reglab/statecodes huggingface dataset:
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-110-00-3.26 - Management/Maintenance Agreement

Current through June 14, 2024
Each applicant must submit with the application a signed
					 maintenance and management agreement stating the applicant's ability to manage
					 and maintain the improved/acquired property. The city/town council where said
					 project is located must approve the project and maintenance / management
					 agreement by resolution guaranteeing future maintenance/ management of the
					 facility.
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-110-00-3.27 - Restrictive Covenants

Current through June 14, 2024
Grants will only be awarded upon receipt of the recipient's
					 certification, signed by its authorized agent, that it will maintain any
					 property acquired with grant funds in the condition and for the purpose
					 specified in its approved grant application, and that it will do so in
					 perpetuity. Each recipient shall execute a conservation easement, or similar
					 document, running in favor of the State of Rhode Island and such certification
					 shall further provide that if the recipient at any time fails in its obligation
					 to properly maintain the property developed in accordance with the purposes and
					 functions for which it was developed, the State of Rhode Island may enforce the
					 grant conditions in equity or, at its discretion, may assume title, custody and
					 control to protect its interest. It shall be an explicit condition of the
					 receipt of a grant for a local bikeway or recreational greenway development
					 grant that an approved maintenance and operations plan be submitted and
					 approved by the Greenways Council and Director.
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-110-00-3.28 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 4 - Rules and Regulations for the Rhode Island Natural Heritage Preservation Commission (250-RICR-110-00-4) › Section 250-RICR-110-00-4.1 - Purpose

Current through June 14, 2024
These Rules and Regulations as amended, establish the
					 operating procedures for the Natural Heritage Preservation Commission, the
					 Rhode Island Natural Heritage Commission Advisory Committee, and the Rhode
					 Island Department of Environmental Management for administering the Rhode
					 Island Open Space Grants and the Natural Heritage Preservation Revolving Loan
					 Fund, the purpose of which are to preserve, protect and make available for
					 public use important open space and natural land throughout the
					 state.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 4 - Rules and Regulations for the Rhode Island Natural Heritage Preservation Commission (250-RICR-110-00-4) › Section 250-RICR-110-00-4.2 - Authority

Current through June 14, 2024
These rules and regulations as amended are promulgated
					 pursuant to R.I. Gen. Laws §
										42-17.5-5(c), and
					 in accordance with the procedures set forth in the R.I. Administrative
					 Procedures Act, R.I. Gen. Laws Chapter 42-35 in order to disperse funds
					 allocated pursuant to Public Laws 142, 2016, Article 4, including but not
					 limited to the "2016 Green Economy" which authorizes the Department of
					 Environmental Management to administer Thirty Five Million Dollars
					 $35,000,000.00 in state bond funds and any similar funds that may be allocated
					 by the General Assembly subsequent thereto.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 4 - Rules and Regulations for the Rhode Island Natural Heritage Preservation Commission (250-RICR-110-00-4) › Section 250-RICR-110-00-4.4 - Allocation of Funds

Current through June 14, 2024
A. Grant Funding
				  Allocation: The Department shall schedule the number, frequency and duration of
				  grant funding rounds consistent with the "State Capital Budget Plan." The
				  Department may establish a maximum per project funding level for any given
				  grant round.
B. Loan Funding
				  Allocation: The Department may set the maximum amount of funds available for
				  loan during each calendar year from the revolving loan funds.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 4 - Rules and Regulations for the Rhode Island Natural Heritage Preservation Commission (250-RICR-110-00-4) › Section 250-RICR-110-00-4.5 - Eligible Applicants

Current through June 14, 2024
Land trusts, conservation commissions, watershed councils,
					 municipal agencies, environmental nonprofit agencies, and Native American
					 tribes, as defined in §
										4.3 of this Part may apply
					 for land acquisition funding. The Rhode Island Department of Environmental
					 Management shall be responsible for determining eligibility status to
					 participate.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 4 - Rules and Regulations for the Rhode Island Natural Heritage Preservation Commission (250-RICR-110-00-4) › Section 250-RICR-110-00-4.6 - Eligible Property

