2-1-1 — 2-1-4. [Superseded.]

2-1-5. Agricultural institutes — Local associations.

The director of environmental management shall hold one agricultural institute in each county annually, either independently or in connection with any society, association, or other organization devoted to the same general objects, and may hold as many more as he or she deems expedient, and, as far as may be practicable, encourage state and local associations and societies in the interests of agriculture.

History of Section. G.L. 1896, ch. 99, § 4; G.L. 1909, ch. 120, § 4; G.L. 1923, ch. 241, § 4; G.L. 1938, ch. 201, § 2; G.L. 1956, § 2-1-5 .

2-1-6. Annual report — Publications.

The director of environmental management shall report annually to the general assembly at its January session. Two thousand (2,000) copies of the report shall be printed under the direction of the department of administration. The director shall distribute one copy of the report to each member of the general assembly, one to the city or town clerk of each town in the state for the use of the city or town, one to each public library, and a proper number to the University of Rhode Island, agricultural societies, farmers’ clubs and granges in the state, and shall make any exchanges with other like organizations as may be deemed expedient. The director may cause to be printed and distributed from time to time, in pamphlet form, an analysis of commercial fertilizers, and any other information that the interests of agriculture may require.

History of Section. G.L. 1896, ch. 99, § 7; G.L. 1909, ch. 120, § 7; G.L. 1923, ch. 241, § 7; G.L. 1938, ch. 201, § 5; impl. am. P.L. 1951, ch. 2686, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 2; G.L. 1956, § 2-1-6 .

2-1-7. [Obsolete.]

2-1-8. Promotion of Rhode Island grown farm products and Rhode Island seafood.

The director of environmental management shall establish and administer a program to promote the marketing of Rhode Island seafood and farm products grown and produced in Rhode Island for the purpose of encouraging the development of the commercial fishing and agricultural sectors in the state. The director of environmental management shall:

1. Collect and diffuse timely information relative to the seasonal supply, demand and prevailing prices of seafood and farm products, both at wholesale and retail, the movement of seafood and farm products through commercial channels, and the quantities and conditions of seafood and farm products in dry and cold storage.
2. Assist and advise in the organization and maintenance of producers’ and consumers’ cooperative selling and buying associations.
3. Investigate the cost of distributing seafood and farm products, both at wholesale and retail, and to publish these findings that may be of practical interest to the public.
4. Furnish advice and assistance to the public with reference to buying of seafood and farm products and other matters relative to seafood and farm products.
5. Take those lawful measures that may be deemed advisable to prevent waste or uneconomical use of seafood and farm products.
6. Cooperate with various state and federal agencies having to do with seafood and farm products.
7. Conduct efforts to promote interaction and business relationships between farmers, fishermen and restaurants, grocery stores, institutional cafeterias and other potential institutional purchasers of Rhode Island seafood and Rhode Island grown farm products, including, but not limited to:
   1. Organizing state-wide or regional events promoting Rhode Island grown or harvested seafood and farm products, where farmers, fishermen, and potential institutional customers are invited to participate. The director shall use his or her best efforts to solicit cooperation and participation from the farm, corporate, retail, wholesale and grocery communities in such advertising, internet-related and event planning efforts.
8. The director shall report annually to the general assembly having cognizance of matters relating to the environment on issues with respect to efforts undertaken pursuant to the requirements of this section. The director may adopt, in accordance with § 2-1-9 , such regulations as deemed necessary to carry out the purposes of this section.

History of Section. G.L. 1938, ch. 241, § 34; P.L. 1928, ch. 1181, § 1; G.L. 1938, ch. 209, § 2; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-1-8 ; P.L. 2012, ch. 37, § 2; P.L. 2012, ch. 38, § 2.

2-1-9. Enforcement of marketing laws.

It is the duty of the director of environmental management to assist in the enforcement of the provisions of §§ 2-1-8 — 2-1-12 , chapter 6 of this title and chapters 17 and 18 of title 21, and the provisions of any rule or regulations promulgated by the director of the department of environmental management to carry out those provisions. The general assembly shall annually appropriate any sum it may deem necessary to pay the salary and expenses of the director of environmental management.

History of Section. G.L. 1923, ch. 241, § 36, as enacted by P.L. 1926, ch. 789, § 1; P.L. 1927, ch. 1014, § 4; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 209, § 3; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-1-9 .

2-1-10. Inspection powers.

1. For the purpose of conducting inspections, the director of environmental management and the director of health, or any of his or her agents or deputies, have authority to enter, at any reasonable time, any building, storehouse, warehouse, cold-storage plant, packing house, stockyard, railroad yard, railroad car, or any other building or place where farm products are produced, kept, stored, or offered for sale, or to enter upon any farm land for the purpose of inspecting farm products.
2. The director of the department of environmental management, through the division of agriculture, shall continue to enforce the commercial growers of fruits and vegetables voluntary food safety program developed by the Food and Drug Administration and the United States Department of Agriculture known as Good Agricultural Practices (GAP), and shall enforce the Food Safety Modernization Act as it pertains to commercial growers of fruits and vegetables.

History of Section. G.L. 1923, ch. 241, § 37, as enacted by P.L. 1928, ch. 1181, § 2; G.L. 1938, ch. 209, § 4; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-1-10 ; P.L. 2017, ch. 213, § 1; P.L. 2017, ch. 243, § 1.

2-1-10.1. Assent to food safety modernization act.

The state of Rhode Island assents to the provisions of the act of Congress entitled “FDA Food Safety Modernization Act,” 21 U.S.C. § 2201 et seq., and the director of environmental management is authorized, empowered, and directed to perform those acts relating to produce on the farm that may be necessary for the modernization of the safety of the food supply, as defined in that act of Congress, in compliance with that act and with the rules and regulations promulgated by the Food and Drug Administration that are consistent with that act.

History of Section. P.L. 2019, ch. 122, § 1; P.L. 2019, ch. 134, § 1.

2-1-11. Administration of oaths — Subpoena of witnesses and papers.

