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 1 - 2000 Open Space Bond Authorization Rules and Regulations (250-RICR-110-00-1) › Section 250-RICR-110-00-1.11 - Evaluation of Applications

Current through June 14, 2024
A. Review
1. The Rhode Island Recreation Resources
				  Review Committee will review each application for recreation acquisition and
				  development grants according to the "Rules and Regulations" outlined in the
				  SCORP/ Open Project Selection Process and shall submit to the Director in order
				  of priority its recommendations for grant awards.
2. The Rhode Island Natural Heritage
				  Preservation Commission Advisory Committee will review each application
				  according to the procedures and evaluation criteria outlined in the "Rules and
				  Regulations" as amended of the Natural Heritage Commission of the State of
				  Rhode Island and Providence Plantations and shall submit to the Rhode Island
				  Natural Heritage Preservation Commission in order of priority its
				  recommendations for grant awards.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 1 - 2000 Open Space Bond Authorization Rules and Regulations (250-RICR-110-00-1) › Section 250-RICR-110-00-1.12 - Eligible Projects

Current through June 14, 2024
A. Open Space
				  Acquisition Project: Open space acquisition shall be limited to the purchase of
				  fee simple title or conservation easements over open space where such land is
				  consistent with the "Greenways, Greenspace" element of the State Guide Plan:
				  entitled "A Greener Path: Greenspace and Greenways for Rhode Island's Future"
				  and/or an up-to-date Comprehensive Plan, Greenways Master Plan or Watershed
				  Management Plan or other adopted land acquisition plan that adequately assesses
				  current and future open space requirements and needs. The plans shall include
				  an implementation program and schedule for actions proposed to address issues
				  and needs expressed in the plan.
B.
				  Recreation Acquisition Project: Recreation land acquisition shall be limited to
				  the purchase of fee simple title to land that will be developed for outdoor
				  recreation purposes in accordance with a master plan for development of the
				  property.
C. Recreation Development
				  Projects: A development project designed to provide public outdoor
				  recreation.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 1 - 2000 Open Space Bond Authorization Rules and Regulations (250-RICR-110-00-1) › Section 250-RICR-110-00-1.13 - Eligible Project Costs

Current through June 14, 2024
A. Open Space
				  Acquisition and Recreation Land Acquisition Projects- Costs incidental to
				  purchasing land or interests in land. Eligible project costs are appraisal,
				  survey, title search, title insurance and the purchase itself. Provided that
				  any such costs are incurred after a grant application has been approved or
				  after the applicant has received a waiver of retroactivity from the Director
				  allowing such costs to be incurred in advance of project approval. Costs
				  incurred prior to the approval of a project are 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.
B. Eligible Project Costs
				  Recreation Development Projects - Eligible costs for development projects may
				  cover design, construction, site planning, demolition, reforestation, and
				  landscaping and site improvements essential to the project. Provided that any
				  such costs are incurred after a grant application has been approved or after
				  the applicant has received a waiver of retroactivity from the Director allowing
				  such costs to be incurred in advance of project approval. Costs incurred prior
				  to the approval of a project are 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 1 - 2000 Open Space Bond Authorization Rules and Regulations (250-RICR-110-00-1) › Section 250-RICR-110-00-1.14 - Eligible Applicants