Current through June 14, 2024
A. In order to be
				  eligible for funding, a property must not be currently publicly held or in
				  conservation use.
B. If an
				  applicant is requesting grant funding that will include costs incurred after
				  the announcement of a grant round, but prior to a grant award, the applicant
				  must submit a "Waiver of Retroactivity" request to the Director to be 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 incurred 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.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 4 - Rules and Regulations for the Rhode Island Natural Heritage Preservation Commission (250-RICR-110-00-4) › Section 250-RICR-110-00-4.7 - Meetings

Current through June 14, 2024
A. Open Meetings: All Commission and Advisory
				  Committee meetings and records shall be conducted in compliance with the Open
				  Meetings Law (R.I. Gen. Laws Chapter 42-46) and the Access to Public Records
				  Act (R.I. Gen. Laws Chapter 36-1).
B. Chairperson: The Advisory Committee shall
				  elect a Chairperson at the first scheduled meeting of each calendar year.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 4 - Rules and Regulations for the Rhode Island Natural Heritage Preservation Commission (250-RICR-110-00-4) › Section 250-RICR-110-00-4.8 - Application Procedures

Current through June 14, 2024
A. Availability of
				  Application Forms: Application forms shall be available for download on the
				  Department's website and paper copies shall be available upon request to the
				  Department.
B. Filing of
				  Applications: Applications shall be filed with the Department in a manner
				  specified on the application form.
C. Application Submission:
1. Grant Applications: Applications for Open
				  Space Grant Awards must be filed within the prescribed period established by
				  the Department.
2. Loan
				  Applications: Loan applications may be submitted at any time throughout the
				  year. The Commission will meet as needed to consider loan
				  applications.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 4 - Rules and Regulations for the Rhode Island Natural Heritage Preservation Commission (250-RICR-110-00-4) › Section 250-RICR-110-00-4.9 - Application Review/Awards

Current through June 14, 2024
A. Grant
				  Application Review: After the application deadline, the Advisory Committee
				  shall have ninety (90) days to evaluate the applications according to the
				  scoring criteria and shall submit a ranked list of recommended projects to the
				  Commission. The Commission will review the recommendations and award grants
				  within thirty (30) days.
B. Loan
				  Application Review: Following the receipt of an application, the Advisory
				  Committee shall have forty-five (45) days to make its recommendation to the
				  Commission. The Commission shall act on all applications in a timely manner and
				  in no case shall the Commission take more than fifty (50) days after the
				  submission date to inform an applicant of its decision.
C. Evaluation: The Commission shall develop
				  scoring criteria to evaluate and award applications. The scoring criteria shall
				  include, but not be limited to, consideration of habitat and resource
				  protection. These scoring criteria shall be available for download on the
				  Department's website.
D. Notice:
				  notice of an award shall be by mail or via email.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 4 - Rules and Regulations for the Rhode Island Natural Heritage Preservation Commission (250-RICR-110-00-4) › Section 250-RICR-110-00-4.10 - Fund Terms

Current through June 14, 2024
A. Grant Terms and
				  Conditions: The notice of an award will set forth all grant terms, schedules,
				  and conditions.
B. Loan Terms: In
				  addition to any other limitations which may be imposed:
1. No loan shall exceed ninety (90) percent
				  of the purchase price to be paid for the subject property.
2. No loan shall exceed seventy-five (75)
				  percent of the appraised value of the subject property.
3. Each loan agreement shall specify a
				  maximum five (5) year term within which the full amount of the loan shall be
				  repaid, shall require payments on a quarterly basis, and shall set forth the
				  amounts of each periodic payment. The Natural Commission may alter the
				  repayment terms of the loan in emergency situations.
4. As security for said repayment
				  obligations, the applicant shall execute a "Promissory Note" for the subject
				  property to the Natural Heritage Preservation Commission and to the State of
				  Rhode Island. The applicant will also be responsible for providing a title
				  insurance policy in the amount of the loan. The Natural Heritage Preservation
				  Commission and/or the State of Rhode Island shall have under said "Promissory
				  Note" the right to foreclose upon said property and to sell it to any person
				  and on any terms, which it may, in its discretion, choose. The failure to make
				  periodic payments in a timely manner or to maintain the property in accordance
				  with the management plan shall, at the option of the Commission, make the full
				  balance of the loan immediately due and payable.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 4 - Rules and Regulations for the Rhode Island Natural Heritage Preservation Commission (250-RICR-110-00-4) › Section 250-RICR-110-00-4.11 - Required Documentation