The director of environmental management and the director of health have the power to administer oaths, summon and examine witnesses and order the production and examination of books, accounts, papers, records and documents in any proceeding within the jurisdiction of these directors. All subpoenas, and orders for the production of books, accounts, papers, records and documents shall be signed and issued by the directors and served as subpoenas in civil cases in the superior court as now served, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as provided for witnesses in civil cases in the superior court. If the person subpoenaed to attend before the directors fails to obey the command of the subpoena without reasonable cause, or if a person in attendance before the directors, without reasonable cause, refuses to be sworn, or to be examined, or to answer a legal and pertinent question, or if any person refuses to produce the books, accounts, papers, records and documents material to the issue, set forth in an order duly served on the person, the directors, as the case may be, may apply to any justice of the superior court for any county, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) nor more than five (5) days, directing the person to show cause before the justice who made the order or any other justice, why the person should not be adjudged in contempt. Upon the return of the order, the justice before whom the matter is brought for a hearing shall examine under oath the person, and the person shall be given an opportunity to be heard, and if the justice determines that the person has refused without reasonable cause or legal excuse to be examined or to answer a legal and pertinent question, or to produce books, accounts, papers, records and documents, material to the issue, which the person was ordered to bring or produce, the justice may forthwith commit the offender to jail, to remain until the person submits to do the act which the person was required to do, or is discharged according to law.

History of Section. G.L.1923, ch. 241, § 38, as enacted by P.L. 1928, ch. 1181, § 2; G.L. 1938, ch. 209, § 5; G.L. 1956, § 2-1-11 .

2-1-12. Enforcement of provisions — Prosecutions.

It is the duty of the director of environmental management and the director of health to enforce the provisions of §§ 2-1-8 — 2-1-12 and to prosecute every person, firm or corporation violating the provisions. If in the judgment of the directors any person, firm or corporation has deliberately violated the provisions of §§ 2-1-8 — 2-1-12 or of chapter 6 of this title or chapter 17 or 18 of title 21, the directors shall inform the attorney general who shall prosecute in the manner provided by law. Whenever any prosecution takes place, the director of environmental management and the director of health, or any of his or her agents or deputies, are not required to give surety for the payment of costs.

History of Section. G.L. 1923, ch. 241, § 39, as enacted by P.L. 1928, ch. 1181, § 2; G.L. 1938, ch. 209, § 6; G.L. 1956, § 2-1-12 .

2-1-13 — 2-1-17. Repealed.

2-1-18. Declaration of intent.

Whereas it is recognized that freshwater wetlands, buffers, floodplains, and other areas that may be subject to storm flows and flooding as defined in this chapter provide storage and absorption areas for flood waters which reduce flood hazards; and

Whereas all flood plains for all rivers, streams, and other water courses are certain to be overflowed with water periodically in spite of all reasonable efforts to prevent those occurrences; and

Whereas flood waters overflowing into freshwater wetlands, buffers, floodplains, and other areas that may be subject to storm flows and flooding are not only released more slowly downstream, thus reducing the damage they may cause, but flood waters may be absorbed into the ground water supply further reducing the flood hazard and recharging the vital ground water resource; and

Whereas precipitation patterns are known to be changing and Rhode Island has experienced a higher frequency of intense storm events resulting in flooding; and

Whereas freshwater wetlands and buffers are among the most valuable of all wildlife habitats and are high-value recreational areas as well, and wildlife and recreation are widely recognized as essential to the health, welfare, and general well-being of the general populace; and

Whereas it has been established through scientific study that activities conducted in lands adjacent to freshwater wetlands can exert influence on their condition, functions, and values and subsequently these lands should be protected; and

Whereas it has been established through scientific study that maintaining lands adjacent to freshwater wetlands as naturally vegetated buffers protects the functions and values of wetlands and that such buffers in and of themselves perform vital ecological functions; and

Whereas it has been established through scientific study that freshwater wetlands and buffers maintained in a natural condition can provide benefits to water quality through the filtering and uptake of water pollutants, retention of sediment, stabilizing shorelines, and other natural processes; and

Whereas freshwater wetlands, buffers, and floodplains, are increasingly threatened by random and frequently undesirable projects for drainage, excavation, filling, encroachment, or other forms of disturbance or destruction, and that a review of scientific literature indicates that aspects of existing state standards to protect these areas need to be strengthened; and

Whereas the protection of freshwater wetlands, buffers, floodplains, and other areas that may be subject to storm flows and flooding from random, unnecessary, and/or undesirable drainage, excavation, filling, encroachment, or any other form of disturbance or destruction is recognized as being in the best public interest and essential to the health, welfare, and general well-being of the general populace and essential to the protection of property and life during times of flood or other disaster affecting water levels or water supply;

Whereas the lack of uniform standards results in duplication of reviews administered by state and local governments and burdens businesses and property owners who require a predictable regulatory environment to be successful; and

Whereas it is recognized that statewide regulatory standards to protect freshwater wetlands, buffers, and floodplains are in the public interest, important to supporting economic vitality, and necessary to ensure protection is achieved in a consistent manner; and

Therefore, the provisions of the following sections are intended to preserve freshwater wetlands, buffers, and floodplains and regulate the use thereof through the establishment of jurisdictional areas and the regulation of activities consistent with this chapter.

History of Section. G.L. 1956, § 2-1-18 ; P.L. 1971, ch. 213, § 1; P.L. 2015, ch. 218, § 1.

2-1-19. Public policy on freshwater wetlands.

It is the public policy of the state to preserve the purity and integrity of the freshwater wetlands, buffers, and floodplains of this state. The health, welfare, and general well-being of the populace and the protection of life and property require that the state restrict the uses of freshwater wetlands, buffers, and floodplains and, in the exercise of the police power, regulate activities in jurisdictional areas and as otherwise provided for hereunder consistent with this chapter.

History of Section. G.L. 1956, § 2-1-19 ; P.L. 1971, ch. 213, § 1; P.L. 2015, ch. 218, § 1.

2-1-20. Definitions.

As used in this chapter;

