2023 -- S 0500
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LC001633
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S TATE OF RHODE IS L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A CT
RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIONS OF
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Introduced By: Senators Raptakis, DiMario, Euer, Murray, and Tikoian
Date Introduced: March 07, 2023
Referred To: Senate Environment & Agriculture
It is enacted by the General Assembly as follows:
1 SECTION 1. Section 2-1-20.1 of the General Laws in Chapter 2-1 entitled "Agricultural
2 Functions of Department of Environmental Management" is hereby amended to read as follows:
3 2-1-20.1. Rules and regulations.
4 (a) The director is authorized to adopt, modify, or repeal rules and regulations that are in
5 accord with the purposes of §§ 2-1-18 — 2-1-27 and are subject to the administrative procedures
6 act, chapter 35 of title 42, except for those freshwater wetlands located in the vicinity of the coast
7 as set out in chapter 23 of title 46 which shall be regulated by the coastal resources management
8 council consistent with the provisions of chapter 23 of title 46 and §§ 2-1-18 — 2-1-20.1 and 2-1-
9 27.
10 (b) The director is authorized to establish jurisdictional areas through regulation. The rules
11 and regulations promulgated pursuant to § 2-1-20.1 shall apply within the jurisdictional areas
12 defined in § 2-1-20 and subject to the provisions of § 2-1-22(k) and to activities as provided for in
13 § 2-1-21.
14 (c) Within eighteen (18) months from enactment of this section, the department and the
15 coastal resources management council shall promulgate standards for freshwater wetland buffers
16 and setbacks into state rules and regulations pursuant to their respective authorities. The department
17 and the coastal resources management council shall collaborate to develop the state standards for
18 freshwater buffers and setbacks that will be incorporated into the programs of both agencies. State
1 regulations designating buffers shall include a procedure that allows a municipality to petition the
2 agency director with jurisdiction to increase the size of the buffer within the designated
3 jurisdictional area protecting one or more freshwater wetland resources.
4 (d) In developing standards specified in § 2-1-20.1(c), the department and the coastal
5 resources management council shall take into consideration agricultural and plant-based green
6 infrastructure practices and activities, while ensuring protection of the state’s natural resources. In
7 setting criteria, the department shall take into account, at a minimum, existing land use, watershed
8 and wetland resource characteristics, and the type of activity including acceptable best management
9 practices. The director shall establish by appointment an advisory work group to facilitate input on
10 the development of criteria for freshwater wetland setbacks and buffers applicable to agricultural
11 activities and plant-based green infrastructure. The advisory group shall include, at minimum, the
12 following: one representative from the Rhode Island Farm Bureau, one representative of the Rhode
13 Island nursery and landscape association, one representative of the department of environmental
14 management agency agricultural advisory committee, an operator of a small-scale agricultural
15 enterprise, and one professional with expertise in soil and water conservation practices.
16 (e) In the event a resident of the town of Coventry residing on littoral land or land adjacent
17 to a pond with a capacity greater than one hundred seventy (170) acres of water seeks to alter,
18 repair, modify or replace a dock on the pond, the resident shall only need approval from the
19 department of environmental management and the town of Coventry. For purposes of this
20 subsection "pond" has the same meaning as defined in § 2-1-20.
21 SECTION 2. This act shall take effect upon passage.
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 EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A CT
RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIONS OF
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
***
1 This act would permit residents on ponds in Coventry with a capacity in excess of one
2 hundred seventy (170) acres of water, to alter, repair, modify, or replace a dock on the pond by
3 seeking approval only from the department of environmental management and the town of
4 Coventry.
5 This act would take effect upon passage.
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Statutes affected:
500: 2-1-20.1