Current through June 14, 2024
A. Prior to
				  disbursement of any monies, the Commission shall require the following:
1. Appraisal: A fair market appraisal of the
				  value of the property conducted by a certified real estate appraiser.
2. Survey: A Class 1 property boundary survey
				  to the Department's specifications and conducted by a registered
				  surveyor.
3. Title Policy: Clear
				  title must be established via a title commitment and insured via a Title
				  Insurance Policy for the property. The Title Insurance Policy shall name the
				  applicant and the Department as insureds on the policy.
4. Management Plan: An approved management
				  plan that sets forth such procedures and requirements as are necessary to
				  preserve the open, natural, scenic, agricultural, and ecological values of the
				  property while providing such passive public recreational usage as is
				  consistent with such preservation. More specifically, the plan shall specify
				  the conditions under which public access and passive public recreational usage
				  of the property is to be allowed and controlled. The plan shall be periodically
				  reviewed and amended to reflect changing circumstances and/or new opportunities
				  for preservation, access and/or recreational use. All amendments are subject to
				  the review and approval of the Department.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 4 - Rules and Regulations for the Rhode Island Natural Heritage Preservation Commission (250-RICR-110-00-4) › Section 250-RICR-110-00-4.12 - Perpetual Conservation Easements and Enforcement

Current through June 14, 2024
Property acquired with grant or loan funds must be
					 maintained and managed in the condition and for the purpose specified in its
					 application in perpetuity. Each recipient shall execute a conservation
					 easement, as defined in R.I. Gen. Laws §
										34-39-2(A), or
					 similar document, running in favor of the State of Rhode Island. Said
					 Conservation Easement shall include a provision that if the recipient at any
					 time fails in its obligation to properly maintain the property in accordance
					 with the purposes and functions for which it was acquired and in conformance
					 with the approved management plan, the State of Rhode Island may enforce the
					 grant or loan conditions in equity or, at its discretion, may assume title,
					 custody and control to protect its interest.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 4 - Rules and Regulations for the Rhode Island Natural Heritage Preservation Commission (250-RICR-110-00-4) › Section 250-RICR-110-00-4.13 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected thereby.
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-110-00-5.1 - Authority

Current through June 14, 2024
Pursuant to R.I. Gen. Laws Chapter 42-17.9, the
					 preservation of open space and the protection of natural resources are a
					 fundamental interest of the state and an essential function of State
					 government. The within "Rules and Regulations Governing the Preservation and
					 Protection of State Open Space" (hereinafter the "Rules") have been promulgated
					 specifically to address the policy goals established by the
					 Act.
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-110-00-5.2 - Purpose

Current through June 14, 2024
The purpose of these Rules is to set standards and
					 guidelines for evaluating actions that would convey or amend state interests or
					 constitute changes in use of State-owned and managed property requiring the
					 approval of the department of administration or the state properties committee
					 in order to preserve and protect the state's interest in open space values and
					 to prevent a net loss of open space values. The Rules shall not operate as
					 standalone provisions and are formally triggered by open space provisions
					 contained with the Rules and Regulations of the State Properties
					 Committee.
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-110-00-5.3 - Applicability

