| Chapter 306 |
| 2016 -- S 2914 Enacted 07/02/2016 |
| A N A C T |
| RELATING TO AGRICULTURE AND FORESTRY - AGRICULTURE FUNCTIONS OF DEPARTMENT OF ENVIRONMENTAL MANAGEMENT |
| Introduced By: Senators Lynch Prata, Sosnowski, and Gallo |
| Date Introduced: April 14, 2016 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 2-1-20.1 of the General Laws in Chapter 2-1 entitled "Agricultural |
| Functions of Department of Environmental Management" is hereby amended to read as follows: |
| 2-1-20.1. Rules and regulations. -- (a) The director is authorized to adopt, modify, or |
| repeal rules and regulations that are in accord with the purposes of §§ 2-1-18 -- 2-1-27 and are |
| subject to the administrative procedures act, chapter 35 of title 42, except for those freshwater |
| wetlands located in the vicinity of the coast as set out in chapter 23 of title 46 which shall be |
| regulated by the coastal resources management council consistent with the provisions of chapter |
| 23 of title 46 and §§ 2-1-18 -- 2-1-20.1 and 2-1-27. |
| (b) The director is authorized to establish jurisdictional areas through regulation. The |
| rules and regulations promulgated pursuant to § 2-1-20.1 shall apply within the jurisdictional |
| areas defined in § 2-1-20 and subject to the provisions of § 2-1-22(k) and to activities as provided |
| for in § 2-1-21. |
| (c) Within twelve (12) eighteen (18) months from enactment of this section, the |
| department and the coastal resources management council shall promulgate standards for |
| freshwater wetland buffers and setbacks into state rules and regulations pursuant to their |
| respective authorities. The department and the coastal resources management council shall |
| collaborate to develop the state standards for freshwater buffers and setbacks that will be |
| incorporated into the programs of both agencies. State regulations designating buffers shall |
| include a procedure that allows a municipality to petition the agency director with jurisdiction to |
| increase the size of the buffer within the designated jurisdictional area protecting one or more |
| freshwater wetland resources. |
| (d) In developing standards specified in § 2-1-20.l(c), the department and the coastal |
| resources management council shall take into consideration agricultural and plant-based green |
| infrastructure practices and activities, while ensuring protection of the state's natural resources. In |
| setting criteria, the department shall take into account, at a minimum, existing land use, watershed |
| and wetland resource characteristics, and the type of activity including acceptable best |
| management practices. The director shall establish by appointment an advisory work group to |
| facilitate input on the development of criteria for freshwater wetland setbacks and buffers |
| applicable to agricultural activities and plant-based green infrastructure. The advisory group shall |
| include, at minimum, the following: one representative from the Rhode Island Farm Bureau, one |
| representative of the Rhode Island nursery and landscape association, one representative of the |
| department of environmental management agency agricultural advisory committee, an operator of |
| a small-scale agricultural enterprise, and one professional with expertise in soil and water |
| conservation practices. |
| SECTION 2. This act shall take effect upon passage. |
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| LC005726 |
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