1. “Area subject to flooding” shall include, but not be limited to, low-lying areas that collect, hold, or meter out storm and flood waters from any of the following: rivers, streams, intermittent streams, or areas subject to storm flowage.
2. “Area subject to storm flowage” includes drainage swales and channels that lead into, out of, pass through, or connect other freshwater wetlands or coastal wetlands, and that carry flows resulting from storm events, but may remain relatively dry at other times.
3. “Bog” means a place where standing or slowly running water is near or at the surface during normal growing season and/or where a vegetational community has over fifty percent (50%) of the ground or water surface covered with sphagnum moss (Sphagnum) and/or where the vegetational community is made up of one or more of, but not limited to nor necessarily including all of, the following: blueberries, and cranberry (Vaccinium), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea), sundews (Droseraceae), orchids (Orchidaceae), white cedar (Chamaecyparis thyoides), red maple (Acer rubrum), black spruce (Picae mariana), bog aster (Aster nemoralis), larch (Laris laricina), bogrosemary (Andromeda glaucophylla), azaleas (Rhododendron), laurels (Kalmia), sedges (Caryx), and bog cotton (Eriophorum).
4. “Buffer” means an area of undeveloped vegetated land adjacent to a freshwater wetland that is to be retained in its natural undisturbed condition, or is to be created to resemble a naturally occurring vegetated area.
5. “Department” means the department of environmental management (DEM).
6. “Director” means the director of the department of environmental management or his or her duly authorized agent or agents.
7. “Floodplain” means that land area adjacent to a river or stream or other body of flowing water which is, on the average, likely to be covered with flood waters resulting from a one-hundred (100) year frequency storm. A “one-hundred (100) year frequency storm” is one that is to be expected to be equaled or exceeded once in one hundred (100) years; or may be said to have a one percent (1%) probability of being equaled or exceeded in any given year.
8. “Freshwater wetlands” includes, but is not limited to, those areas that are inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support a prevalence of vegetation adapted for life in saturated soil conditions. Freshwater wetlands includes, but is not limited to: marshes, swamps, bogs, emergent, and submergent plant communities, and for the purposes of this chapter, rivers, streams, ponds, and vernal pools.
9. “Jurisdictional area” means the following lands and waters, as defined herein except as provided for in § 2-1-22(k) , that shall be subject to regulation under this chapter:
   1. Freshwater wetlands;
   2. Buffers;
   3. Floodplains;
   4. Areas subject to storm flowage;
   5. Areas subject to flooding; and
   6. Contiguous areas that extend outward:
      1. Two hundred feet (200´) from the edge of a river or stream;
      2. Two hundred feet (200´) from the edge of a drinking water supply reservoir; and
      3. One hundred feet (100´) from the edge of all other freshwater wetlands.
10. “Marsh” means a place wholly or partly within the state where a vegetational community exists in standing or running water during the growing season and/or is made up of one or more of, but not limited to nor necessarily including all of, the following plants or groups of plants: hydrophytic reeds (Phragmites), grasses (Cramineae), mannagrasses (Glyceria), cutgrasses (Leersia), pickerelwoods (Pontederiaceae), sedges (Cyperaceae), rushes (Juncaceae), cattails (Typha), water plantains (Alismataceae), bur-reeds (Sparganiazceae), pondweeds (Zosteraceae), frog’s bits (Hydrocharitaceae), arums (Araceae), duckweeds (Lemmaceae), water lilies (Nymphaeceae), water-milfoils (Haloragaceae), water-starworts (Callitrichaeceae), bladder-worts (Utricularia), pipeworts (Eriocaulon), sweet gale (Myrica gale), and buttonbush (Cephalanthus occidentalis).
11. “Near or at the surface” mean within eighteen (18) inches of the surface.
12. “Pond” means a place natural or man-made, wholly or partly within the state, where open-standing or slowly moving water is present for at least six (6) months a year.
13. “River” means a body of water designated as a perennial stream by the United States Department of Interior geologic survey on 7.5 minute series topographic maps and that is not a pond as defined in this section.
14. “Setback” means the minimum distance from the edge of a freshwater wetland at which an approved activity or alteration may take place.
15. “Stream” means any flowing body of water or watercourse that flows long enough each year to develop and maintain a channel and that may carry groundwater discharge or surface runoff.
16. “Swamp” means a place, wholly or partly within the state, where ground water is near or at the surface of the ground for a significant part of the growing season or runoff water from surface drainage collects frequently and/or where a vegetational community is made up of a significant portion of one or more of, but not limited to nor necessarily including all of, the following: red maple (Acer rubum), elm (Ulmus americana), black spruce (Picea mariana), white cedar (Chamaecyparis thyoides), ashes (Fraximus), poison sumac (Rhus vernix), larch (Larix laricina), spice bush (Lindera benzoin), alders (Alnus), skunk cabbage (Symplocarpus foetidus), hellebore (Veratrum viride), hemlock (Thuja canadensis), sphagnums (Sphagnum), azaleas (Rhododendron), black alder (Ilex verticillata), coast pepperbush (Clethra alnifolia), marsh marigold (Caltha palustris), blueberries (Vaccinium), buttonbush (Cephalanthus occidentalis), willow (Salicaceae), water willow (Decodon verticillatus), tupelo (Nyssa sylbatica), laurels (Kalmia), swamp white oak (Quercus biscolor), or species indicative of marsh.
17. “Vernal pool” means a depressional wetland basin that typically goes dry in most years and may contain inlets or outlets, typically of intermittent flow. Vernal pools range in both size and depth depending upon landscape position and parent materials. Vernal pools usually support one or more of the following obligate indicator species: wood frog (Lithobates sylvaticus), spotted salamander (Ambystoma maculatum), marbled salamander (Ambystoma opacum), and fairy shrimp (Eubranchipus spp.) and typically preclude sustainable populations of predatory fish.

History of Section. G.L. 1956, § 2-1-20 ; P.L. 1971, ch. 213, § 1; P.L. 1974, ch. 197, § 2; P.L. 1979, ch. 20, § 1; P.L. 2015, ch. 218, § 1.

2-1-20.1. Rules and regulations.

1. 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 .
2. 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 .
3. Within 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.
4. In developing standards specified in § 2-1-20.1(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.

History of Section. P.L. 1974, ch. 197, § 1; P.L. 1999, ch. 501, § 2; P.L. 2015, ch. 218, § 1; P.L. 2016, ch. 306, § 1; P.L. 2016, ch. 321, § 1.

2-1-20.2. Designation of wetlands, buffers, and floodplains.

The director is authorized to determine which areas are to be known as freshwater wetlands, buffers, and floodplains, areas subject to flooding, and areas subject to storm flowage.

History of Section. G.L. 1956, § 2-1-20.2 ; P.L. 1974, ch. 197, § 1; P.L. 1983, ch. 174, § 1; P.L. 2015, ch. 218, § 1.

2-1-20.3. Inspection — Penalty.

1. The director is authorized to enter, examine, or survey, at any reasonable time, any places that he or she considers necessary to carry out his or her responsibilities under §§ 2-1-18 — 2-1-24 without a warrant.
2. Any person who willfully impedes or obstructs an inspection, examination, or survey by the director or the director’s agents shall, upon conviction, be punished by a fine not exceeding one hundred dollars ($100), or by imprisonment not exceeding thirty (30) days, or both.

History of Section. G.L. 1956, § 2-1-20.3 ; P.L. 1974, ch. 197, § 1.

2-1-21. Approval of director.

