Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 5 - Rules and Regulations Governing the Preservation and Protection of State Open Space (250-RICR-110-00-5) › Section 250-RICR-110-00-5.5 - Definitions

Current through June 14, 2024
A. For the purposes of these Rules, the
				  following terms shall have the following meanings:
1. "Act" means the Preservation of State Open
				  Space Act as set forth in the R.I. Gen. Laws Chapter 42-17.9.
2. "Action" means the sale, lease for a
				  period greater than one year, transfer, conveyance, change in-use, or amendment
				  of interest in State-owned property.
3. "Agency" means any department, division,
				  unit, bureau, board, commission, council, committee, institution, or other
				  entity established by the State of Rhode Island not specifically exempted from
				  the provisions of R.I. Gen. Laws Chapters 37-6 and 37-7.
4. "Application" means an Agency's
				  application to sell, lease, transfer, convey, implement a change-in-use, and/or
				  amend an interest in State-owned property.
5. "Chair" means the Chair of the State of
				  Rhode Island State Properties Committee.
6. "Change-in-use" or "change-of-use" means
				  any change in the use, purpose, or level of activity on any parcel of property
				  or portion thereof.
7. "Committee"
				  means The State of Rhode Island State Properties Committee.
8. "Department" means the State of Rhode
				  Island Department of Environmental Management or DEM. When used in the context
				  of an action, authorization or application, it shall mean the agent of the
				  Department duly authorized by the Director to take such action, grant such
				  authorization or recommend such application for approval.
9. "Director" means the Director of the Rhode
				  Island Department of Environmental Management.
10. "Division" means the State of Rhode
				  Island, Department of Administration, Division of Planning.
11. "Open space" means undeveloped or
				  partially developed real property owned by an Agency of the State of Rhode
				  Island that includes, but is not limited to, the following: conservation land,
				  forested land, wetlands, recreation land, management areas, agricultural land,
				  critical habitat, recreational areas, and corridor parks. Such lands may
				  include amenities such as small parks, green buffers along roadways, or any
				  open area that is owned by an Agency. While many parcels are specifically
				  designated as open space, open space may also refer to undesignated,
				  undeveloped land with particular conservation or recreation interest.
12. "Open space" or "natural resource values"
				  means the state's interest in open space values shall mean interests
				  established by law or by investment of public resources and shall include the
				  natural resource, recreational, scenic, habitat and ecological, water supply,
				  agricultural, soil conservation, and forestry values of lands, wetlands, and
				  waters, acquired, preserved, conserved, and/or protected under the provisions
				  of law.
13. "Person" means any
				  individual; corporation; partnership; public utility; nonprofit organization;
				  trust; unincorporated association; federal, state, county or local government,
				  or any agency or subdivision thereof; or any other entity; or any combination
				  of the foregoing.
14. "Property"
				  means State-owned real estate.
15.
				  "R.I. Gen. Laws" means the Rhode Island General Laws of 1956, as amended from
				  time to time.
16. "Rules" means
				  these Rules and Regulations Governing the Preservation and Protection of State
				  Open Space, which govern the administration and enforcement of the Act. Unless
				  otherwise expressly stated, any reference herein to the Rules incorporates the
				  relevant provisions of the Act.