Current through June 14, 2024
A. Land Trust,
				  Watershed Councils, Conservation Commissions and Non-Profit Environmental
				  Agencies - as defined in §
										1.5 of this Part herein, may
				  apply for land acquisition funding. The Rhode Island Department of
				  Environmental Management shall be responsible for determining eligibility
				  status to participate in the Land Acquisition grant rounds.
B. Municipal Agency - Municipal agencies, as
				  defined in §
										1.5 of this Part herein, may
				  apply for open space, recreation acquisition and recreation development funds.
				  The Department of Environmental Management shall be responsible for determining
				  eligibility status to participate in the Open Space, Recreation Acquisition and
				  Recreation Development Grant Rounds. Eligibility is based upon the adoption and
				  maintenance of an up-to-date Local Comprehensive Plan, Outdoor recreation Plan
				  and/or locally adopted land acquisition plan which adequately assesses the
				  current and future recreation and open space requirements and needs. The plan
				  shall include an implementation program and schedule for actions proposed to
				  address issues and needs expressed in the plan.
C. Native American Tribes - Indian Tribes,
				  bands, nations or other organized group which exercises governmental functions
				  and which is recognized by the Secretary of the Interior as eligible for the
				  special programs and services provided by the United States to Indians because
				  of their status.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 1 - 2000 Open Space Bond Authorization Rules and Regulations (250-RICR-110-00-1) › Section 250-RICR-110-00-1.15 - Local Grants/Matching Funds

Current through June 14, 2024
A. Open Space -
				  Grants shall be for 50% of approved project costs. Certification that all other
				  necessary funds are available must be submitted prior to the release of grant
				  funds.
B. Recreation Land
				  Acquisitions - Grants shall be for 50% of approved project costs. Certification
				  that all other necessary funds are available must be submitted prior to the
				  release of grant funds.
C.
				  Recreation Development Grants - Grants shall be for 50% of approved project
				  costs. Certification that all other necessary funds are available must be
				  submitted prior to the release of grant funds. In-kind services that are used
				  for match are limited to 25% of the total project cost.
D. Distressed Communities Recreation
				  Development Grants - Grants shall be for 75% of approved project costs.
				  Certification that all other necessary funds are available must be submitted
				  prior to the release of grant funds. In-kind services that are used for match
				  are limited to 12.5% of the total project cost.
E. Donations - 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 a certified
				  appraisal and the donation is part of the same project.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 1 - 2000 Open Space Bond Authorization Rules and Regulations (250-RICR-110-00-1) › Section 250-RICR-110-00-1.16 - Restrictive Covenants

Current through June 14, 2024
Property acquired with grant funds must be maintained and
					 managed in the condition and for the purpose specified in its approved grant
					 application in perpetuity. Each recipient shall execute a perpetual
					 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 acquired
					 in accordance with the purposes and functions for which it was acquired and in
					 conformance with the approved management plan, if applicable, 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 1 - 2000 Open Space Bond Authorization Rules and Regulations (250-RICR-110-00-1) › Section 250-RICR-110-00-1.17 - Management Plan/Open Space Grants

Current through June 14, 2024
An approved management plan meeting the requirements of
					 such plans established in the Rules and Regulations of the Rhode Island Natural
					 Heritage Preservation Commission of the State of Rhode Island and Providence
					 Plantations, November 1986, as amended must be submitted and approved prior to
					 the release of grant funds. If public access is deemed appropriate, the
					 recipient shall not discriminate in providing access or in fees charged for
					 access.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 1 - 2000 Open Space Bond Authorization Rules and Regulations (250-RICR-110-00-1) › Section 250-RICR-110-00-1.18 - Conversion

Current through June 14, 2024
Any property so acquired or developed shall not be wholly
					 or partly converted to a use other than the purpose specified in its approved
					 grant application without the approval of the Director. The Director shall seek
					 recommendations from the Natural Heritage Preservation Commission and the
					 Recreation Resources Review Committee on all conversions. The Director has the
					 authority to disapprove conversion requests and/or to reject proposed property
					 substitutions.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 1 - 2000 Open Space Bond Authorization Rules and Regulations (250-RICR-110-00-1) › Section 250-RICR-110-00-1.19 - Recreation Acquisition and Development Grants 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 recreation facility. 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 1 - 2000 Open Space Bond Authorization Rules and Regulations (250-RICR-110-00-1) › Section 250-RICR-110-00-1.20 - 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 2 - Rules and Regulations for 1989 Open Space and Recreation Capital Development Program (250-RICR-110-00-2) › Section 250-RICR-110-00-2.1 - Authority