1. 1. No person, firm, industry, company, corporation, city, town, municipal or state agency, fire district, club, nonprofit agency, or other individual or group may:
      1. Excavate; drain; fill; place trash, garbage, sewage, highway runoff, drainage ditch effluents, earth, rock, borrow, gravel, sand, clay, peat, or other materials or effluents upon; divert water flows into or out of; dike; dam; divert; change; add to or take from or otherwise alter the character of any freshwater wetland, buffer, or floodplain as defined in § 2-1-20 without first obtaining the approval of the director of the department of environmental management; or
      2. Undertake any activity within a jurisdictional area, as defined in § 2-1-20 , that may alter the character of the freshwater wetland, buffer, or floodplain without first obtaining the approval of the director of the department of environmental management.
   2. Approval will be denied if, in the opinion of the director, granting of approval would not be in the best public interest.
   3. Appeal from a denial may be made to the superior court following the exhaustion of administrative appeals provided through the administrative adjudication division established by chapter 17.7 of title 42.
   4. In the event of any alteration by a city or town of surface water impoundments used for drinking water supply, limited to maintenance within existing boundary perimeters of the impoundment, no approval shall be required; provided that the city or town advises the director at least twenty (20) days prior to commencing the maintenance work. The city or town shall advise the director in writing, describing the location and nature of the work, anticipated times of commencement and completion, and methods to be used to reduce adverse impacts on the freshwater wetland, buffer, or floodplain. The director shall advise the city or town of any concerns with the impact of the proposed maintenance on the freshwater wetland, buffer, floodplain or water quality.
2. Whenever a landowner is denied approval to alter a freshwater wetland by the director under subsection (a), the landowner may elect to have the state acquire the land involved by petitioning to the superior court. If the court determines that the proposed alteration would not essentially change the natural character of the land; would not be unsuited to the land in the natural state; and would not injure the rights of others, the court shall, upon determining the fair market value of the freshwater wetland, based upon its value as a freshwater wetland, direct the state, if approval was denied by the director, to pay to the landowner the fair market value of the freshwater wetland. If the state declines the acquisition, the landowner may proceed to alter the freshwater wetland as initially requested. Any amount paid by the state shall be paid from any funds in the treasury not otherwise appropriated.

History of Section. G.L. 1956, § 2-1-21 ; P.L. 1971, ch. 213, § 1; P.L. 1974, ch. 197, § 2; P.L. 1981, ch. 17, § 1; P.L. 1983, ch. 9, § 1; P.L. 2015, ch. 218, § 1.

2-1-22. Procedure for approval by director — Notice of change of ownership — Recordation of permit.

1. Application for approval of a project to the director of environmental management shall be made in a form to be prescribed by the director and provided by the director upon request. Prior to the application, a request may be made for preliminary determination as to whether this chapter applies. A preliminary determination shall be made by the director only after an on-site review of the project and the determination shall be made within thirty (30) days of the request. This chapter shall be determined to apply if a significant alteration appears to be contemplated and an application to alter a freshwater wetland, buffer, or floodplain will be required. Within fourteen (14) days after receipt of the completed application accompanied by plans and drawings of the proposed project, the plans and drawings to be prepared by the registered professional engineer to a scale of not less than one inch (1") to one hundred feet (100'), the director shall notify all landowners whose properties are within two hundred feet (200') of the proposed project and the director will also notify the city or town council, the conservation commission, the planning board, the zoning board, and any other individuals and agencies in any city or town within the borders of which the project lies that may have reason, in the opinion of the director, to be concerned with the proposal. The director may also establish a mailing list of all interested persons and agencies who or that may wish to be notified of all applications.
2. If the director receives any objection to the project within forty-five (45) days of the mailing of the notice of application from his or her office, the objection to be in writing and of a substantive nature, the director shall then schedule a public hearing in an appropriate place as convenient as reasonably possible to the site of the proposed project. The director shall inform by registered mail all objectors of the date, time, place, and subject of the hearing to be held. The director shall further publish notice of the time, place, date, and subject of the hearing in one local newspaper circulated in the area of the project and one statewide newspaper, the notices to appear once per week for at least two (2) consecutive weeks prior to the week during which the hearing is scheduled. The director shall establish a reasonable fee to cover the costs of the investigations, notifications and publications, and hearing and the applicant shall be liable for the fee.
3. If no public hearing is required, or following a public hearing, the director shall make his or her decision on the application and notify the applicant by registered mail and the applicant’s attorney and any other agent or representative of the applicant by mail of this decision within a period of six (6) weeks. If a public hearing was held, any persons who objected, in writing, during the forty-five (45) day period provided for objections shall be notified of the director’s decision by first-class mail.
4. In the event of a decision in favor of granting an application, the director shall issue a permit for the applicant to proceed with the project and shall require the applicant to pay a permit fee of one hundred dollars ($100). The permit may be issued upon any terms and conditions, including time for completion, that the director may require. Permits shall be valid for a period of one year from the date of issue and shall expire at the end of that time unless renewed. A permit may be renewed for up to three (3) additional one-year periods upon application by the original permit holder or a subsequent transferee of the property subject to permit, unless the original permit holder or transferee has failed to abide by the terms and conditions of the original permit or any prior renewal. The director may require new hearings if, in his or her judgment, the original intent of the permit is altered or extended by the renewal application or if the applicant has failed to abide by the terms of the original permit in any way. In addition, in the event a project authorized by a permit was not implemented by the permit holder or transferee because approval of the project by a federal agency, for which application had been timely made, had not been received or a federal agency had stopped the project from proceeding, prior to the expiration of the permit, the permit holder or transferee may apply for a renewal of the permit at any time prior to the tenth (10th) anniversary of the original issuance, and the application shall be deemed to be an insignificant alteration subject to expedited treatment. The request for renewal of a permit shall be made according to any procedures and form that the director may require.
5. The original permittee or subsequent transferee shall notify the director, in writing, of any change of ownership that occurs while an original or renewal permit is in effect by forwarding a certified copy of the deed of transfer of the property subject to the permit to the director.
6. A notice of permit and a notice of completion of work subject to permit shall be eligible for recordation under chapter 13 of title 34 and shall be recorded at the expense of the applicant in the land evidence records of the city or town where the property subject to permit is located and any subsequent transferee of the property shall be responsible for complying with the terms and conditions of the permit.
7. The director shall notify the person requesting a preliminary determination and the person’s attorney, agent, and other representative of his or her decision by letter, copies of which shall be sent by mail to the city or town clerk, the zoning board, the planning board, the building official, and the conservation commission in the city or town within which the project lies.
8. The director shall report to the general assembly on or before February 1 of each calendar year on his or her compliance with the time provisions contained in this chapter.
9. Normal farming activities shall be considered insignificant alterations and, as normal farming activities, shall be exempted from the provisions of this chapter in accordance with the following procedures:
   1. Normal farming and ranching activities are those carried out by farmers as defined in this title, including plowing, seeding, cultivating, land clearing for routine agriculture 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 are permissible at the discretion of farmers in accordance with best farm management practices which assure that the adverse effects to the flow and circulation patterns and chemical and biological characteristics of freshwater wetlands are minimized and that any adverse effects on the aquatic environment are minimized.
   2. In the case of construction of new farm ponds, construction of new drainage structures, and construction of new farm roads, the division of agriculture shall be notified by the filing of a written application for the proposed construction by the property owner. The application shall include a description of the proposed construction and the date upon which construction is scheduled to begin, which date shall be no earlier than thirty (30) calendar days after the date of the filing of the application. The division of agriculture shall review such applications to determine that they are submitted for agricultural purposes and to ensure that adverse effects to the flow and circulation patterns and chemical and biological characteristics of freshwater wetlands are minimized and that any adverse effects on the aquatic environment are minimized and will not result in a significant alteration to the freshwater wetlands. Pursuant to this review, the division shall notify the applicant, in writing, whether the proposal is an insignificant alteration. This notice shall be issued not later than thirty (30) days after the date that the application was filed with the division. In the event notice is given by the division as required, the application shall be conclusively presumed to be an insignificant alteration. If no notice is given as required, or if an application is approved as an insignificant alteration, the applicant may cause construction to be done in accordance with the application, and neither the applicant, nor the applicant’s agents or employees who cause or perform the construction in accordance with the application, shall be liable for any criminal, civil, administrative or other fine, fee, or penalty, including restoration costs for violations alleged to arise from the construction.
   3. The division of agriculture shall, in coordination with the agricultural council’s advisory committee, adopt regulations for subdivision (i)(2), and shall determine whether a proposed activity, other than an activity listed in subdivision (i)(1), constitutes a normal farming activity, or involves the best farm management practices. In making such a determination, the division of agriculture shall consider the proposed activity on a case-by-case basis, relative to the characteristics of the particular jurisdictional area in which the activity is proposed, and shall consider whether the activity incorporates best farm management practices and ensures that adverse effects to the flow and circulation patterns and chemical and biological characteristics of freshwater wetlands, buffers, and floodplains are minimized and that any adverse effects on the aquatic environment are minimized in each instance.
   4. Except as otherwise provided for farm road construction, filling of freshwater wetlands conforms to the provisions of this chapter.
10. For the purposes of this section, a “farmer” is an individual, partnership, or corporation who operates a farm and has filed a 1040F U.S. Internal Revenue Form with the Internal Revenue Service, has a state farm tax number, and has earned ten thousand dollars ($10,000) gross income on farm products in each of the preceding four (4) years.
11. For the purposes of this section as applicable to normal farming and ranching activities specified in §§ 2-1-22(i)(1) and (i)(2) above, freshwater wetlands shall be defined as: freshwater wetlands, floodplains, areas subject to storm flowage, areas subject to flooding as defined in § 2-1-20 and 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; 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; and the area of land within fifty feet (50´) of a bog, marsh of one acre or greater, swamp of three (3) acres or greater and pond not less than one quarter (1/4) acre in extent. These areas shall also serve as the jurisdictional area.