Current through June 14, 2024
The Rules and associated standards, guidelines, and
					 evaluation criteria shall be imposed upon any state agency proposing a sale,
					 lease, transfer, conveyance, change-in-use, and/or amendment of interest in
					 State-owned property that would result in an impact to open space or natural
					 resource values and shall be applicable to the such actions subject to the
					 provisions of R.I. Gen. Laws Chapters 37-6 and 37-7 (Public Property and Works
					 "Acquisition of Land" and "Management and Disposal of Property," respectively).
					 Said Rules shall not be deemed either to abridge, impair, or restrict, the
					 planning, management, or regulatory authority of State departments and agencies
					 with responsibility for conserving, preserving, protecting, using, managing and
					 enhancing natural resources under the jurisdiction of such departments and
					 agencies or to contravene location or use decisions specifically provided for
					 in statute or approved by referendum.
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-110-00-5.4 - Limitation

Current through June 14, 2024
The Rules shall apply only to properties or portions of
					 properties where the state is the sole property owner, or the state through a
					 grant, lease-hold, or other legal instrument has the functional equivalent of
					 ownership and the state controls the use of the property.
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-110-00-5.6 - Determination of Open Space Values

Current through June 14, 2024
A. Application and
				  Notice.
1. In conformance with the Rules as
				  well as the Rules and Regulations of the State Properties Committee, the
				  Department shall complete its review of properly filed Applications and
				  subsequently issue its recommendations thereon.
2. The Agency Application, as filed, shall be
				  a matter of record and shall be considered by the Department in formulating its
				  recommendation to the Committee.
3.
				  Upon its own election, or upon the request of an interested party, the
				  Department may make a request to the Committee to allow for an extended review
				  and comment period as may be necessary.
4. The Director shall establish a mailing
				  list of all interested persons, groups, and agencies who may wish to be
				  notified of all such Applications. The Director shall solicit all interested
				  persons to be included in the mailing list and shall provide for optional
				  notice via electronic mail.
5. The
				  Notice of Application shall include, but shall not be limited to, the name of
				  the Agency seeking permission to sell, lease, transfer, or convey the Property,
				  the future proposed use(s) for said lands, a property description of the
				  Property, and the date upon which the fifteen (15) day comment period shall
				  end.
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-110-00-5.7 - Periodic Review

Current through June 14, 2024
Said Rules shall be reviewed by the Department at least
					 once every five (5) years and shall either be amended or affirmed by the
					 Department as appropriate.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.1 - Authority

Current through June 14, 2024
As authorized by the Safe, Accountable, Flexible, Efficient
					 Transportation Equity Act: A Legacy for Users ("SAFETEA-LU") and the
					 Transportation Equity Act for the 21st Century ("TEA-21"). Pursuant to a
					 cooperative agreement between the Rhode Island Department of Environmental
					 Management ("DEM") and the Rhode Island Department of Transportation ("DOT"),
					 as amended, that established DEM as the Agency to administer the program in
					 accordance with R.I. Gen. Laws §§
										42-17.1-1 and 42-35 et
					 seq.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.2 - Purpose

Current through June 14, 2024
The purpose of these rules is to establish the operating
					 procedures of administering the Recreational Trails Program ("RTP"). The RTP is
					 authorized through its enabling legislation to encourage the development and
					 maintenance of recreational trails through the distribution of grants to
					 eligible entities as established in §6.8.1 of this Part, (250-RICR-
					 110-00-6).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.3 - Trails Advisory Committee

Current through June 14, 2024
A. There shall be
				  established a Trails Advisory Committee, or "Committee" to advise and assist
				  the DEM in matters related to trail based recreation in Rhode Island. Agencies,
				  organizations, and individuals having a role or interest in the planning,
				  development, use, and maintenance of trails and trail facilities are eligible
				  for membership on the Committee.
B.
				  The Committee shall consist of no less than 5 nor more than 25 members selected
				  to represent constituent groups concerned with trail based outdoor
				  recreation.
C. Committee members
				  shall be appointed by the Director of the Rhode Island Department of
				  Environmental Management ("Director"). Eligible organizations or individuals
				  may register their interest in membership, in writing, with the Director;
				  organizations may nominate individuals for appointment. The Director may
				  appoint those nominated provided there are vacancies on the
				  Committee.
D. Appointment terms
				  shall not exceed five (5) years although members may succeed themselves and
				  serve consecutive terms. The Director, at his/her discretion, may replace
				  Committee members who have missed three (3) consecutive meetings, provided that
				  the member is notified in writing.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.4 - Officers