Current through June 14, 2024
A. These Rules and Regulations are
				  promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, Department of
				  Environmental Management, and in accordance with 1989 R.I. Pub. Laws 552, "1989
				  Open Space and Recreation Capital Development Program," which authorizes the
				  Department of Environmental Management to administer fifty-three million
				  dollars ($53,000,000.00) in state bonds according to the following:
1. State Coastal and Shoreline Acquisition
				  and Recreational Development Program - twenty six million dollars
				  ($26,000,000.00).
2. Local
				  Acquisition and Development - fifteen million dollars
				  ($15,000,000.00).
3. Farm Land
				  Development Rights - three million dollars ($3,000,000.00).
4. Roger Williams Park Restoration - nine
				  million dollars ($9,000,000.00).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 2 - Rules and Regulations for 1989 Open Space and Recreation Capital Development Program (250-RICR-110-00-2) › Section 250-RICR-110-00-2.2 - Purpose

Current through June 14, 2024
These Rules and Regulations are to establish the procedures
					 by which the Department of Environmental Management will administer the 1989
					 Open Space and Recreation Capital Development Program funds.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 2 - Rules and Regulations for 1989 Open Space and Recreation Capital Development Program (250-RICR-110-00-2) › Section 250-RICR-110-00-2.4 - Allocation between Projects

Current through June 14, 2024
A. State Projects -
				  State Agencies shall be allocated twenty-nine million dollars ($29,000,000.00).
1. State Coastal and Shoreline Acquisition
				  and Recreational Development - twenty-six million dollars ($26,000,000.00)
				  shall be allocated for projects which conform to SCORP objectives and
				  priorities.
a. Up to ten million dollars
				  ($10,000,000.00) shall be utilized for the development or rehabilitation of
				  state-owned recreation areas.
b. Up
				  to one million six hundred thousand dollars ($1,600,000.00) shall be allocated
				  to private land trusts. Private land trusts may apply and receive funds, from
				  this one million six hundred thousand dollar ($1,600,000.00) allocation, for
				  coastal and shoreline acquisition following the procedures as defined
				  herein.
c. At least fourteen
				  million four hundred thousand dollars ($14,400,000.00) shall be utilized for
				  State coastal and shoreline acquisition. Projects funded shall be approved by
				  the Department of Environmental Management's Land Acquisition Committee and 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 2 - Rules and Regulations for 1989 Open Space and Recreation Capital Development Program (250-RICR-110-00-2) › Section 250-RICR-110-00-2.6 - Determination of Financially Restricted Communities

Current through June 14, 2024
Financially Restricted Communities - Distressed communities
					 will be identified utilizing the system described under the "Distressed
					 Communities Program" section of the report entitled State and Local Government
					 Finances in Rhode Island in the 1980s; the Final Report of the Governor's
					 Advisory Commission to Study the Financial Operations of State and Local
					 Governments and the Interrelationships in Delivering Public Services, released
					 in December, 1982 and known as the Swearer Report. Of the top ten communities
					 on the lists, those that fall into three (3) of the four (4) distress
					 categories will be identified for the purposes of this program as "distressed
					 communities". Figures will be calculated each year using data from the most
					 recent Annual State Report on Local Government Finances and Tax Equalization,
					 compiled by the Department of administration of the State of Rhode Island. The
					 list of eligible communities will be published once in the Journal/Bulletin, 20
					 days prior to the first application period after January 1st of each
					 year.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 2 - Rules and Regulations for 1989 Open Space and Recreation Capital Development Program (250-RICR-110-00-2) › Section 250-RICR-110-00-2.7 - Application Procedures

