Premise advertising signs may not be required to have a permit under this
							Part, and may be permissible if they conform to the following rules:
1. The on-premise advertising sign shall be
							located within fifty (50) feet of the immediate vicinity of the principal
							activity.
2. The on-premise
							advertising sign shall be located on the same premises as the principal
							activity or property advertised. Any sign that consist solely of the name of
							the establishment is an on-premise sign.
3. The on-premise advertising sign shall have
							as its purpose:
a. Advertising of the sole
							and/or principal activity and/or its products being sold and/or services
							rendered; or
b. Advertising of the
							sale or lease of property on which the on-premise advertising sign is located,
							rather than the purpose of general advertising.
c. An on-premise advertising sign identifying
							the establishments' principal and/or accessory products and/or services offered
							on the premises is an on-premise advertising sign.
4. A "For Sale" or "For Lease" advertising
							sign which advertises a product or a service located upon and related to the
							business of selling or leasing the land on which the advertising sign is
							located, is an on-premise advertising sign.
5. If any or all portion of a sign advertises
a. Activity or activities conducted on the
							premises, and/or products or services part of the principal
							activity
6. The
							on-premise advertising sign owner bears the burden of proving, by a
							preponderance of the evidence, that the advertised activity is conducted on the
							premises. The following shall be used for determining whether an on-premise
							advertising sign is located on the same premises as the activity or property
							advertised.
a. The premises on which an
							activity is conducted is determined by physical facts rather than property
							lines, ownership, recorded plats and lots, etc. Generally, it is defined as the
							improved land occupied by the buildings or other physical uses that are
							necessary and customarily incident to the activity on a regular basis including
							such open spaces as are reasonably arranged and designed to be used in
							connection with such buildings or uses on a regular basis. On-Premise
							advertising signs shall be no more than fifty (50) feet from said
							activity.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 1 - Control and Restriction of Billboards, Signs and Other Advertising Devices › Section 290-RICR-30-00-1.12 - Directional, Regulatory, Warning, and Agricultural Signs

Current through June 14, 2024
A. Directional, Regulatory and Warning Signs
							are not under the jurisdiction of these Rules and Regulations. The erection and
							maintenance of these types of signs will be referred to and are under the
							jurisdiction of the Department's Traffic Engineering Section, and are in
							conformance with the MUTCD, incorporated in §
										1.3     of this Part.
B. No rule or regulation of the Department of
							Transportation shall be enforced against any agricultural operation to prevent
							it from placing a seasonal directional sign or display on the state's
							right-of-way, on the condition that that sign or display conforms with the
							local zoning ordinance, and that sign or display is promptly removed by the
							agricultural operation upon the conclusion of the season for which said sign or
							display was placed, in accordance with R.I. Gen. Laws § 2-23.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 1 - Control and Restriction of Billboards, Signs and Other Advertising Devices › Section 290-RICR-30-00-1.13 - Reclassification of Signs

Current through June 14, 2024
The Department reserves the right to reclassify signs which
								are legally conforming that become legal non-conforming [and vice versa] due to
								revisions in the Federal Law, State Law, and/or Rules and Regulations, and/or
								change in business activity, and/or re-zoning by proper authority, and/or
								change in state-way configuration.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 2 - Rules and Regulations Regarding the Accessibility of Sidewalks For People Who Are Disabled (290-RICR-30-00-2) › Section 290-RICR-30-00-2.1 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws §
										42-13-1, which relate to Powers of the Director of the Department of Transportation, and in accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures, as amended.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 2 - Rules and Regulations Regarding the Accessibility of Sidewalks For People Who Are Disabled (290-RICR-30-00-2) › Section 290-RICR-30-00-2.2 - Purpose

Current through June 14, 2024
The purpose of these Rules and Regulations is to establish standards for the construction and maintenance of sidewalks and curbs which will make sidewalks abutting public highways more easily accessible to people who are disabled and in conformance with Title II of the Americans With Disabilities Act of 1990 (ADA) and its implementing regulations, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) ( 28 C.F.R. Part 36 ) Section 504 of the Rehabilitation Act of 1973, as applicable, the ADA Amendments Act of 2008 and the State Building Code (2010) by reference and only to the extent that the provisions therein are not inconsistent with these regulations. Nothing in these Regulations shall be construed to enlarge the responsibility of the State of Rhode Island regarding the construction and maintenance of sidewalks which is currently set forth in R.I. Gen. Laws Chapters 24-5 and 24-8.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 2 - Rules and Regulations Regarding the Accessibility of Sidewalks For People Who Are Disabled (290-RICR-30-00-2) › Section 290-RICR-30-00-2.3 - Incorporated Materials