Current through June 14, 2024
There shall be officers of the Committee as follows: the
					 Chairperson of the Committee shall be the Chief of the DEM Division of Planning
					 and Development or his/her designee. The Chairperson may elect a designee to
					 appear and vote at Committee meetings on his/her behalf. There shall be a
					 Vice-Chairperson appointed by the Chair at the first regular meeting of each
					 calendar year.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.5 - Trail Advisory Committee Duties

Current through June 14, 2024
Duties of the Committee shall be to advise the DEM on the
					 distribution and administration of recreational trail grants as well as other
					 trail issues including supply and demand, trail safety, and trail user
					 education and safety needs.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.6 - Meetings

Current through June 14, 2024
A. All Committee meetings and records will be
				  consistent with the Open Meetings Act (R.I. Gen. Laws §
										42-46-1 et seq.) and the Access to
				  Public Records Act (R.I. Gen. Laws §38-1 et seq.).
B. The Committee shall establish a schedule
				  for meetings at the beginning of each calendar year. The Committee shall meet
				  at least once per year. The Chairperson may call special meetings or cancel
				  regular meetings at any time by notifying members as soon as is reasonably
				  possible and in accordance with the Open Meetings Act.
C. Appointed members shall be eligible to
				  vote on issues related to the distribution of recreational trail grant funds.
				  All votes held at meetings shall be decided by a majority vote of Committee
				  members present. A quorum shall consist of no less than fifty one percent (51%)
				  of Committee members.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.7 - Allocation of Funds

Current through June 14, 2024
A. The Committee
				  may, by majority vote, create project categories and allocate funding available
				  in grants to these project categories. The Committee may adjust allocations
				  between categories at any time, by majority vote, at a regularly scheduled
				  meeting.
B. The Committee may
				  establish the minimum and maximum amounts of funding to be awarded to an
				  applicant or project within any funding period or for any project
				  category.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.8 - Recreational Trail Grants

Current through June 14, 2024
6.8.1
Eligibility
Eligible applicants are state and municipal government
					 agencies, organizations incorporated pursuant to R.I. Gen. Laws §
											7-6-1, et seq., organizations
					 meeting the definition of charitable trust as defined in R.I. Gen. Laws §
											18-9-4, or organizations duly
					 existing as a non-profit organization among whose purpose is the preservation
					 and development of recreational trails. All non-profit organizations must have
					 been granted at least preliminary status under 501 (C) (3) IRS Tax
					 code.
6.8.2
Eligible
				  Projects
A Projects eligible for
				  funding include land and water trails that are available to the general public
				  without distinction as to membership, residency, or other status. Reasonable
				  restrictions on the season, times, level, and types of use are permitted where
				  necessary for trail maintenance and/or preservation. Proposed restrictions must
				  be approved by the Committee and applied in a non-discriminatory
				  manner.
B. Reasonable fees may be
				  charged for the use of publicly available trails provided that all fees and fee
				  systems conform to requirements of 49 C.F.R. § 18.25(a), (g)(3), and (h),
				  as dictated in the Recreational Trails Program Guidance regarding the use of
				  federally assisted public outdoor recreation facilities and areas. Proposed
				  restrictions and fees must be described in the grant application.
C. All information or documentation specified
				  or requested must be provided in the application package including, but not
				  limited to:
1. Project location, description,
				  and purpose;
2. Limitations to
				  access or use;
3. Project costs and
				  funding: including labor, material, and grantees contribution (match) toward
				  project expenses;
4. Project
				  assurances that the applicant can/will comply with RTP requirements;
5. Project endorsement by the property
				  owner;
6. Map of the proposed
				  project area.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.9 - Application Procedure