History of Section. G.L. 1956, § 2-1-22 ; P.L. 1971, ch. 213, § 1; P.L. 1974, ch. 197, § 2; P.L. 1977, ch. 116, § 1; P.L. 1979, ch. 20, § 1; P.L. 1980, ch. 216, § 1; P.L. 1981, ch. 390, § 1; P.L. 1982, ch. 124, § 1; P.L. 1988, ch. 415, § 1; P.L. 1996, ch. 428, § 1; P.L. 2004, ch. 595, art. 33, § 1; P.L. 2015, ch. 218, § 1.

2-1-23. Violations.

In the event of a violation of § 2-1-21 , the director of environmental management has the power to order complete restoration of the freshwater wetland, buffer, floodplain, or other jurisdictional area involved by the person or agent responsible for the violation. If the responsible person or agent does not complete the restoration within a reasonable time following the order of the director of the department of environmental management, the director has the authority to order the work done by an agent of the director’s choosing and the person or agent responsible for the original violation is liable for the cost of the restoration. The violator is liable for a fine not exceeding five thousand dollars ($5,000) for each violation, except that if the violator knowingly or recklessly alters a freshwater wetland, buffer, floodplain or other jurisdictional area without a permit or approval from the director; knowingly or recklessly alters a freshwater wetland, buffer, floodplain or other jurisdictional area in violation of the rules or regulations promulgated by the director; or alters a freshwater wetland, buffer, floodplain or other jurisdictional area in violation of a permit issued by the director, then the violator is liable for a fine not exceeding ten thousand dollars ($10,000) for each violation.

History of Section. G.L. 1956, § 2-1-23 ; P.L. 1974, ch. 197, § 2; P.L. 2004, ch. 429, § 1; P.L. 2015, ch. 218, § 1.

2-1-24. Notice to cease operation and relief in equity — Penalty.

1. Whenever any person, firm, industry, company, corporation, city, town, municipal or state agency, fire, district, club, or other individual or group commences any activity set forth in § 2-1-21 without first having obtained the approval of the director, or violates any rule or regulation of the director, the director has the power by written notice to order the violator to cease and desist immediately and/or restore the freshwater wetlands, buffers, floodplains, or other jurisdictional areas to their original state insofar as possible. Any order or notice to restore freshwater wetlands, buffers, floodplains, or other jurisdictional areas is eligible for recordation under chapter 13 of title 34 and shall be recorded in the land evidence records in the city or town where the property subject to the notice is located and any subsequent transferee of the property is responsible for complying with the requirements of the order or notice. If the violator and/or subsequent transferee is ordered to restore the freshwater wetlands, buffer, floodplain, or other jurisdictional area to the original state, and the violator and/or subsequent transferee does not complete the restoration within a reasonable time following the order of the director, the director has the authority to order the work done by an agent of the director’s choosing, and the person, agent, or subsequent transferee is liable for the cost of the restoration. If the violator and/or subsequent transferee does not conform to the director’s order, the director may bring prosecution by complaint and warrant and the prosecution shall be made in the district court of the state. The director, without being required to enter into any recognizance or to give surety for cost, may institute the proceedings in the name of the state. It is the duty of the attorney general to conduct the prosecution of all proceedings brought by the director.
2. The director may obtain relief in equity or by prerogative writ whenever relief is necessary for the proper performance of duties under §§ 2-1-18 — 2-1-27 .
3. Any person who violates an order of the director shall be punished by a fine not exceeding five hundred dollars ($500), or by imprisonment not exceeding thirty (30) days, or by both, and every person is deemed guilty of a separate and distinct offense for each day during which the violation is repeated or continued.
4. [Deleted by P.L. 2015, ch. 218, § 1].