Current through June 14, 2024
A. These regulations hereby adopt and incorporate the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG),  28 C.F.R. §
											36  (2017), by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.
B. These regulations hereby adopt and incorporate the Public Rights-of-Way Accessibility Guidelines (PROWAG) (2011) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 2 - Rules and Regulations Regarding the Accessibility of Sidewalks For People Who Are Disabled (290-RICR-30-00-2) › Section 290-RICR-30-00-2.4 - Accessibility Standards

Current through June 14, 2024
A. In addition to the specifications found in R.I. Gen. Laws Chapter 24-8, sidewalks and curbs hereinafter constructed or altered in a manner that affects their usability, shall conform to the Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) (28 C.F.R. §
											36, Appendix A) and the State Building Code.
B. Once constructed, said curbs and sidewalks shall be maintained to the maximum extent feasible by city or town in which they are located in a manner accessible and usable by people who are disabled, including removal of snow, ice or sand. This Section does not prohibit isolated or temporary interruptions in access due to maintenance or repair, provided that alternative pedestrian access is provided.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 2 - Rules and Regulations Regarding the Accessibility of Sidewalks For People Who Are Disabled (290-RICR-30-00-2) › Section 290-RICR-30-00-2.5 - Violations

Current through June 14, 2024
A complaint for violation of these Rules and Regulations may be filed with the Rhode Island Department of Transportation's ADA Coordinator in accordance with the ADA Complaint Procedure located on the RIDOT website at http://www.dot.state.ri.gov under the heading "Doing Business with Us", and the subheading of "Civil Rights".
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 3 - Control of Junkyards (290-RICR-30-00-3) › Section 290-RICR-30-00-3.1 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to the provisions of R.I. Gen. Laws Chapter 24-14 and  23 C.F.R. §
											751.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 3 - Control of Junkyards (290-RICR-30-00-3) › Section 290-RICR-30-00-3.2 - Purpose

Current through June 14, 2024
The purpose of these Rules and Regulations is to control the establishment, operation and maintenance of junkyards to all areas within 1,000 feet of the nearest edge of the right of way and visible from the main traveled way of the Interstate and Federal aid primary system of highways in the State of Rhode Island..
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 3 - Control of Junkyards (290-RICR-30-00-3) › Section 290-RICR-30-00-3.3 - Incorporated Materials

Current through June 14, 2024
A. These regulations hereby adopt and incorporate the American Nurserymen's Association "American Standard for Nursery Stock" (2014) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.
B. These regulations hereby adopt and incorporate the American Joint Committee on Horticultural Nomenclature "Standardized Plant Names" (1923) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 3 - Control of Junkyards (290-RICR-30-00-3) › Section 290-RICR-30-00-3.4 - Definitions

Current through June 14, 2024
A. For the purposes of these Rules and Regulations, the following terms shall have the following meaning:
1. "Department" means the Department of Transportation of the State of Rhode Island.
2. "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
3. "Junkyard" means establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile junkyard and the term shall include garbage dumps and sanitary fills.
a. "Automobile junkyard" means any establishment or place where one or more unserviceable, discarded, worn out or junked automobiles, or bodies, engines, tires, parts or accessories are gathered together.
b. "Illegal junkyard" means a junkyard which was established or is maintained in violation of the State law, Rules and Regulations, or local law or ordinance.
c. "Nonconforming junkyard" means a junkyard which was lawfully established, but which does not comply with the provisions of subsequent State law or regulations or which later fails to comply with law or regulations due to changed conditions.
4. "Main-traveled way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways or parking areas.
5. "Municipality" means a city or town in the State of Rhode Island.
6. "Primary system" means that portion of connected main highways, as officially designated, or as may hereafter be so designated by the Director of Transportation, and approved by the U.S. Secretary of Commerce, pursuant to the provisions of 23 U.S.C., Highways.
7. "Right-of-way" means the easement in or property acquired by the public through the Department of Transportation or its predecessors for the purposes of highway construction, safety rest areas, landscaping or any other purpose incidental to highway travel.
8. "Scrap Processing Facility" means any establishment having facilities for processing iron, steel, non- ferrous scrap, mineral wastes or slag, and whose principal produce is scrap iron, steel, or nonferrous scrap for sale for remelting purposes only.
9. "Screening" means the use of any vegetative planting, fencing, ornamental wall of masonry, or other architectural treatment, earthen embankment, or a combination of any of these which will effectively hide from view any deposit of junk from the main traveled way.10. "Visible" means capable of being seen without visual aid by a person of normal visual acuity.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 3 - Control of Junkyards (290-RICR-30-00-3) › Section 290-RICR-30-00-3.5 - Responsibility for Screening and Fencing