Current through June 14, 2024
6.9.1
Application Forms
The application form(s) shall be developed and approved by
					 the Committee to qualify the applicant for funding consideration. The Committee
					 may amend the application form(s) as necessary through majority vote.
6.9.2
Filing
				  Applications
A. Application forms shall
				  be available for download on the DEM website as well as by request from
				  DEM/Planning & Development.
B.
				  Applications shall be filed with the Committee, c/o DEM/Planning &
				  Development or as designated on the application form. The grant application
				  shall be submitted within the time period specified within the
				  application.
C. The Committee shall
				  review applications for consistency with the Rules and Regulations governing
				  the RTP. Incomplete applications will not be considered for funding.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.10 - Application Review and Award

Current through June 14, 2024
6.10.1
Grant
				  Evaluation
The Committee will meet periodically to review
					 applications. The applications shall be evaluated and prioritized for funding
					 using criteria developed by the Committee for each project category. For this
					 purpose, the Committee Chairperson may appoint a Grant Scoring Subcommittee
					 ("Subcommittee").
6.10.2
Grant Ranking
Upon completion of application review and scoring the
					 Committee shall determine recommendations for funding. The Committee may
					 consider the relative amounts of money requested in the various applications in
					 order to maximize the distribution of funding appropriated to the RTP.
6.10.3
Grant Awards
Upon completion of grant evaluation and scoring, the
					 Committee, by majority vote, shall approve a list of recommended grant awards
					 and provide it to the Director.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.11 - Administrative Findings

Current through June 14, 2024
The current Rules and Regulations governing the RTP require
					 updating in order to be consistent with current standards and requirements.
					 Promulgation of these recodified Rules and Regulations will bring the RTP in
					 line with changes in the enabling legislation on the federal
					 level.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.12 - Application

Current through June 14, 2024
The terms and provisions of these Rules and Regulations
					 shall be liberally construed to permit the DEM to effectuate the purposes of
					 federal and state laws, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.13 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 6 - Rules and Regulations Governing the Recreational Trails Program (250-RICR-110-00-6) › Section 250-RICR-110-00-6.14 - Superseded Rules and Regulations

Current through June 14, 2024
On the effective date of these Rules and Regulations, all
					 previous Rules and Regulations and any policies regarding the administration of
					 the RTP shall be superseded. However, any outstanding grants, or applications
					 submitted to the DEM prior to the effective date of these Rules and Regulations
					 shall be governed by the Rules and Regulations in effect at the time the grant
					 or application was filed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 7 - Rules and Regulations for the Agricultural and Recreational Acquisition and Development, Roger Williams Park, and Roger Williams Zoo Grant Programs (250-RICR-110-00-7) › Section 250-RICR-110-00-7.1 - Purpose

Current through June 14, 2024
The purpose of these Rules and Regulations is to establish
					 the procedures by which the Department of Environmental Management will
					 administer funding provided pursuant to 2014 R.I. Pub. Laws 145, Article 5,
					 including but not limited to the 2014 Clean Water, Open Space and Healthy
					 Communities and any similar funds that may be allocated by the General Assembly
					 subsequent thereto.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 7 - Rules and Regulations for the Agricultural and Recreational Acquisition and Development, Roger Williams Park, and Roger Williams Zoo Grant Programs (250-RICR-110-00-7) › Section 250-RICR-110-00-7.2 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to
					 R.I. Gen. Laws Chapter 42-17.1, in accordance with the Administrative
					 Procedures Act, R.I. Gen. Laws Chapter 42-35 in order to disburse funds
					 allocated pursuant to 2014 R.I. Pub. Laws 145, Article 5 and any similar funds
					 that may be allocated by the General Assembly subsequent
					 thereto.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 7 - Rules and Regulations for the Agricultural and Recreational Acquisition and Development, Roger Williams Park, and Roger Williams Zoo Grant Programs (250-RICR-110-00-7) › Section 250-RICR-110-00-7.4 - Allocation of Funding

