250 R.I. Code R. 250-RICR-150-15-3.13

Current through November 7, 2024

Section 250-RICR-150-15-3.13 - Application Relating to Farmers

3.13.1Definition of Farmer

A farmer, as defined in these Rules, means an individual, partnership or corporation that operates a farm and has filed a Form 1040F or comparable instrument with the U.S. Internal Revenue Service, has a State of Rhode Island farm tax number, and has earned ten thousand dollars ($10,000.00) gross income on farm products in each of the preceding four (4) years.

3.13.2Regulated Areas for Certain Farming and Ranching Activities by Farmers

A. The regulated areas for farmers, as defined herein, conducting normal farming and ranching activities or proposing to construct new farm ponds, new farm roads or new drainage structures, as specified in §§ 3.13.3 and 3.13.4 of this Part, shall include the following areas:

1. Freshwater wetlands;

2. Floodplains;

3. Areas subject to storm flowage;

4. Areas subject to flooding;

5. The land area within two hundred feet (200') of a flowing body of water having a width of ten feet (10') or more during normal flow;

6. The area of land within one hundred feet (100') of a flowing body of water having a width of less than ten feet (10') during normal flow;

7. The area of land within fifty feet (50') of a bog, marsh of one (1) acre or greater, swamp of three (3) acres or greater, and pond not less than one quarter (1/4) acre in extent.

3.13.3Normal Farming and Ranching Activities by Farmers

Within the areas specified in § 3.13.2 of this Part, it is permissible for farmers, as defined herein, to conduct normal farming and ranching activities in accordance with best farm management practices that assure the adverse effects to the chemical, biological and hydrologic characteristics of freshwater wetlands and the aquatic environment are minimized. Normal farming and ranching activities by farmers include plowing, seeding, cultivating, land clearing for routine agricultural purposes, harvesting of agricultural products, pumping of existing farm ponds for agricultural purposes, upland soil and water conservation practices, and maintenance of existing farm drainage structures, existing farm ponds and existing farm roads.

3.13.4New Farm Ponds, New Farm Roads or New Drainage Structures Proposed by Farmers

A. Within the areas specified in § 3.13.2 of this Part, farmers, as defined herein, proposing to construct new farm ponds, new farm roads or new drainage structures are required to submit an application to the Department's Division of Agriculture in accordance with the following procedure:

1. Applications shall be in writing and on a form prescribed by the Division of Agriculture.

2. The farmer shall include appropriate plans and drawings to a scale of not less than one inch (1") to one hundred feet (100') (1" = 100') with the application. The plans, designs and drawings shall be in accordance with the standards set by the United States Department of Agriculture, Natural Resource Conservation Service, the Division of Agriculture, or §§ 3.8.4 and 3.8.5 of this Part.

3. The Division of Agriculture shall review each application for its conformance to R.I. Gen. Laws § 2-1-22(i).

4. A written permit from the Division of Agriculture may be issued to a farmer for a proposed project or activity that is determined to be an insignificant alteration to freshwater wetlands and to the areas specified in § 3.13.2 of this Part.

5. If the proposed project or activity is a significant alteration, then the applicant is required to submit an Application for a Significant Alteration to the Department in accordance with § 3.12 of this Part.

B. Permits are not required for new farm ponds, new drainage structures or new farm roads proposed by farmers and which are to be located outside of freshwater wetlands and the areas specified in § 3.13.2 of this Part, provided that they do not result in the alteration of freshwater wetlands, buffers, floodplains, areas subject to flooding or areas subject to storm flowage.

3.13.5Agricultural Practices by Other Persons

A. Continuing or Expansion of Limited Agricultural Practices

1. Continuing agricultural practices in a jurisdictional area, including cutting or clearing of invasive plant species, by any property owner other than a farmer are permissible in accordance with § 3.6.1 of this Part provided that the activities are restricted to existing or approved gardens, pastures, and fields which have been in use on a regular basis. In regular use shall mean fields that are tilled, planted, or produce crops at least once within a twenty-four (24) month period; or pastures that are maintained to manage the growth of woody vegetation.

2. Expansion of existing gardens, pastures, and fields within a jurisdictional area is exempt, in accordance with § 3.6.1 of this Part, provided that:

a. No freshwater wetlands are altered; and

b. All activity is located outside of any designated buffer zone (see § 3.23 of this Part) and does not cause filling of any floodplains, areas subject to flooding or areas subject to storm flowage.

3. New farm ponds, new drainage structures or new farm roads proposed by persons not meeting the definition of a farmer in § 3.4(A)(26) of this Part, and located within a jurisdictional area, are subject to these Rules including the permitting provisions in §§ 3.7 through 3.14 of this Part.

4. Persons not meeting the definition of farmer in § 3.4(A)(26) of this Part proposing to establish new agricultural operations, including the clearing of land for agriculture purposes, are subject to these Rules including the permitting provisions in §§ 3.7 through 3.14 of this Part.

250 R.I. Code R. 250-RICR-150-15-3.13

Adopted effective 1/13/2022
Amended effective 7/15/2022