Current through June 14, 2024
A. Junkyards established subsequent to May 6, 1966, or if later, the date on which the highway became part of the Interstate or Federal-aid primary system of highways, and located in areas subject to control by the Act and as contained in this Part must provide for adequate screening located off the highway right-of-way and at the expense of the person owning the junkyard. Screening must be of a type approved by the Department. Those junkyards that cannot be adequately screened shall be relocated at owner's expense.
B. The owner or owners or any junkyard or scrap processing facility shall submit a plan drawn to scale indicating how screening is to be accomplished. Such plan shall show the construction details of the screening to be used. When fencing is used alone or in combination with plant material, the results shall provide immediate screening. When planting is used along or in combination with an earthen embankment, the number, type, size and spacing of the plants shall be capable of screening the junk entirely from view. The ability of the proposed plant material to accomplish this goal shall be judged by the Department.
C. The screening shall be located on the owner's land and not on any part of the highway right-of-way.
D. The screen shall be in place prior to the time the junk is deposited.
E. At no time after the screen is established shall the junk be stacked high enough to be visible above the screen. No junk shall be placed outside of the screened area.
F. Fences must be located in such a manner as to not be hazardous to the traveling public.
G. The construction of fences shall be uniform and no patchwork type of construction shall be permitted.
H. Fences shall be painted where the composition is such that painting is required. The paint used shall be of such color so as to blend into the environs of the highway right-of-way.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 3 - Control of Junkyards (290-RICR-30-00-3) › Section 290-RICR-30-00-3.6 - Acceptable Fencing Materials

Current through June 14, 2024
A. Subject to the approval of the Department, acceptable fencing shall include fences of steel or other metals, durable woods such as heart cypress, redwood, or other wood treated with a preservative, or walls of masonry. Some of the types acceptable are:
1. Chain link type with aluminum, steel, plastic, or wooden slat inserts so as to prevent visibility through the fence.
2. Wooden types of basket weave, palisade, louver, or other suitable design.
3. Walls of masonry including plain or ornamental concrete block, block, brick, stone, or other suitable masonry material.
4. Any other design of fencing constructed of other materials may be submitted for consideration.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 3 - Control of Junkyards (290-RICR-30-00-3) › Section 290-RICR-30-00-3.7 - Plant Material

Current through June 14, 2024
A. Plant materials indicated on the plans shall specify the botanical name of the plant materials used, the size at the time of planting, and the spacing between plants. All plant material shall be predominately evergreen and approved by the Department.
B. The requirements for grading, ball size, etc. for specific nursery stock used should be in accordance with the American Nurserymen's Association's "American Standard for Nursery Stock," incorporated above at §
										1.4(A)     of this Part.
C. Scientific and common names of plants shall be in conformity with the approved names in "Standardized Plant Names" prepared by the American Joint Committee on Horticultural Nomenclature, incorporated above at §
										1.4(B)     of this Part.
D. Certificates of inspection of plant materials required by federal, state or other authority including any Rhode Island Department of Environmental Management licenses shall be procured prior to planting.
E. The minimum size of plant material at the time of planting shall be as follows:
1. Shade trees: 1" - 1 1/2" caliper (Decidious)
2. Multi-stem trees: 4' - 5' in height (Hawthorn, crape myrtle, etc.) Evergreen trees: 4' - 5' in height (Pinus, magnolia, etc.)
3. Evergreen shrubs: 2 1/2' - 3' in height (including eleagnus, abelia, etc.)
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 3 - Control of Junkyards (290-RICR-30-00-3) › Section 290-RICR-30-00-3.8 - Maintenance