Current through June 14, 2024
A. Applicants may
				  be granted funding pursuant to these Rules and Regulations for the following
				  classes of projects:
1. State Projects:
				  Eligible projects may be granted monetary assistance for purchase of farmland
				  development rights and acquisition programs concerning the following:
a. Agricultural Acquisition - The Department
				  may purchase farmland outright pursuant to the Farmland Access Program Rules
				  and Regulations, 250-RICR- 110-00-8. The Agricultural Land Preservation
				  Commission, established pursuant to R.I. Gen. Laws §
												42-82-1,
et. seq
.
				  may purchase the development rights to farmland pursuant to the Rules and
				  Regulations of the Agricultural Lands Preservation Commission, 505-RICR-
				  00-00-1.
b. State Land Acquisition
				  - The Department may acquire land consistent with the State Guide Plan and the
				  Department's "Land Protection Plan". The Department's Land Acquisition
				  Committee and the State Properties Committee shall approve projects funded
				  under this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 7 - Rules and Regulations for the Agricultural and Recreational Acquisition and Development, Roger Williams Park, and Roger Williams Zoo Grant Programs (250-RICR-110-00-7) › Section 250-RICR-110-00-7.5 - Reallocation

Current through June 14, 2024
All funds allocated under §
										7.6 of this Part must be
					 obligated forty-eight (48) months after the passage of the bond referendum. All
					 funds authorized but not obligated forty-eight (48) months after the passage of
					 the bond referendum shall revert to the control of the Director for
					 reallocation in accordance with any section of the Bond
					 Authorization.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 7 - Rules and Regulations for the Agricultural and Recreational Acquisition and Development, Roger Williams Park, and Roger Williams Zoo Grant Programs (250-RICR-110-00-7) › Section 250-RICR-110-00-7.6 - Application Process for Local Projects

Current through June 14, 2024
A. Eligibility -
				  Municipal agencies, as defined in §
										7.5(A)(9) 
				  of this Part, and Native American Tribes, as defined in §
										7.5(A)(10) 
				  of this Part, may apply for Recreation Acquisition and Recreation Development
				  funds.
B. Scheduling of Selection
				  Rounds - the Director shall schedule the number, frequency and duration of
				  local grant funding after consultation with the RRRC. The Director shall
				  announce grant rounds. The RRRC may set the maximum award amount for a single
				  grant. The Director shall set a filing deadline for receipt of applications for
				  local projects for each selection round. Applications received after the filing
				  deadline will not be considered for funding during that round. All filing
				  deadlines and information will be posted on the DEM website. Applications may
				  be resubmitted during a subsequent selection round.
C. Notice of Funding Opportunity - The
				  Director shall post a notice on the Department website notifying potential
				  applicants that the Department is accepting applications at least thirty (30)
				  days prior to the deadline for the submittal of such applications. The posted
				  notice shall provide notice of maximum amount award for a single grant that the
				  RRRC has set for that particular grant period and shall provide a link to the
				  application on the DEM website. Applications shall also be available on request
				  from the Rhode Island Department of Environmental Management, Division of
				  Planning and Development, 235 Promenade Street, Providence, Rhode Island
				  02908-5767.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 7 - Rules and Regulations for the Agricultural and Recreational Acquisition and Development, Roger Williams Park, and Roger Williams Zoo Grant Programs (250-RICR-110-00-7) › Section 250-RICR-110-00-7.7 - Evaluation and Award of Local Project Applications

Current through June 14, 2024
A.
				  Review - The RRRC will review each application for recreation acquisition and
				  development grants according to the Priority Rating System set forth in the
				  Recreation Grant Selection Process outlined in the SCORP and shall submit to
				  the Director in order of priority its recommendations for grant
				  awards.
B. Awards - The Director
				  shall review the grant award recommendations prepared by the RRRC. The Director
				  shall have the authority to adjust such grant awards, including consideration
				  as to whether one community may be receiving a disproportionate amount of the
				  funds available and so that a reasonable geographic distribution of funds is
				  achieved.
C. Notice - Notice of the
				  final determination regarding each timely application received shall be made by
				  email to the contact person identified on the application form.
D. Grant Agreement - The DEM and each Grantee
				  will enter into a Grant Agreement that shall set forth all grant terms,
				  schedules and conditions.
E.
				  Project Period - The beginning date of a project period shall be articulated in
				  the Grant Agreement. A term of up to three (3) years shall be considered the
				  project period for all recreational land acquisition and recreation development
				  projects. The Director may extend the grant term of any grant for an additional
				  two (2) years after review and recommendation by the program staff in the
				  Division of Planning and Development.
F. Discrimination - Any property acquired and
				  or developed with funds from this bond authorization shall not discriminate
				  against persons desiring to use said property on the basis of residence,
				  including preferential reservation membership or annual permit system which are
				  prohibited. With approval of the Department, project sponsors may impose
				  reasonable limits on the type and extent of use of areas and facilities
				  acquired or developed with this fund when such a limitation is necessary for
				  the maintenance or preservation of the property.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 7 - Rules and Regulations for the Agricultural and Recreational Acquisition and Development, Roger Williams Park, and Roger Williams Zoo Grant Programs (250-RICR-110-00-7) › Section 250-RICR-110-00-7.8 - Eligible Project Costs and Match

