Section 250-RICR-110-00-3.5 - DefinitionsA. For the purposes of these regulations, the following terms shall have the following meanings: 1. "Agricultural acquisition" means the purchase of development rights to land that has agricultural value.2. "Agricultural value" means five or more contiguous acres of land that is suitable for the production of crops or livestock by reference to soil type or existing use as set forth in the Farmland Preservation Act, R.I. Gen. Laws Chapter 42-82.3. "Bike path" means the route or right-of-way area, designed for multiple use of non-motorized bicycles, in-line skates, jogging, walking and, in specialized areas; equestrians.4. "Bikeway" means a linear, durably surfaced pathway, designed and constructed to safely accommodate usage by bicyclists and pedestrians for the purpose of recreational enjoyment and/or travel within or between communities. Bikeways must be principally separate, off-road facilities, and must connect destinations including public parks and open space areas, municipal and business centers, schools and other public facilities and/or regional or local bikeways. Bikeway, as defined herein includes "bicycle trails or paths" as defined in R.I. Gen. Laws § 31-1-23, but also includes facilities designated to accommodate compatible uses other than bicycles. Bikeways must prohibit motorized vehicle usage except by authorized public safety or maintenance vehicles.5. "DEM, Division of Planning and Development" means a division of the Rhode Island Department of Environmental Management that is authorized to administer the 1998 Bond Authorization.6. "Department of Environmental Management" means a department of the state government as described in the R.I. General Laws.7. "Development rights purchase" means the acquisition of the development rights as defined in R.I. Gen. Laws § 42-82-2 sufficient to insure preservation of the property in an undeveloped state in perpetuity.8. "Director" means the Director of the Rhode Island Department of Environmental Management.9. "Environmental non-profit agency" means a group or organization whose primary purpose is the protection and conservation of natural resources and is formed pursuant to R.I. Gen. Laws § 7-6-1 et. seq. or which otherwise qualifies as a tax exempt public charity under §510(c)(3) of the Internal Revenue Code.10. "Greenway" means corridor of protected open space managed for conservation, recreation and/or transportation purposes.11. "Greenspace" means land and water that is: a. Legally restricted or otherwise dedicated for purposes of conservation of natural resources and which is reserved in an undeveloped state; or,b. Legally restricted or otherwise reserved for purposes of public recreation and of which development is limited to structures and facilities essential to support public recreational usage.12. "Greenspace acquisition" means the purchase of fee simple, conservation easement or development rights of eligible land for the purpose of creating or maintaining a greenway consistent with the State Greenspace and Greenways Plan.13. "Greenways master plan" means a plan adopted by the governing body of an eligible applicant that specifies a vision, goals, policies, actions and priorities for creation and maintenance of a greenway or greenway system to be developed, operated and maintained by the applicant. Greenways Master Plans must include sufficient detail to establish the general feasibility of, delineate specific projects or phases, and identify funding and priorities for creation of a greenway or greenways system. Open Space and Recreation Elements of an adopted Local Comprehensive Plan containing such detail may be submitted by a municipal applicant as its greenways master plan.14. "Land and protection plan" means the plan adopted in 1996 by DEM entitled "Protecting Our Land Resources", to guide the department's land acquisition and protection activities.15. "Land trust" means an organizations incorporated pursuant to R.I. Gen. Laws § 7-6-1; or organizations meeting the definition of "charitable trust" set out in R.I. Gen. Laws § 18-9-4; or organizations duly existing as private non-profit organizations in other states or the District of Columbia among whose purposes is the preservation of open space, as the term is defined in R.I. Gen. Laws § 45-36-1. Further, all organizations must have been granted preliminary status as a tax-exempt corporation under §501(c)(3) of the Internal Revenue Code and its regulations, as they now exist or may hereafter be amended.16. "Local bikeway" means a bikeway as defined herein that is constructed, owned and operated by state or municipal agencies and/or a non-profit groups which is open to the public and is consistent with the State Greenspace and Greenways Plan, and that is principally designed to: a. Connect public parks and greenspace areas to municipal and business centers, schools and other public facilities, or otherwise accommodate recreational travel demands, generally within a single municipality, watershed or similar sub-state area, b. Serve as a collector or feeder to a regional bikeway corridor designated in the State Greenspace and Greenways Plan; c. Accommodate bicycle and pedestrian circulation needs within a single park or greenspace area managed for public recreational use and enjoyment.17. "Local comprehensive plan" means the plan adopted by each municipal agency and approved pursuant to R.I. Gen. Laws Chapter 45-22.2 specifying the future development of a community.18. "Municipal agency" means a unit of municipal government or an agency composed of representatives of several municipal governments among whose purposes is the preservation of open space, acquisition of recreation land or development of recreation land; said unit having the operational capability and legal authority to effectuate this purpose.19. "Natural value" means those geologic, hydrologic and biotic elements that occur in the state without human introduction.20. "Recreational greenway" means a greenway as defined herein, that is managed principally for public recreational use and enjoyment, but that also provides transportation, conservation, agricultural preservation or other functions as subsidiary benefits. Recreational greenways, include but are not limited to, land, water, and associated facilities (trails, river ways, walkway or paths, signage, etc.) providing a continuous corridor connecting parks, recreational sites, and other destinations within or between communities.21. "Rhode Island Greenways Council" means the council as created by R.I. Gen. Laws § 42-125-5.22. "Scenic value" means aesthetically appealing landscapes or views composed of natural and/or cultural features. 23. "SCORP" means the State Comprehensive Outdoor Recreation Plan adopted as element 152 of the State Guide Plan by the State Planning Council.24. "State greenspace and greenways plan" or "Greenways, Greenspace, element of the State Guide Plan" means the document entitled "A Greener Path: Greenspace and Greenways for Rhode Island's Future", and designated as Element 155 of the State Guide Plan, as adopted by the State Planning Council pursuant to R. I. Gen. Laws § 42-11-10, including any subsequent revisions or amendments thereof adopted by the State Planning Council.25. "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 R.I. Gen. Laws § 42-11-20.26. "Trail" means a thoroughfare or track across land, used for recreational purposes such as walking, hiking, skating, equestrian activities and bicycling.27. "Watershed council" means an organization recognized by the Rhode Island Rivers Council, responsible for advancing the purposes of R.I. Gen. Laws Chapter 46-28 and implementing the Rivers Policy and Classification Plan adopted as RI State Guide Plan Element 162. As used in these Rules and Regulations, all terms not defined herein shall have the meaning given them in R.I. Gen. Laws Chapter 42-35.250 R.I. Code R. 250-RICR-110-00-3.5