Current through June 14, 2024
The owner or owners of any junkyard shall maintain the screening established initially, doing such painting and repairs to keep any fences, walls or other structural material in good appearance. Plant material shall be watered, cultivated, or mulched, and given any required maintenance including spraying for insect control, to keep the planting in a good healthy condition. Dead plant material will be removed immediately and shall be replaced during the next spring or fall planting season following death. The replacement plants shall be at least as large as the initial planting.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 3 - Control of Junkyards (290-RICR-30-00-3) › Section 290-RICR-30-00-3.9 - Extension of Junkyards Screened by the Department

Current through June 14, 2024
The owner or owners of any junkyard lawfully in existence on May 6, 1966, and which has been screened from view of the highway by the Department may not extend the deposit of junk beyond such screening so as to be visible from the main traveled way of the highway. Any such extension shall be screened by owner at his own expense and such screening shall be subject to these rules and regulations. Piling of junk above planned height of screening established by the Department is prohibited.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 3 - Control of Junkyards (290-RICR-30-00-3) › Section 290-RICR-30-00-3.10 - Maintenance of Nonconforming Junkyards

Current through June 14, 2024
A. The right to continue a nonconforming junkyard is not confined to any one individual or corporation so using the land. Thus, a nonconforming junkyard may be sold, leased, or otherwise transferred without affecting its status.
B. The nonconforming junkyard may continue as long as it is not extended, enlarged, or changed in use. Once a junkyard has been made conforming, the placement of junk so that it may be seen above or beyond a screen, or otherwise becomes visible, shall be treated the same as the establishment of a new junkyard.
C. The right to maintain a nonconforming junkyard shall be terminated if, if it becomes abandoned, worthless or its location is changed.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 3 - Control of Junkyards (290-RICR-30-00-3) › Section 290-RICR-30-00-3.11 - Noncompliance

Current through June 14, 2024
A. The Department shall inspect all junkyards periodically to ensure that they are being operated in accordance with applicable rules and regulations pertaining to junkyard control, and shall require that fences or plant material be maintained in such a manner as to accomplish the objective of this Part. If the inspection discloses that the junkyard is being operated in violation of these rules and regulations, the owner shall be informed in writing, by registered mail, stating the violation and instructing him to make the necessary corrections with 30 days from the date of the letter.
B. If the owner fails to take corrective action within 30 days, copies of all pertinent information will be submitted to the Department's Office of Legal Counsel with the request that they make application to the Superior Court for an injunction to abate the nuisance.
C. Failure to comply with this Part will result in the penalties prescribed in R.I. Gen. Laws §
										24-14-9.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing Pothole Claims (290-RICR-30-00-4) › Section 290-RICR-30-00-4.1 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws §§
										42-13-1(b)  and  24-8-35, and in accordance with the Administrative Procedures Act, R.I. Gen. Laws §
										42-35-1 et seq.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing Pothole Claims (290-RICR-30-00-4) › Section 290-RICR-30-00-4.2 - Purpose

Current through June 14, 2024
The purpose of these Rules and Regulations is to establish a procedure which allows recovery for damage incurred to motor vehicles by reason of a pothole on any state highway, causeway, or bridge, up to and not exceeding the sum of three hundred dollars ($300.00).
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing Pothole Claims (290-RICR-30-00-4) › Section 290-RICR-30-00-4.3 - Definitions

Current through June 14, 2024
A. For the purposes of these Rules and Regulations, the following terms shall have the following meaning:
1. "Claim" means written request for compensation for damage incurred to a motor vehicle caused by a pothole, up to and not exceeding the sum of three hundred dollars ($300.00), as defined in R.I. Gen. Laws §
											24-8-35.
2. "Department" means the Department of Transportation through its Highway and Bridge Maintenance Division.
3. "Final Agency Decision" means the decision of the Director of the Rhode Island Department of Transportation, as indicated by the Highway and Bridge Maintenance Division notice of approval or denial of claim.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing Pothole Claims (290-RICR-30-00-4) › Section 290-RICR-30-00-4.4 - Procedure for Filing a Pothole Claim