History of Section. P.L. 1971, ch. 213, § 1; P.L. 1974, ch. 197, § 2; P.L. 1976, ch. 89, § 1; P.L. 1977, ch. 116, § 1; P.L. 1980, ch. 406, § 10; P.L. 1988, ch. 231, § 1; P.L. 2015, ch. 218, § 1.

2-1-25. Severability.

If any provision of §§ 2-1-20 — 2-1-28 , or of any rule, regulation, or determination made under these sections, or the application of these sections to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of §§ 2-1-20 — 2-1-28 , or the rule, regulation, or determination, and the application of those provisions to other persons, agencies, or circumstances, shall not be affected. The invalidity of any section or sections or parts of any section or sections of §§ 2-1-20 — 2-1-28 shall not affect the validity of the remainder of §§ 2-1-20 — 2-1-28.

History of Section. G.L. 1956, § 2-1-25 ; P.L. 1974, ch. 197, § 5; P.L. 2015, ch. 218, § 1.

2-1-26. Repealed.

History of Section. P.L. 1983, ch. 175, § 1; Repealed by P.L. 1992, ch. 425, § 2, effective June 1, 1993.

2-1-27. Access to information on freshwater wetland applications.

The directors of the department and the coastal resources management council shall establish procedures that will provide municipalities and the public with access to information concerning freshwater wetland permit applications filed with the state. Procedures shall be designed to facilitate municipal input during the permit application review process and shall, to the extent feasible, utilize information technology to automate making information available in a timely manner. Procedures to facilitate local input shall be established and implemented in a manner that avoids introducing delay in issuance of permit decisions.

History of Section. P.L. 2015, ch. 218, § 2.

2-1-28. Effect on zoning ordinances.

Local zoning ordinances and regulations that are inconsistent with this chapter shall be amended to conform to the requirements of § 45-24-30 .

History of Section. P.L. 2015, ch. 218, § 2.

2-2-1. Assent to federal grant.

The general assembly assents to and accepts the provisions of an act passed by the sixty-eighth congress entitled “An act to authorize the more complete endowment of agricultural experiment stations, and for other purposes”.

History of Section. P.L. 1925, ch. 619, § 1; G.L. 1938, ch. 203, § 1; G.L. 1956, § 2-2-1 .

2-2-2. Annual report to governor.

It shall be the duty of the experiment station at the University of Rhode Island, on or before the first day of February, annually, to make a full and detailed report of its operations to the governor, including a statement of its receipts and expenditures for the fiscal year ending on the thirtieth (30th) day of November in the year next preceding.

History of Section. P.L. 1925, ch. 619, § 2; G.L. 1938, ch. 203, § 2; impl. am. P.L. 1951, ch. 2686, § 1; G.L. 1956, § 2-2-2 .

2-3-1. Definitions.

As used in this chapter:

1. “Agriculture council” means an organization composed of groups engaged in supporting and promoting the interests of agriculture within this state and providing educational and informative material to its citizens.
2. “Cooperative extension” means a partnership made up of residents, the Land Grant College (the University of Rhode Island), the state of Rhode Island, the U.S. Department of Agriculture, and city and town governments. The purpose of this partnership is to plan, finance, and operate extension programs transmitting practical information including, but not limited to, agriculture, home economics, natural and community resources, and 4-H youth development produced by research centers and universities to the public.
3. “District association” means a county or district organization established to undertake the purposes of cooperative extension and to cooperate with the Land Grant College (the University of Rhode Island), the U.S. Department of Agriculture, and the state, in employing extension agents and in carrying on cooperative extension work.
4. “Extension agents” means a person or persons qualified by training and experience to instruct in the science and art of agriculture, home economics, natural and community resources, and 4-H youth development who devote their time to demonstrations and other forms of educational instruction.

History of Section. P.L. 1988, ch. 553, § 2.

2-3-2. Cooperative extension district associations.

There shall be three (3) cooperative extension district associations: (1) The southern Rhode Island cooperative extension service comprising Washington and Kent counties; (2) The eastern Rhode Island cooperative extension service comprising Newport and Bristol counties; and (3) The northern Rhode Island cooperative extension service comprising Providence county.

History of Section. P.L. 1988, ch. 553, § 2.

2-3-3. Organizational requirements for participation.

The cooperative extension district associations are incorporated under the laws of Rhode Island; are governed by boards of directors selected to represent as evenly as possible all parts of their respective districts; and shall maintain and abide by the memorandum of agreement with the director of cooperative extension at the University of Rhode Island.

History of Section. P.L. 1988, ch. 553, § 2.

2-3-4. Receipts and disbursement of funds for cooperative extension work.

The district associations organized under this chapter are authorized to receive funds from the United States Department of Agriculture, the state, the cities and towns of the state, and from individuals, organizations, corporations, and other funding sources that may desire to contribute to the educational work contemplated by this chapter. The district associations are authorized to disburse the funds received in employing extension agents, defraying their expenses, and providing support personnel, office facilities, and materials for demonstrations and other forms of education and instruction according to plans and methods approved by the United States Department of Agriculture for carrying out the provisions of the federal Smith-Lever Act, 7 U.S.C. § 341 et seq., and any subsequent act providing for extension work and by the University of Rhode Island.

History of Section. P.L. 1988, ch. 553, § 2.

2-3-5. Annual report of activities.

It is the duty of each district association to present annually to the secretary of state a full report of its activities for the preceding year including a statement of its receipts from all sources and disbursements.

History of Section. P.L. 1988, ch. 553, § 2.

2-3-6. Raising of local funds — Amount of state contributions — Local matching funds.

1. Each district association shall raise funds for the purposes provided in this chapter. Each city or town within its respective district is authorized to appropriate and turn over to the treasurer of the association serving that district any sums that the city or town may approve.
2. For the purpose of paying the state’s share of the annual expenses of the cooperative educational work provided for in §§ 2-3-1 — 2-3-6 , the general assembly shall annually appropriate any sum that it deems necessary. Any district association not raising within the district covered by the district association, exclusive of funds received from any agency of the United States, an amount equal to the sum appropriated by the state for use by that district association shall draw from the state appropriation during the fiscal year only a sum equal to the amount raised by that district association, exclusive of funds received from any agency of the United States, and expended during the fiscal year as shown by a certificate filed in the office of the state controller, sworn to by the president and treasurer of the district association. The state controller is authorized and directed to draw orders upon the general treasurer for the payment of any sums authorized upon the presentation of the certificates and vouchers signed respectively by the president and treasurer of the district association.

