Chapter 314

2005 -- S 305 SUBSTITUTE A AS AMENDED

Enacted 07/15/05

A N A C T

RELATING TO AGRICULTURE AND FORESTRY

Introduced By: Senators Sosnowski, Breene, Blais, Bates, and Damiani

Date Introduced: February 09, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Title 2 of the General Laws entitled "Agriculture and Forestry" is hereby

amended by adding thereto the following chapter:

CHAPTER 23.1

NOTIFICATION TO FARMERS

2-23.1-1. Findings. – The general assembly finds and declares:

(a) That the preservation and expansion of agriculture are goals of the state;

(b) That among economic activities, agriculture is uniquely dependent on the land;

(c) That land use and water usage regulation and land taxation can have significant

impacts on the viability of agricultural operations;

(d) That the understanding of such impacts is often not widespread or readily included in

decision making; and

(e) That farmers, who have an appreciation of such impacts, may not know in a timely

manner that actions are being considered at the local level that could have a direct and significant

impact on agricultural operations.

2-23.1-2. Purpose. – The purpose of this chapter is to foster communications between

cities and towns and farmers on local actions that have a direct and significant impact on

agricultural operations.

2-23.1-3. Duties of the department. – The director of the department of environmental

management shall adopt such rules as may be necessary to effectuate the provisions of this

chapter. The division of agriculture shall by March 1, 2006, establish a list by city and town of

agricultural operations, as defined in section 2-23-4, that are ten (10) acres in size or greater and

that generated ten thousand dollars ($10,000) or more in gross annual income and shall provide

by April 15, 2006, to each city and town where such agricultural operations are located, a

notification list of such agricultural operations located in whole or in part in the city or town. The

list so established shall only include those agricultural operations that meet the criteria herein set

forth and that have applied in writing to be on the list. Applications to be on the list shall be made

not later than December 31, 2005, and shall include the name of the agricultural operations and

location, the name and mailing address of the person to receive notification, and such other

information as the department may require to determine whether the criteria set forth in this

section have been satisfied.

2-23.1-4. Notification by towns and cities. – Town and city councils shall provide by

ordinance for the notification to farmers on the list established by the division of agriculture as

provided for in section 2-23.1-3. Such ordinance shall designate the official or officials

responsible for providing the notification and shall provide that not later than seven (7) business

days after a matter subject to notification, as provided for in section 2-23.1-5, is formally

proposed for study or consideration by a public body in which the matter originates, written

notification of the matter shall be mailed to said farmers. The written notification shall, as a

minimum, state the matter subject to notification, the public body of the city or town which will

be studying or considering the matter, and provide the name of the city or town official, whom

one or more of said farmers may contact to request additional information about the matter or to

request a work session as provided for in section 2-23.1-6.

2-23.1-5. Matters subject to notification. – Matters subject to notification shall include

the following actions to: (a) change the zoning and/or permitted uses of land used for farming; (b)

designate or amend the designation of land used for farming in comprehensive plans or land use

ordinances; (c) change the manner taxation of real and personal property used for farming; (d)

establish or amend programs for the transfer of development rights affecting farming and hours

of operation of machinery and equipment used in farming; (e) regulate water use for farming

purposes; and (f) control noise and hours of operation of machinery and equipment used in farming.

2-23.1-6. Work sessions. – Any farmer who receives a notification as provided for in

section 2-23.1-4 may request in writing, within ten (10) business days after such notification, a

work session to review the impact of the matter subject to notification on farming. The request

shall be made to the official designated on the notification to receive such requests. Within twenty

(20) business days after the receipt of such a request, said official shall notify in writing all

farmers on the notification list of the request, providing the location, time and date of a work

session on the matter, which shall be not sooner than seven (7) business days after the date of the

notice of the said work session. The purpose of the work session shall be to review and consider

the effects of the matter subject to notification on farming. The work session shall be open to the

public and shall be prior to any final action on the matter subject to notification by the public

body in the city or town in which said matter originates, and the findings and conclusions of the

work session shall be reported to the public body. For any matter subject to notifications not more

than one work session shall be deemed to be required by the provisions of this chapter.

2-23.1-7. Emergency actions unimpaired. – The provisions of sections 2-23.1-4 and 2-

23.1-6 shall not be deemed to impair, limit, or restrict the power of a public body of a city or

town to take emergency actions of a temporary duration that are necessary to protect public

health, safety, or welfare.

2-23.1-8. Validity of actions. – Except in instances of knowing and willful

noncompliance with the provisions of this chapter, a failure to comply strictly with any of the

requirements of this chapter shall not be deemed to affect or impair the validity of any action

otherwise duly taken.

2-23.1-9. Severability. – If any clause, sentence, paragraph, section, or part of this

chapter shall be adjudged by any court of competent jurisdiction to be invalid, that judgment shall

not affect, impair, or invalidate the remainder of the chapter but shall be confined in its operation

to the clause, sentence, paragraph, section, or part directly involved in the controversy in which

that judgment shall have been rendered.

SECTION 2. This act shall take effect upon passage.     

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LC01457/SUB A

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