Current through June 14, 2024
A. Recreation
				  Acquisition Projects - Eligible costs for recreation acquisition projects
				  include fifty percent (50%) of the approved appraised value of the land.
				  Certification that all other necessary funds are available must be submitted
				  prior to the release of grant funds. Applicants may use the value of donated
				  property interests in land to be acquired or preserved as the local match,
				  provided the value shown as a donation is sustained by an approved Certified
				  Appraisal and the donation is part of the same project and the land is not
				  currently owned by a Municipal Agency.
B. Recreation Development Projects - Eligible
				  costs for development projects may be up to eighty percent (80%) and include
				  design, construction, site planning, demolition, landscaping and site
				  improvements essential to the project. Certification that all other necessary
				  funds are available must be submitted prior to the release of grant funds.
				  Matching funds including in-kind services are not limited but adequate
				  documentation of all in-kind match must be provided.
C. An applicant may request that match
				  incurred after the announcement of a grant round, but prior to receipt of a
				  grant award purchase order, be applied retroactively. Project costs incurred
				  prior to the receipt of a purchase order are at the applicant's risk; grant
				  funds shall not be available retroactively. The Director may authorize a
				  request to apply match retroactively if such request is submitted by the
				  applicant in writing prior to contracting for services or taking title to the
				  property. The granting such a request does not constitute assurance that the
				  project will be approved.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 7 - Rules and Regulations for the Agricultural and Recreational Acquisition and Development, Roger Williams Park, and Roger Williams Zoo Grant Programs (250-RICR-110-00-7) › Section 250-RICR-110-00-7.9 - Restrictive Covenants and Conversion

Current through June 14, 2024
A. Recreation
				  Acquisition Projects - Property acquired with grant funds shall be maintained
				  and managed in the condition and for the purpose specified in its approved
				  grant application in perpetuity. Each Grantee shall execute a perpetual
				  recreation easement, or similar document, running in favor of the State of
				  Rhode Island over the acquired property. Such easement shall provide that if
				  the recipient at any time fails in its obligation to properly maintain the
				  acquired property in accordance with the purposes and functions for which it
				  was acquired and in conformance with an approved Management Plan, the State of
				  Rhode Island may enforce the grant conditions in equity or, at its discretion,
				  may assume title, custody and control to protect its interest.
B. Recreation Development Projects - Property
				  improved with grant funds shall be maintained and managed in the condition and
				  for the purpose, or a substantially similar purpose, to that specified in its
				  approved grant application in perpetuity. Each Grantee shall execute and record
				  in the land evidence records a "Notice of Grant Agreement", that provides that
				  if the recipient at any time fails in its obligation to properly maintain the
				  acquired property in accordance with an approved Management Plan, the State of
				  Rhode Island may enforce the grant conditions in equity or, at its discretion,
				  may assume title, custody and control to protect its interest.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 7 - Rules and Regulations for the Agricultural and Recreational Acquisition and Development, Roger Williams Park, and Roger Williams Zoo Grant Programs (250-RICR-110-00-7) › Section 250-RICR-110-00-7.11 - Recording

Current through June 14, 2024
Applications will be accepted electronically any business
					 day up to the filing deadline and shall be date and time received by the
					 Department of Environmental Management.