Current through June 14, 2024
A. Claims must be submitted to:
Department of Transportation Highway and Bridge Maintenance Attn: Pothole Claims, 360 Lincoln Avenue, Warwick, RI 02888
B. Claims must be submitted by the registered owner and post marked or received within seven (7) days from the date on which the damage was incurred.
C. Claimant must furnish the following documentation:
1. Description of the exact, verifiable location of the pothole encountered (closest pole or street address, direction of travel, lane identification, etc.); and
2. Date and time damages incurred; name, address, and telephone number of all witnesses; and
3. If the motor vehicle is registered in another state, a copy of a statute in the state of registry, comparable to R.I. Gen. Laws §
											24-8-35, which affords similar protection to persons owning motor vehicles registered in Rhode Island; and
4. Copy of police report, police complaint, tow report, auto club report, or equivalent documentation; and
5. Copy of the motor vehicle registration, and in the case of a leased vehicle, a copy of the vehicle lease or insurance certificate documenting the contractual relationship between the claimant and registered owner; and
6. Copies of itemized receipts and proof of payment for repairs or replacement with current odometer reading noted.
7. All documentation noted in items 3 - 6 must be submitted within sixty (60) days from the date on which the damage was incurred.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing Pothole Claims (290-RICR-30-00-4) › Section 290-RICR-30-00-4.5 - Evaluation of Claims

Current through June 14, 2024
A. The Department is responsible for evaluating claims according to the following criteria:
1. The claim must be postmarked or received within seven (7) days from the date on which the damage was incurred, and all documentation noted in §
											4.4(C)     of this Part must be submitted within sixty (60) days from the date on which the damage was incurred; and
2. The existence of a pothole at the location described must be verified by the Department; and
3. Responsibility for the existence of the pothole must be fixed solely and exclusively on the Department and not another agency or private party; and
4. The pothole must be reasonably construed as the sole and proximate cause of the damage; and
5. Damage to a motor vehicle registered in another state will not be considered unless the state of registry has a statute affording similar protection to persons owning motor vehicles registered in Rhode Island.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing Pothole Claims (290-RICR-30-00-4) › Section 290-RICR-30-00-4.6 - Processing Claims

Current through June 14, 2024
A. The Department will deny any claim not meeting the criteria described in §
										4.5     of this Part.
B. The Department will review the merits of the claim and if approved, assess damages based upon actual paid receipts for repair or replacement, adjusted for depreciation.
C. The Department will issue a Final Agency Decision, approving or denying the claim; if approved, the claimant will receive a General Release, Affidavit and a W-9/IRS for completion.
D. Throughout the processing of a claim, the claimant has the responsibility to respond in a timely manner to requests for information or documentation. Failure of a claimant to provide such information or documentation within the time frame specified may result in closure of the claim file without further notice to the claimant.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 5 - Practice and Procedure Relative to Contesting Unjust Administrative Actions Against Individuals and Small Businesses (290-RICR-30-00-05) › Section 290-RICR-30-00-5.1 - Authority

Current through June 14, 2024
The Part herein contained are promulgated pursuant to R.I. Gen. Laws §
										42-92-4.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 5 - Practice and Procedure Relative to Contesting Unjust Administrative Actions Against Individuals and Small Businesses (290-RICR-30-00-05) › Section 290-RICR-30-00-5.2 - Purpose

Current through June 14, 2024
To describe the process for individuals and small businesses to seek be reimbursed for a successful contestation against RIDOT administrative actions that they believe to be unfair or unjust.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 5 - Practice and Procedure Relative to Contesting Unjust Administrative Actions Against Individuals and Small Businesses (290-RICR-30-00-05) › Section 290-RICR-30-00-5.3 - Definitions

Current through June 14, 2024
A. For the purposes of this Part, the following terms shall have the following meaning:
1. "Adjudicative officer" means the presiding officer or deciding official who presides at the adversary adjudication.
2. "Adjudicatory proceeding" means any proceeding conducted by or on behalf of the Department, whether administratively or quasi-judicially, which may result in the loss of benefits, the imposition of a fine, the denial, suspension or revocation of a license, or permit, or which may result in the compulsion or restrictions of the activities of a party.
3. "Department" means the Department of Transportation, including any board, commission, or officer of the Department authorized by law to make rules or to determine contested cases; to bring any action at law or in equity.
4. "Party" means any individual whose net worth is less than five hundred thousand dollars ($500,000) at the time the Adjudicatory proceeding was first initiated; and, any individual, partnership, corporation, association, or private organization doing business and located in the state, which is independently owned and operated, not dominant in its field, and which employ one hundred (100) or fewer persons at the time the Adjudicatory proceeding was initiated.
5. "Reasonable Litigation Expenses" means those expenses which were reasonably incurred by a party in Adjudicatory proceedings, including but not limited to, attorney's fees, witness fees of all necessary witnesses, and other such costs and expenses as were reasonably incurred, except that:
a. The award of attorney's fees may not exceed one hundred fifty dollars ($150.00) per hour;
b. No expert witness may be compensated at a rate in excess of the highest rate or compensation for experts paid by this state; and
6. "Substantially Justified" means that the initial position of the Department, as well as the Department's position in the proceeding, has a reasonable basis in law and fact.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 5 - Practice and Procedure Relative to Contesting Unjust Administrative Actions Against Individuals and Small Businesses (290-RICR-30-00-05) › Section 290-RICR-30-00-5.4 - Procedures Governing Applications for Awards of Litigation Expense