Current through June 14, 2024
A. Application
				  Forms - Applications on forms approved by the Natural Heritage Preservation
				  Commission or the Recreation Resources Review Committee, as applicable, shall
				  be available on request from the Rhode Island Department of Environmental
				  Management, Division of Planning and Development, 235 Promenade Street, 3rd
				  Floor, Providence, RI 02908-5767.
B. Filing
1. Recreation Acquisition and Recreation
				  Development - Applications must be filed within the prescribed period with the
				  Rhode Island Recreation Resources Review Committee, c/o Department of
				  Environmental Management, Division of Planning and Development, 235 Promenade
				  Street, 3rd Floor, Providence, RI 02908-5767
2. Coastal and Shoreline Acquisition -
				  Applications must be filed within the prescribed period with the Rhode Island
				  Natural Heritage Preservation Commission, c/o Department of Environmental
				  Management, Division of Planning and Development, 235 Promenade Street, 3rd
				  Floor, Providence, RI 02908-5767.
3. Urban Parks Rehabilitation - Applications
				  must be filed with the Department of Environmental Management, Division of
				  Planning and Development, 235 Promenade Street, 3rd Floor, Providence, RI
				  02908-5767.
4. Shoreline Access
				  Improvement - Applications must be filed within the prescribed period with the
				  Rhode Island Recreation Resources Review Committee, c/o Department of
				  Environmental Management, Division of Planning and Development, 235 Promenade
				  Street, 3rd Floor, Providence, RI 02908-5767.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 2 - Rules and Regulations for 1989 Open Space and Recreation Capital Development Program (250-RICR-110-00-2) › Section 250-RICR-110-00-2.9 - Local Grants

Current through June 14, 2024
A. Awards - The
				  Director shall award grants in the order of priority recommended by the Natural
				  Heritage Preservation Commission from the fifty percent (50%) reserved for
				  coastal and shoreline acquisitions pursuant to §
										2.9(F)(1) 
				  of this Part and shall similarly award, in order of priority recommended by the
				  Recreation Resources Review Committee, grants from the thirty percent (30%)
				  reserved for recreation acquisition pursuant to §
										2.9(F)(2) 
				  of this Part. The Director shall make additional awards from the twenty percent
				  (20%) of allocated funds to either coastal and shoreline acquisition or
				  recreation acquisition held in reserve. Notwithstanding the above, the
				  Director, with the advice of the rating committees, shall have the authority to
				  adjust such grant awards, so that no one community receives a disproportionate
				  amount of the funds available and so that a reasonable geographic distribution
				  of funds is achieved.
B. Notice -
				  Notice of award shall be by registered mail return receipt.
C. Matching Funds
1. Local Projects - Grants shall be for 50%
				  of approved project costs. Certification that all other necessary funds are
				  available must be submitted prior to the release of grant funds.
2. Land Trust Projects - Grants shall be for
				  50% of approved project costs. Certification that all other necessary funds are
				  available must be submitted prior to the release of grant funds.
3. Urban Parks Rehabilitation - Grants shall
				  be for 100% of approved projects costs, not to exceed the amount allocated by
				  law pursuant to §
											2.9(C) of
				  this Part.
4. Financially
				  Restricted Communities - Grants shall be for up to 100% of the approved coastal
				  and shoreline and recreation acquisition costs and up to 100% of the approved
				  recreation development costs. Certification that all other necessary funds are
				  available must be submitted prior to the release of grant funds.
5. Donations - Applicants may show the value
				  of interests in land acquired as a local match, provided and to the extent that
				  the value shown as a donation is sustained by competent appraisal and the
				  donation is part of the same project.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 110 - Planning and Development › Subchapter 00 - N/A › Part 2 - Rules and Regulations for 1989 Open Space and Recreation Capital Development Program (250-RICR-110-00-2) › Section 250-RICR-110-00-2.10 - Severability

