SECTION 1. Section 45-22.2-4 of the General Laws in Chapter 45-22.2 entitled "Rhode Island Comprehensive Planning and Land Use Act" is hereby amended to read as follows:

45-22.2-4. Definitions. -- As used in this chapter the following words have the meanings stated herein:

(1) "Agricultural land" means land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farm land or additional farm land of statewide importance for Rhode Island by the soil conservation service of the United States department of agriculture.

(2) "Board" means the state comprehensive plan appeals board as established by chapter 22.3 of this title.

(3) "Capacity" or "land capacity" means the suitability of the land, as defined by geology, soil conditions, topography, and water resources, to support its development for uses such as residential, commercial, industrial, open space, or recreation. Land capacity may be modified by provision of facilities and services.

(4) "Capital improvements program" means a proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.

(5) "Coastal features" means those coastal features defined in chapter 23 of title 46.

(6) "Comprehensive plan" or "comprehensive land use plan" means a document containing the components described in this chapter, including the implementation program which is consistent with the goals and guidelines established by this chapter.

(7) "Council" means the state planning council as established by chapter 11 of title 42.

(8) "Days" means calendar days.

(9) "Director" means the director of administration.

(10) "Division of planning" means the office of state planning as established as a division of the department of administration by section 42-11-10(b).

(11) "Federally insured or assisted housing" means:

(i) Low income housing units insured or assisted under sections 221(d)(3) and 236 of the National Housing Act, 12 U.S.C. section 1701 et seq.;

(ii) Low income housing units produced with assistance under section 8 of the United States Housing Act of 1937, 42 U.S.C. section 1401 et seq.; and

(iii) Rural low income housing financed under section 515 of the Housing Act of 1949, 12 U.S.C. section 1715z.

(12) "Floodplains" or "flood hazard area" means an area that has a one percent (1%) or greater chance of inundation in any given year, as delineated by the federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448), 42 U.S.C. 4011 et seq.

(13) "Forecast" means a description of the conditions, quantities, or values anticipated to occur at a designated future time.

(14) "Goals" means those goals stated in section 45-22.2-3.

(15) "Historic district" means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, and has been registered, or is deemed eligible to be included, on the state register of historical places pursuant to section 42-45-5.

(16) "Historic site" means any real property, man made structure, natural object, or configuration or any portion or group of the preceding which has been registered, or is deemed eligible to be included, on the state register of historic places pursuant to section 42-45-5.

(17) "Improvement" means any man made, immovable item which becomes part of, placed upon, or is affixed to, real estate.

(18) "Land" means real property including improvements and fixtures on, above, or below the surface.

(19) "Land use regulation" means a rule or statute of general application adopted by the municipal legislative body which controls, directs, or delineates allowable uses of land and the standards for these uses.

(20) "Local government" means any governmental agency authorized by this chapter to exercise the power granted by this chapter.

(21) "Municipal legislative body" means the town meeting in a town; the town council in a town or the city council in a city; or that part of a municipal government that exercises legislative powers under a statute or charter.

(22) "Municipal reviewing authority" means the municipal planning board, or commission, or if none, the municipal officers.

(23) "Open space" means any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring the open space; provided that the area may be improved with only those buildings, structures, streets, and off-street parking, and other improvements that are designed to be incidental to the natural openness of the land.

(24) "Planning board" or "commission" means the body established by a municipality or combination of municipalities which has the responsibility to prepare a comprehensive plan and make recommendations concerning that plan to the municipal legislative body.

(25) "Program" means the statewide planning program established by chapter 11 of title 42.

(26) "State guide plan" means goals, policies, and plans or plan elements for the physical, economic, and social development of the state, adopted by the state planning council in accordance with section 42-11-10.

(27) "Voluntary association of local governments" means two or more municipalities who have joined together pursuant to a written agreement and pursuant to the authority granted under this chapter for the purpose of drafting a comprehensive land use plan and implementation program.

(28) "Wetland, coastal" means a salt marsh bordering on the tidal waters of this state and contiguous uplands extending no more than fifty (50) yards inland therefrom.

(29) "Wetland, freshwater" means a marsh, swamp, bog, pond, river, river or stream flood plain or bank; area subject to flooding or storm flowage; emergent or submergent plant community in any body of fresh water; or area within fifty feet (50') of the edge of a bog, marsh, swamp, or pond, as defined in section 2-1-20.

(30) "Zoning" means the reservation of certain specified areas within a community or city for building and structures, or use of land, for certain purposes with other limitations as height, lot coverage, and other stipulated requirements.

(31) "Low and Moderate Income Housing" means housing as defined in the federal Low Income Preservation and Resident Home Ownership Act of 1990 and as may be amended for both the purposes of this chapter and any reference to low and moderate income housing in relation to a Comprehensive Plan prepared and adopted pursuant to this chapter.

(32) "State or Regional Agency" means, for the purposes of this chapter, any state agency, department, public authority, public corporation, organization, commission, or other governing body with regulatory or other authority affecting the goals established either in this chapter or the state guide plan. Pursuant to section 45-22.2-2(f), the definition of state and regional agency shall not be construed to supersede or diminish any regulatory authority granted by state or federal statute.

SECTION 2. This act shall take effect upon passage.