Current through June 14, 2024
A. Any eligible party who intends to file a claim for an award of reasonable litigation expenses if it prevails, shall notify the director of the Department conducting the Adjudicatory proceeding by certified mail, within thirty (30) days after the date the proceeding is concluded.
B. All claims for an award of reasonable litigation expenses shall be made on an application form to be supplied by the Department rendering the decision or order, and shall be filed with the Department within thirty (30) days of the conclusion of the Adjudicatory proceeding which gives rise to the right to recover such an award. The proceeding shall be deemed to be concluded when the agency or Adjudicative officer renders a ruling or decision.
1. Eligible parties must provide:
a. Their name;
b. Address;
c. Name and address of their attorney;
d. Summary of their claim (legal basis for claim);
e. List of witnesses applicant expects to call to substantiate claim;
f. List in detail litigation expenses incurred by applicant in the Adjudicatory proceedings and attached all relevant bills, invoices, affidavits and other documents necessary to substantiate application; and
g. Notarized signature.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 5 - Practice and Procedure Relative to Contesting Unjust Administrative Actions Against Individuals and Small Businesses (290-RICR-30-00-05) › Section 290-RICR-30-00-5.5 - Allowance of Awards

Current through June 14, 2024
A. Whenever a party which has provided the Department with timely notice of the intention to seek an award of litigation expenses as provided in these rules, prevails in contesting an agency action, and the Adjudicative officer finds that the Department was not Substantially justified in:
1. The actions leading to the proceedings; and
2. In the proceeding itself: an award shall be made of reasonable litigation expenses
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 5 - Practice and Procedure Relative to Contesting Unjust Administrative Actions Against Individuals and Small Businesses (290-RICR-30-00-05) › Section 290-RICR-30-00-5.6 - Disallowance of Awards

Current through June 14, 2024
A. No award of fees or expenses may be made if the Adjudicative officer finds that the agency was Substantially justified in the actions leading to the proceeding and in the proceeding itself.
B. The adjudicative officer may, at his or her discretion, deny fees or expenses if special circumstances made an award unjust.
C. Notice of the decision disallowing an application for an award of fees and expenses shall be sent to the party by the agency via regular mail, provided however, that if the party is represented by an attorney said notice shall be sent by regular mail to the attorney of record.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 5 - Practice and Procedure Relative to Contesting Unjust Administrative Actions Against Individuals and Small Businesses (290-RICR-30-00-05) › Section 290-RICR-30-00-5.7 - Appeals

Current through June 14, 2024
Any party aggrieved by the decision to award reasonable litigation expenses may bring an appeal to the court having jurisdiction to review the merits of the underlying decision of the agency adversary adjudication in the manner provided by the Administrative Procedures Act, R.I. Gen. Laws §
										42-35-15.
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 6 - Access to The Public Records of the Rhode Island Department of Transportation (290-RICR-30-00-6) › Section 290-RICR-30-00-6.1 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws §
										38-2-3(d).
Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 30 - Business, Property Owners, and the Public › Subchapter 00 - N/A › Part 6 - Access to The Public Records of the Rhode Island Department of Transportation (290-RICR-30-00-6) › Section 290-RICR-30-00-6.2 - Purpose

Current through June 14, 2024
A. The purpose of this regulation is to set forth procedures applicable to the Access to Public Records, R.I. Gen. Laws Chapter 38-2, maintained by the Department of Transportation.
B. To facilitate open and transparent government at the Department, while balancing privacy rights of the public, employees and vendors of the State.
C. To recognize the public's right to access public records while balancing an individual's right to dignity and privacy.