Current through June 14, 2024
If any section, paragraph, phrase, sentence or clause of
					 these Rules and Regulations is declared invalid or unconstitutional for any
					 reason, the remainder of the rules 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 3 - Rules and Regulations for Open Space Recreational Greenways Recreational Bikeways 1998 Bond Authorization (250-RICR-110-00-3) › Section 250-RICR-110-00-3.1 - 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 the 1998 Environmental Management Bonds.
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-110-00-3.2 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to
					 R.I. Gen. Laws Chapter 42-17.1, Environmental Management, and in accordance
					 with Rhode Island Public Law 1998, Chapter 31, Article 5, "1998 Environmental
					 Management Bonds," which authorizes the Department of Environmental Management
					 to administer Fifteen Million Dollars ($15,000,000.00) in state bonds according
					 to the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
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-110-00-3.3 - Allocation of Funding

Current through June 14, 2024
A. Funding under
				  the 1998 Environmental Management Bonds shall be allocated as follows:
1. $5,000,000.00 to provide funds to purchase
				  or permanently protect greenways and other open space; and,
2. $5,000,000.00 to provide funds for the
				  design and construction of regional bikeways to include the Blackstone Bikeway,
				  the Washington Secondary/Coventry Greenway/Trestle Trail and the South County
				  Bikeway; and,
3. $5,000,000.00 to
				  provide Grants and matching funds to local municipalities, land trusts and
				  non-profit environmental organizations for the acquisition, design and
				  construction of local bikeways and recreational greenways.
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-110-00-3.4 - Applicability

Current through June 14, 2024
The terms and provisions of these Rules and Regulations
					 shall be liberally construed to permit the Department to effectuate the
					 purposes of state law, goals and policies.
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-110-00-3.6 - Scheduling of Selection Rounds

Current through June 14, 2024
The Director shall schedule the number, frequency and
					 duration of local grant funding rounds after consultation with the Rhode Island
					 Greenways Council; provided that there shall be at least one such funding round
					 per year until all funds are expended.
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-110-00-3.7 - Applications

Current through June 14, 2024
Applications on forms approved by the Rhode Island
					 Greenways Council, as applicable, shall be available on request from the Rhode
					 Island Department of Environmental Management, Division of Planning and
					 Development 235 Promenade Street, Room 320, Providence, RI 02908-5767 or from
					 the DEM Web Site at www.state.ridem.planning.
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-110-00-3.8 - Filing

Current through June 14, 2024
Applications must be filed within the prescribed period to
					 be established for each local grant funding round by the Rhode Island Greenways
					 Council and the Department of Environmental Management. Applications must be
					 sent to the Department of Environmental Management, Division of Planning and
					 Development, 235 Promenade Street, Room 300, Providence, RI 02908-5767.
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-110-00-3.9 - Recording

Current through June 14, 2024
Applications will be accepted any business day during
					 regular work hours up to the filing deadline and shall be date and time stamped
					 upon receipt by the Department of Environmental Management.
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-110-00-3.10 - Filing Deadline

Current through June 14, 2024
The Director shall set a filing deadline for receipt of
					 applications for each selection round. Applications received after the filing
					 deadline will not be considered for funding during that round and will be
					 returned to the applicant without prejudice. All filing deadlines will be
					 advertised in the Providence Journal/Bulletin and posted on the DEM Web Site.
					 Applications may be resubmitted during a subsequent selection round.
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-110-00-3.11 - Evaluation of Applications

