Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 20 - Marketing › Part 1 - Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act › Section 250-RICR-40-20-1.6 - Application for Designation of Farmland

Current through June 14, 2024
A. An owner of land
				  may file a written application with the Director for its designation by the
				  Director as farmland. When the application is made and after a filing fee of
				  ten dollars ($10.00) is paid, the Director shall examine the land. If the
				  Director determines that the land is farmland, then the Director shall issue a
				  certificate designating the land as farmland. The Director shall furnish a copy
				  of the certificate to the owner of the land, and shall file one copy of the
				  certificate in the office of the assessor of the city or town in which the land
				  is located.
B. An owner of land
				  designated as farmland by the Director may also apply to the assessor of the
				  city or town where the land is located for its classification as farmland on
				  any assessment list maintained by the city or town. Pursuant to R.I. Gen. Laws
				  §
										44-27-3(c)(1),
				  such an application must be filed with the assessor of the city or town not
				  earlier than thirty (30) days before nor later than thirty (30) days after the
				  date of assessment, except that in years of revaluation the application must be
				  filed not later than thirty (30) days after written notice of revaluation or in
				  its absence after receipt of the tax bill. The Director's designation of that
				  land as farmland must be valid as of a date at or prior to the date of the
				  assessment. Pursuant to R.I. Gen. Laws §
										44-27-3(d), the
				  application must be made on a form prescribed by the assessor and include a
				  description of the land and the date of issuance of the Director's certificate
				  of designation.
C. Application to
				  the Director for designation as farmland shall be made upon forms prescribed by
				  the Director and shall include a description of the land and any other
				  information that may be required to aid the Director in determining whether the
				  land qualifies for that designation. For continuing eligibility, the property
				  is subject to re-inspection by the Director every 5 years or at the request of
				  the tax assessor subject to the management recommendations prescribed by the
				  plan and approved by the Director.
D. Pursuant to R.I. Gen. Laws §
										44-27-2(1)(iii),
				  farmland shall be taxed according to agricultural use based upon the following
				  five (5) categories:
1. Ornamental Crops:
				  Including land devoted to floriculture, nursery and turf production, as well as
				  land under greenhouses,
2.
				  Vegetable and Orchards: Including small fruits, potatoes, cranberries, and
				  Christmas trees,
3. Dairy and
				  Livestock: Including forage crops, hay, silage corn and grain, and
				  aquaculture,
4. Forest and
				  Wasteland: Which is part of the farm property.
5. Renewable on Farmland/Dual Use Generation
				  Units, in accordance with the following conditions:
a. the Dual Use Generation Unit will not
				  interfere with the continued use of the land beneath the unit or around the
				  structure for agricultural purposes;
b. the Dual Use Generation Unit is designed
				  to optimize a balance between the generation of electricity and the
				  agricultural productive capacity of the soils;
c. the Dual Use Generation Unit is a raised
				  or freestanding structure allowing for continuous growth of crops underneath
				  the solar photovoltaic modules or around the turbine, with height enough for
				  labor and/or machinery as it relates to tilling, cultivating, soil amendments,
				  harvesting, etc. and grazing animals;
d. annual reporting to the Division of
				  Agriculture of the productivity of the crop(s) pursuant to §§
												1.6(D)(1) and
				  (2) of this Part and herd, including pounds
				  harvested and/or grazed, herd size growth, success of the crop, potential
				  changes, etc., shall be provided after project implementation and throughout
				  life of the Dual Use Generation Units. Annual reporting shall include, but not
				  be limited to:
(1) dual-use being utilized
				  (i.e. solar generation unit or wind turbine)
(2) total gross acres of open farmland to be
				  integrated with the project;
(3)
				  type of crop(s) to be grown, including grazing crops;
(4) pounds of crop(s) projected to be grown
				  and harvested, or grazed;
(5)
				  animals to be grazed with herd size(s); and
e. installation shall comply with applicable
				  Fire Safety Code Board of Appeal and Review regulations, Title 450, and State
				  Building Code Commission regulations, Title 510, as amended, and all other
				  applicable laws and regulations.
f.
				  All ground mount solar generation project must develop a vegetative management
				  plan (annual landscaping, mowing, etc. surrounding the Dual Use Generation
				  Unit) with the local fire official for a fire permit to be issued for the
				  project. Under this requirement projects are not required to build their solar
				  systems on crushed stone surfaces anymore.
g. Applicants are required to submit a
				  current conservation plan to the Department that ensures continued viability of
				  the farmland during and after the prescribed life of the renewable energy
				  project.