History of Section. P.L. 1988, ch. 553, § 2.

2-3-7. Cooperation in 4-H youth development activities.

The director of cooperative extension at the Land Grant College (the University of Rhode Island) is authorized to provide support in cooperation with the district associations for annual 4-H activities and events, including fairs, demonstrating the work of 4-H members, and for contests, competitions, premiums and awards, and when deemed essential, for representation by carefully chosen Rhode Island 4-H members at 4-H conferences or exhibitions throughout the United States.

History of Section. P.L. 1988, ch. 553, § 2.

2-3-8. Appropriations for 4-H youth development activities.

The sum of four thousand five hundred dollars ($4,500) is annually appropriated, out of any money in the treasury not otherwise appropriated, to be expended by the respective officers of the three (3) district associations:

1. Fifteen hundred dollars ($1,500) to the eastern Rhode Island cooperative extension service for expenses in connection with its annual 4-H fair and/or other 4-H activities;
2. Fifteen hundred dollars ($1,500) to the northern Rhode Island cooperative extension service for expenses in connection with its annual 4-H fair and/or other 4-H activities; and
3. Fifteen hundred dollars ($1,500) to the southern Rhode Island cooperative extension service for expenses in connection with its annual 4-H fair and/or other 4-H activities;

   The state controller is hereby authorized and directed to draw orders upon the general treasurer for the payment of this money, or so much as may be required from time to time, upon the receipt by the state controller of properly authenticated vouchers.

History of Section. P.L. 1988, ch. 553, § 2.

2-3-9. Annual appropriation to the Rhode Island agricultural council.

The sum of five thousand dollars ($5,000) is annually appropriated out of any money in the treasury not otherwise appropriated to the Rhode Island agricultural council to support its efforts to improve the agricultural economy of Rhode Island. The state controller is authorized and directed to draw orders upon the general treasurer for the payment of this money, or so much as may be required from time to time, upon receipt by the state controller of properly authenticated vouchers.

History of Section. P.L. 1988, ch. 553, § 2.

2-3-10. Appropriations for general education purposes.

The general assembly shall annually appropriate any sum that it may deem necessary for the purpose of supporting the program of the department of environmental management in its enlargement of cooperation with agricultural organizations as exemplified by the Rhode Island agricultural council in the endeavor to promote, encourage, generally better rural living in Rhode Island; to encourage and promote agriculture in this state and improve the state’s agricultural interests; to hold meetings throughout the state with discussions conducted by authorities from both within and without the state; to make awards for outstanding agricultural contributions, and to assist Rhode Island agriculturalists in every way to overcome the problems that confront them in the agricultural field. This sum is to be expended under the direction of the director of the department of environmental management with a committee of five (5) members of the Rhode Island agricultural council appointed annually by the president of the council within thirty (30) days after the annual meeting of the council. The committee is to act in an advisory capacity and to assist in the formulation of plans and programs.

History of Section. P.L. 1988, ch. 553, § 2; P.L. 2016, ch. 512, art. 2, § 35.

2-3-11. Annual report by the Rhode Island agricultural council.

The Rhode Island agricultural council shall make an annual report to the director of the department of environmental management.

History of Section. P.L. 1988, ch. 553, § 2.

2-4-1. Legislative determinations and declaration of policy.

In recognition of the ever increasing environmental problems resulting from demands on the land and renewable resources of the state and of the need to preserve, protect and develop these resources of the state at a rate and level of quality to meet the needs of the people of the state, and the need for environmental balance, it is hereby declared to be the policy of the state to provide for the conservation of the land and renewable natural resources using those measures that best meet these objectives, including, but not limited to, the control and prevention of erosion, control of floods, the conservation and development of water resources and the improvement of water quality; assistance in the conservation of coastal land and water resources, the prevention of impairment of dams and reservoirs by sediment, the protection of wildlife, and preservation of natural beauty, and to protect and promote the health, safety and general welfare of the people of this state. It is further the policy of the general assembly to authorize conservation districts established under this chapter to serve as a local unit of the state conservation committee responsible for the conservation of the renewable natural resources of this state, and competent to administer, in close cooperation with landowners and occupiers, with local governmental units, and with agencies of the government of this state and of the United States, projects, programs and activities suitable for carrying out the policy of this chapter.

History of Section. G.L. 1956, § 2-4-1 ; P.L. 1972, ch. 173, § 2; P.L. 1985, ch. 179, § 1.

2-4-2. Definitions.

1. “Associate Director” means a designated representative of any community who serves to advise and consult with the board of directors of a district.
2. “Committee” or “state conservation committee” means the agency created in § 2-4-3 . All references in this chapter to “state conservation committee”, “state committee”, or “committee” shall be deemed to be references to “state conservation committee”.
3. “Conservation” includes conservation, improvement, maintenance, preservation, protection and use, and the control and prevention of floodwater and sediment damages, and the safe disposal of water.
4. “Director” means one of the members of the governing body of a district, appointed or elected in accordance with the provisions of this chapter.
5. “District” or “conservation district” means a subdivision of the state conservation committee, and a quasi public corporation organized in accordance with the provisions of this chapter, for the purposes, with the powers, and subject to the restrictions set forth. All districts created under this chapter shall be known as conservation districts and shall have all the powers and duties set out in this chapter. All references in this chapter to “districts” shall be deemed to be references to “conservation districts”.
6. “Land occupier” or “occupier of land” includes any person, firm or corporation holding title to, or in possession of, any lands lying within a district organized under the provisions of this chapter, whether as owner, renter, lessee, tenant, town, municipality or otherwise.
7. “Renewable natural resources”, “natural resources”, or “resources” includes land, soil, water, vegetation, trees, fish, wildlife, streams, rivers, natural beauty, scenery, and open space.

History of Section. G.L. 1956, § 2-4-2 ; P.L. 1972, ch. 173, § 2; P.L. 1985, ch. 179, § 1; P.L. 1994, ch. 163, § 1.

2-4-3. State conservation committee.