Current through June 14, 2024
A. Review - The
				  Rhode Island Greenways Council will review each application according to the
				  procedures and evaluation criteria developed and approved by the Council, and
				  shall submit to the Director in order of priority its recommendations for grant
				  awards.
B. Awards - The Director
				  shall award grants in the order of priority recommended by the Rhode Island
				  Greenways Council from the 1998 Bond Fund Authorization. The Director, with the
				  advice of the State Greenways Council, shall have the authority to adjust such
				  grant awards, so that no one community receives a disproportionate amount of
				  the funds available and so that a reasonable geographic distribution of funds
				  is achieved.
C. Notice - Notice of
				  award shall be by registered mail, return receipt requested.
D. Records - The notice of award will set
				  forth all grant terms, schedules and conditions, including most particularly
				  those relating to record keeping and verification of expenditures.
E. Project Period- The beginning date of a
				  project period will normally be the date of approval. When a waiver has been
				  granted by the Director, the effective date of the waiver shall be used as the
				  beginning date of the project period. A period of two (2) years shall be
				  considered the project period and may be extended up to five years upon
				  approval of the Director.
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. 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
				  maintenance or preservation.
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-110-00-3.12 - Allocation of Bond Proceeds - Open Space Land Acquisition $5,000,000.00

Current through June 14, 2024
A. State Projects - the Rhode Island
				  Department of Environmental Management shall administer Three (3) Million
				  Dollars ($3,000,000.00) in FY 2000 - FY 2004.
1. State Land Acquisition - Two Million
				  Dollars ($2,000,000.00) shall be allocated for land acquisition protection
				  which is consistent with the "Greenways, Green Space" element of the State
				  Guide Plan and the Department of Environmental Management "Land Protection
				  Plan". One Million Dollars ($1,000,000) in FY 2001 and One Million Dollars
				  ($1,000,000) in FY 2002 will be available for State Land Acquisition projects.
				  Projects funded under this section shall be approved by the Department of
				  Environmental Management's Land Acquisition Committee and the State Properties
				  Committee.
2. Agricultural
				  Acquisition- One Million Dollars 10 ($1,000,000.00) in FY 2000 shall be
				  allocated to the Agricultural Land Preservation Commission, established
				  pursuant to R.I. Gen. Laws §
											42-82-8. Said funds shall be
				  expended by the Rhode Island Agricultural Land Preservation Commission for the
				  purchase of development rights to land having high agricultural value as
				  defined herein. The Agricultural Land Preservation Commission shall choose
				  eligible farms under their Operating Procedures adopted June 1983, as
				  amended.
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-110-00-3.13 - Eligible Projects

Current through June 14, 2024
A. Open Space
				  Acquisition Projects - Open space acquisition shall be limited to the purchase
				  fee simple title to open space where such land is consistent with the
				  "Greenways, Greenspace" element of the State Guide Plan: the document entitled
				  A Greener Path: Greenspace and Greenways for Rhode Island's Future and will be
				  developed and used for trail and/or bicycle purposes.
B. Greenway/Greenspace Development Projects -
				  A development project may consist of one improvement or group of related
				  improvements designed to provide public hiking, bicycling or other similar
				  activities within a greenway or greenspace area. In addition, reforestation,
				  landscaping and natural resource restoration in the greenway/greenspace area
				  are eligible.
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-110-00-3.14 - Eligible Project Costs

Current through June 14, 2024
Costs incidental to purchasing land or interests in land
					 such as costs of appraisal, survey, title search, title insurance and the
					 purchase itself are eligible; provided that any such costs are incurred after a
					 grant application has been approved or after the applicant has received a
					 waiver from the Director allowing such costs to be incurred in advance of
					 project approval. Costs incurred prior to the approval of a project are 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. It is recognized that some costs must be incurred before a
					 proposed project can be submitted with the required descriptive and cost data,
					 although incurred prior to project approval. All such pre-approval costs for
					 approved projects incurred within one year prior to project submission are
					 "allowable".
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-110-00-3.15 - Eligible Applicants

