2012 -- H 7590 AS AMENDED

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LC01618

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO AGRICULTURE AND FORESTRY -- RIGHT TO FARM

     

     

     Introduced By: Representative Charlene Lima

     Date Introduced: February 16, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 2-23-4 of the General Laws in Chapter 2-23 entitled "Right to

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Farm" is hereby amended to read as follows:

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     2-23-4. "Agricultural operations" defined. -- (a) As used in this chapter, "agricultural

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operations" includes any commercial enterprise which has as its primary purpose horticulture,

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viticulture, viniculture, floriculture, arboriculture, forestry, stabling of horses, dairy farming, or

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aquaculture, or the raising of livestock, including for the production of fiber and wood mulch,

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furbearing animals, poultry, or bees, and all such other operations, uses, and activities as the

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director, in consultation with the chief of division of agriculture, may determine to be agriculture,

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or an agricultural activity, use or operation. As to arboriculture and wood mulch, this definition

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shall apply and be limited to those commercial enterprises that are licensed by the department of

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environmental management as of (effective date of act). The mixed-use of farms and farmlands

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for other forms of enterprise is hereby recognized as a valuable and viable means of contributing

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to the preservation of agriculture.

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      (b) Nothing herein shall be deemed to restrict, limit or prohibit nonagricultural

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operations from being undertaken on a farm except as otherwise restricted, regulated, limited or

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prohibited by law, regulation or ordinance or to affect the rights of persons to engage in other

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lawful nonagricultural enterprises on farms, provided, however, that the protections and rights

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established by this chapter shall not apply to such nonagricultural activities, uses or operations.

     

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SECTION 2. This act shall take effect upon passage.

     

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LC01618

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO AGRICULTURE AND FORESTRY -- RIGHT TO FARM

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     This act would include arboriculture and the production of wood mulch in the definition

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of agriculture operations.

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     This act would take effect upon passage.

     

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LC01618

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H7590