Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Open Space Recreational Greenways Recreational Bikeways 1998 Bond Authorization (250-RICR-110-00-3) › Section 250-RICR-110-00-3.5 - 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 use as set forth in the
				  Farmland Preservation Act, R.I. Gen. Laws Chapter 42-82.
3. "Bike path" means the route or
				  right-of-way area, designed for multiple use of non-motorized bicycles, in-line
				  skates, jogging, walking and, in specialized areas; equestrians.
4. "Bikeway" means a linear, durably surfaced
				  pathway, designed and constructed to safely accommodate usage by bicyclists and
				  pedestrians for the purpose of recreational enjoyment and/or travel within or
				  between communities. Bikeways must be principally separate, off-road
				  facilities, and must connect destinations including public parks and open space
				  areas, municipal and business centers, schools and other public facilities
				  and/or regional or local bikeways. Bikeway, as defined herein includes "bicycle
				  trails or paths" as defined in R.I. Gen. Laws §
											31-1-23, but also includes
				  facilities designated to accommodate compatible uses other than bicycles.
				  Bikeways must prohibit motorized vehicle usage except by authorized public
				  safety or maintenance vehicles.
5.
				  "DEM, Division of Planning and Development" means a division of the Rhode
				  Island Department of Environmental Management that is authorized to administer
				  the 1998 Bond Authorization.
6.
				  "Department of Environmental Management" means a department of the state
				  government as described in the R.I. General Laws.
7. "Development rights purchase" means the
				  acquisition of the development rights as defined in R.I. Gen. Laws §
											42-82-2 sufficient to insure
				  preservation of the property in an undeveloped state in perpetuity.
8. "Director" means the Director of the Rhode
				  Island Department of Environmental Management.
9. "Environmental non-profit agency" means a
				  group or organization whose primary purpose is the protection and conservation
				  of natural resources and is formed pursuant to R.I. Gen. Laws §
											7-6-1 et. seq. or which otherwise
				  qualifies as a tax exempt public charity under §510(c)(3) of the Internal
				  Revenue Code.
10. "Greenway" means
				  corridor of protected open space managed for conservation, recreation and/or
				  transportation purposes.
11.
				  "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.
12. "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.
13. "Greenways master plan" means a plan
				  adopted by the governing body of an eligible applicant that specifies a vision,
				  goals, policies, actions and priorities for creation and maintenance of a
				  greenway or greenway system to be developed, operated and maintained by the
				  applicant. Greenways Master Plans must include sufficient detail to establish
				  the general feasibility of, delineate specific projects or phases, and identify
				  funding and priorities for creation of a greenway or greenways system. Open
				  Space and Recreation Elements of an adopted Local Comprehensive Plan containing
				  such detail may be submitted by a municipal applicant as its greenways master
				  plan.
14. "Land and protection
				  plan" means the plan adopted in 1996 by DEM entitled "Protecting Our Land
				  Resources", to guide the department's land acquisition and protection
				  activities.
15. "Land trust" means
				  an 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 §501(c)(3) of the Internal Revenue Code and its
				  regulations, as they now exist or may hereafter be amended.
16. "Local bikeway" means a bikeway as
				  defined herein that is constructed, owned and operated by state or municipal
				  agencies and/or a non-profit groups which is open to the public and is
				  consistent with the State Greenspace and Greenways Plan, and that is
				  principally designed to:
a. Connect public
				  parks and greenspace areas to municipal and business centers, schools and other
				  public facilities, or otherwise accommodate recreational travel demands,
				  generally within a single municipality, watershed or similar sub-state area,
b. Serve as a collector or feeder
				  to a regional bikeway corridor designated in the State Greenspace and Greenways
				  Plan;
c. Accommodate bicycle and
				  pedestrian circulation needs within a single park or greenspace area managed
				  for public recreational use and enjoyment.
17. "Local comprehensive plan" means the plan
				  adopted by each municipal agency and approved pursuant to R.I. Gen. Laws
				  Chapter 45-22.2 specifying the future development of a community.
18. "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.
19. "Natural value" means
				  those geologic, hydrologic and biotic elements that occur in the state without
				  human introduction.
20.
				  "Recreational greenway" means a greenway as defined herein, that is managed
				  principally for public recreational use and enjoyment, but that also provides
				  transportation, conservation, agricultural preservation or other functions as
				  subsidiary benefits. Recreational greenways, include but are not limited to,
				  land, water, and associated facilities (trails, river ways, walkway or paths,
				  signage, etc.) providing a continuous corridor connecting parks, recreational
				  sites, and other destinations within or between communities.
21. "Rhode Island Greenways Council" means
				  the council as created by R.I. Gen. Laws §
											42-125-5.
22. "Scenic value" means aesthetically
				  appealing landscapes or views composed of natural and/or cultural features.
23. "SCORP" means the State
				  Comprehensive Outdoor Recreation Plan adopted as element 152 of the State Guide
				  Plan by the State Planning Council.
24. "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.
25. "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.
26. "Trail" means a thoroughfare or track
				  across land, used for recreational purposes such as walking, hiking, skating,
				  equestrian activities and bicycling.
27. "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 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.