Current through June 14, 2024
A. Land
				  Trusts/Watershed Councils and Non-profit Environmental Agencies - as defined in
				  §
										3.5 of
				  this Part may apply for land acquisition funding. The Rhode Island Greenways
				  Council shall be responsible for determining eligibility status to participate
				  in the Land Acquisition grant rounds. Eligibility is based upon the adoption
				  and maintenance of an up-to-date Comprehensive Land Use Plan, Greenways Master
				  Plan or Watershed Management Plan which adequately assesses the current and
				  future recreation and open space requirements and needs. The plans shall
				  include an implementation program and schedule for actions proposed to address
				  issues and needs expressed in the plan.
B. Municipal Agency - Municipal agencies, as
				  defined in §
										3.5 of this Part, may apply
				  for land acquisition funds. The State Greenways Council shall be responsible
				  for determining eligibility status to participate in the Land Acquisition Grant
				  Rounds. Eligibility is based upon the adoption and maintenance of an up-to-date
				  Comprehensive Land Use Plan or Greenways Master Plan or Outdoor Recreation Plan
				  which adequately assesses the current and future recreation and open space
				  requirements and needs. The plan shall include an implementation program and
				  schedule for actions proposed to address issues and needs expressed in the
				  plan.
C. Ineligible Entities -
				  State Boards or Commissions, Executive Department, private commercial
				  businesses and agencies of the federal government.
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-110-00-3.16 - Eligibility Criteria Open Space Acquisition Projects

Current through June 14, 2024
Open space acquisition shall be limited to the purchase fee
					 simple title, development rights or conservation restrictions over open space
					 where such land is consistent with the "Greenways, Greenspace" element of the
					 State Guide Plan: the document entitled "A Greener Path: Greenspace and
					 Greenways for Rhode Island's Future".
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-110-00-3.17 - Matching Funds

Current through June 14, 2024
A. Opens Space -
				  Grants shall be for 50% of approved project costs. Certification that all other
				  necessary funds are available must be submitted prior to the release of grant
				  funds.
B. Donations - Applicants
				  may show the value of donated interests in land to be acquired as a local
				  match, provided and to the extent that the value shown as a donation is
				  sustained by competent appraisal and the donation is part of the same
				  project.
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-110-00-3.18 - 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 acquired in accordance with the purposes and
					 functions for which it was acquired and in conformance with the approved
					 management plan, if applicable, 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 3 - Rules and Regulations for Open Space Recreational Greenways Recreational Bikeways 1998 Bond Authorization (250-RICR-110-00-3) › Section 250-RICR-110-00-3.19 - Management

Current through June 14, 2024
It shall be an explicit condition of the receipt of a grant
					 from the fund for the purchase of land or any interest therein, that an
					 approved management plan meeting the requirements of such plans established in
					 the Rules and Regulations of the Rhode Island Natural Heritage Preservation
					 Commission, as amended be submitted and approved. If public access is deemed
					 appropriate, by the State Greenways Council, the recipient shall not
					 discriminate in providing access or in fees charged for access. Signs
					 acknowledging the use of the Rhode Island Greenways Program Funds shall be
					 posted on the property.
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-110-00-3.20 - Conversion

Current through June 14, 2024
A. Any property so acquired or developed
				  shall not be wholly or partly converted to other than the purpose specified in
				  its approved grant application without the approval of the Director. The
				  Director has the authority to disapprove conversion requests and/or to reject
				  proposed property substitutions.
B.
				  All funds allocated for grants under this section must be obligated no later
				  than June 30, 2005. All funds authorized but not obligated on June 30, 2005
				  shall revert to the control of the Director for use 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 3 - Rules and Regulations for Open Space Recreational Greenways Recreational Bikeways 1998 Bond Authorization (250-RICR-110-00-3) › Section 250-RICR-110-00-3.21 - Regional Bikeway Development $5,000,000.00

Current through June 14, 2024
A. State
				  Regional Bikeways: the Rhode Island Department of Environmental Management
				  shall be allocated Five (5) Million Dollars ($5,000,000.00) for the design and
				  development of regional bikeways. Said bikeways shall include:
1. The Blackstone River Bikeway and related
				  linkages;
2. The South County bike
				  path;
3. The Washington Secondary
				  bike path.
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-110-00-3.22 - Local Bikeways and Recreational Greenway Development and Acquisition $5,000,000.00

