2017 -- H 6172

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LC002544

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- RIGHT TO FARM

     Introduced By: Representative Gregory J. Costantino

     Date Introduced: April 28, 2017

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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

Farm" is hereby amended to read as follows:

     2-23-4. "Agricultural operations" defined.

     (a) As used in this chapter, "agricultural operations" "primary agricultural operations"

includes any commercial enterprise that has as its primary purpose horticulture, viticulture,

viniculture, floriculture, forestry, stabling of horses, dairy farming, or aquaculture, or the raising

of livestock, including for the production of fiber, furbearing animals, poultry, or bees, and, other

than slaughtering of livestock, the processing and sale of products derived from such operations;

and all such other operations, uses, and activities as the director, in consultation with the chief of

division of agriculture, may determine to be agriculture, or an agricultural activity, use or

operation. The mixed-use of farms and farmlands for other forms of enterprise including, but not

limited to, the display of antique vehicles and equipment, retail sales, tours, classes, petting,

feeding and viewing of animals, hay rides, crop mazes, festivals and other special events are

hereby recognized as a valuable and viable means of contributing to the preservation of

agriculture.

     (b) "Secondary agricultural operations" means the use of farms and farmlands for other

forms of enterprise including, but not limited to, the display of antique vehicles and equipment,

retail sales, tours, classes, petting, feeding and viewing of animals, hay rides, crop mazes,

festivals, weddings, and other special events. Secondary agricultural operations are hereby

recognized as a valuable and viable means of contributing to the preservation of agriculture and

shall be supported under this chapter.

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

secondary agricultural operations from being undertaken on a farm or farmlands except as

otherwise restricted, regulated, limited, or prohibited by law, or regulation, or ordinance ;

provided, however, that any such law or regulation shall not interfere with any primary

agricultural operations or to affect the rights of persons to engage in other lawful nonagricultural

enterprises on farms; provided, however, that the protections and rights established by this

chapter shall not apply to such nonagricultural activities, uses or operations. A municipality may,

by ordinance, restrict, regulate, or limit, but not prohibit, secondary agricultural operations on

farms or farmland, provided that any restriction, regulation, or limitation on secondary

agricultural operations in any such ordinance shall not be unduly burdensome and shall be based

on a determination by the local police chief and fire chief or the local equivalent that such activity

is inimical to the public safety.

     SECTION 2. This act shall take effect upon passage.

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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 define secondary agricultural operations and would provide that

municipalities may limit and regulate secondary agricultural use but not prohibit such operations.

     This act would take effect upon passage.

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LC002544

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