Current through June 14, 2024
The Rhode Island Department of Environmental Management
					 shall be allocated Five (5) Million Dollars ($5,000,000.00) for the design and
					 construction of local bikeways and recreational greenways. The funds shall be
					 allocated to municipal agencies to provide matching funds for the acquisition,
					 design and construction of local bikeways / bike paths and recreational
					 greenways consistent with the municipal agency's "Local Comprehensive Land Use
					 Plan" and the "State Greenways and Greenspace Plan". FY 2000 - FY 2004 /
					 $1,000,000 per year as identified in the State Capital Plan. All funds
					 allocated for grants under this section must be obligated no later than June
					 30, 2005. All funds authorized but not obligated on June 30, 2005 shall revert
					 to the control of the Director for use 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 3 - Rules and Regulations for Open Space Recreational Greenways Recreational Bikeways 1998 Bond Authorization (250-RICR-110-00-3) › Section 250-RICR-110-00-3.23 - Project Costs Eligible Project Costs

Current through June 14, 2024
Eligible costs for development projects may cover design,
					 construction, site planning, demolition, reforestation, landscaping and natural
					 resource restoration, acquisition and similar activities essential for the
					 proper conduct of the project; provided that any such costs are incurred after
					 a grant application has been approved or after the applicant has received a
					 waiver from the Director allowing such costs to be incurred in advance of
					 project approval. Costs incurred prior to the approval of a project are at the
					 applicant's risk and retroactive reimbursement is not assured. The granting of
					 the waiver does not constitute assurance that the project will be approved. It
					 is recognized that some costs must be incurred before a proposed project can be
					 submitted with the required descriptive and cost data, although incurred prior
					 to project approval. All such pre-approval costs incurred within one year prior
					 to project submission are allowable.
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-110-00-3.24 - Eligible Applicants

Current through June 14, 2024
A. Land Trusts -
				  Land Trusts, as defined in §
										3.5 of this Part may apply
				  for Bikeway / Greenway Development funding. The State Greenways Council shall
				  be responsible for determining eligibility status to participate in the
				  Greenway Development Grant Rounds. Eligibility is based upon the adoption and
				  maintenance of an up-to-date Comprehensive Land Use Plan or Greenway Master
				  plan which adequately assesses the current and future recreation and open space
				  requirements. The plan shall include an implementation program and schedule for
				  actions proposed to address issues and needs expressed in the plan.
B. Municipal Agency - Municipal agencies, as
				  defined in §
										3.5 of this Part, may apply
				  for Bikeway / Greenway Development funds. The State Greenways Council shall be
				  responsible for determining eligibility status to participate in the Greenway
				  Development Grant Rounds. Eligibility is based upon the adoption and
				  maintenance of an up-to-date Comprehensive Land Use Plan or Greenway Master
				  Plan which adequately assesses the current and future recreation and open space
				  requirements and needs. The plan shall include an implementation program and
				  schedule for actions proposed to address issues and needs expressed in the
				  plan.
C. Environmental Non-Profit
				  Agency - Environmental Non-Profit agencies, as defined in §
										3.5 of this Part, may apply
				  for Bikeway / Greenway Development funds. The State Greenways Council shall be
				  responsible for determining eligibility status to participate in the Greenway
				  Development Grant Rounds. Eligibility is based upon the adoption and
				  maintenance of an up-to-date Greenway Master Plan which adequately assesses the
				  current and future recreation and open space requirements and needs. The plan
				  shall include an implementation program and schedule for actions proposed to
				  address issues and needs expressed in the plan.
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-110-00-3.25 - Matching Funds

Current through June 14, 2024
Local Bikeway Development & Recreation Greenway
					 Development Grants - Grants shall be for 50% of approved project costs.
					 Certification that all other necessary funds are available must be submitted
					 prior to the release of grant funds.