1. There is established, within the department of environmental management to serve as an agency of the state and to perform the functions conferred upon it by this chapter, the state conservation committee. The following shall serve as members of the committee: the director of the department of environmental management, or his or her designee, and four (4) members of the public appointed by the governor with the advice and consent of the senate. At least one member shall be appointed from each of the state’s conservation districts and, in making appointments under this section, the governor shall give due consideration to recommendations made by the state’s conservation district directors.
2. Members of the committee as of the effective date of this act [April 20, 2006] shall continue to serve for the balance of their current terms. Thereafter, members shall be appointed to terms of three (3) years. Members shall hold office until a successor has been selected. Vacancies shall be filled for any unexpired terms. The selection of successors to fill an unexpired term or for a full term shall be in the same manner in which the respective state committee member had been selected.
3. [Deleted by P.L. 2006, ch. 22, § 1 and P.L. 2006, ch. 27, § 1].
4. Gubernatorial appointments made under this section after the effective date of this act [April 20, 2006] shall be subject to the advice and consent of the senate. All persons appointed to the committee after the effective date of this act [April 20, 2006] shall be residents of the state.
5. The committee shall invite the director of the cooperative extension service and agricultural experiment station, chief of the office of state planning, director of transportation, the president of the Rhode Island association of conservation districts, the state conservationist of the USDA soil conservation service, the state executive director of the USDA agricultural stabilization and conservation service, the chairperson of the water resources board, and the executive director of the coastal resources management council, and any other agency representatives necessary to carry out the intent of this chapter to serve as advisors to the state committee.
6. The committee shall keep a record of its official actions, and may perform any acts, hold any public hearings, and promulgate any rules and regulations that may be necessary for the execution of its functions under this chapter.
7. The director of the department of environmental management shall direct staff to support the committee within the constraints of available resources.

History of Section. P.L. 1972, ch. 173, § 2; P.L. 1985, ch. 179, § 1; P.L. 1994, ch. 163, § 1; P.L. 1999, ch. 105, § 13; P.L. 2001, ch. 180, § 2; P.L. 2001, ch. 376, § 1; P.L. 2006, ch. 22, § 1; P.L. 2006, ch. 27, § 1.

2-4-3.1. Rhode Island farm, forest and open space land value subcommittee.

1. There is hereby authorized, created and established the “Rhode Island Farm, Forest, and Open Space Land Value Subcommittee” (the subcommittee) to recommend the methodology and values for the assessment of land for property taxation on the basis of current use for farm, forest, and open space lands, as established by chapter 27 of title 44 and § 44-5-12 . The values recommended by the subcommittee, upon review and approval by the state conservation committee, shall be made available to local tax assessors and such value shall be the recommended maximum current use value per acre at which such land classifications can be assessed.
2. The subcommittee shall consist of the following twelve (12) members: the chair of the state conservation committee, or designee; three (3) local tax assessors appointed by the governor, with the advice and consent of the senate; the director of the department of administration, or designee, who shall be a subordinate within the department of administration; the chief of the department of environmental management’s division of agriculture, or designee, who shall be a subordinate within the division who shall serve as a nonvoting ex officio member; the chief of the department of environmental management’s division of forest environment, or designee, who shall be a subordinate within the division who shall serve as a nonvoting ex officio member; the dean of the University of Rhode Island’s College of Natural Resources, or designee, who shall be a subordinate within the college who shall serve as a nonvoting ex officio member; the executive director of the Rhode Island League of Cities and Towns, or his or her designee, who shall serve as a nonvoting member of the subcommittee; the chairperson of the Rhode Island Agricultural Council, or his or her designee, who shall serve as a nonvoting member of the subcommittee; and two (2) public members appointed by the governor with the advice and consent of the senate, one of whom shall be a landowner currently enrolled under the forest land provision of chapter 27 of title 44, one of whom shall be a member of a land trust. Each appointed member of the subcommittee shall serve for a term of three (3) years, and shall serve until his or her successor has been appointed and qualified. Any vacancy which may occur in the subcommittee of the members appointed by the governor shall be filled by the governor for the remainder of the unexpired term in the same manner as the predecessor as prescribed in this section. The members of the subcommittee shall be eligible to succeed themselves. No one shall be eligible for appointment unless he or she is a resident of this state. Those members of the subcommittee as of the effective date of this act [April 20, 2006] who were appointed by the speaker of the house and the president of the senate shall cease to be members of the subcommittee on the effective date of this act [April 20, 2006], and the governor shall thereupon appoint four (4) members as prescribed in this section, each of whom shall serve for the balance of the unexpired term of his or her predecessor.
3. The state conservation committee shall provide the subcommittee’s list of current use values for farm, forest, and open space land to each tax assessor, through the department of administration, on or before February 15 of each year in which the subcommittee is required to determine such figures.
4. The subcommittee shall abide by the rules governing the state conservation committee, as provided in § 2-4-5 . Five (5) voting members of the subcommittee shall constitute a quorum. A majority vote of those present shall be required for action.
5. The subcommittee shall meet at the call of the chair. All meetings shall be held consistent with chapter 46 of title 42.
6. The subcommittee shall conduct a training course for newly appointed and qualified members and new designees of ex officio members within six (6) months of their qualification or designation. The course shall be developed by the chair of the subcommittee, approved by the subcommittee and conducted by the chair of the subcommittee. The subcommittee may approve the use of any subcommittee or staff members or other individuals to assist with training. The training course shall include instruction in the following areas: chapters 44-27, 44-5, 2-4, 42-46, 36-14 and 38-2; and the subcommittee’s rules. The director of the department of administration shall, within ninety (90) days of the effective date of this act [April 20, 2006], prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14 and 38-2.

History of Section. P.L. 1999, ch. 252, § 1; P.L. 2001, ch. 180, § 2; P.L. 2006, ch. 22, § 1; P.L. 2006, ch. 27, § 1.

2-4-4. Agents and employees — Assistance by other agencies — Delegation of powers.

The committee may employ an administrative officer and any technical experts and any other agents, and employees, permanent and temporary, that it may require, and shall determine their qualifications, duties, and compensation. It has the authority to delegate to its chairperson, to one or more of its members, or to one or more agents or employees, any powers and duties that it may deem proper. Upon request of the committee, for the purpose of carrying out any of its functions, the supervising officer of any state agency, or of any state institution of learning shall, insofar as may be possible under available appropriations, and having due regard to the needs of the agency to which the request is directed, assign or detail to the committee members of the staff or personnel of the agency or institution of learning, and make any special reports, surveys, or studies that the committee may request. The committee may call upon the attorney general for any legal services it may require.

History of Section. G.L. 1956, § 2-4-4 ; P.L. 1972, ch. 173, § 2; P.L. 1985, ch. 179, § 1.

2-4-5. Chairperson of the committee — Quorum — Expenses — Surety bonds — Records — Audit.

The chairperson of the state committee shall be elected annually by the committee. The committee may elect from among its members such other officers as they deem necessary. A majority of the committee constitutes a quorum, and all actions of the committee shall be by a majority vote of the members present and voting at a meeting at which a quorum is present. The chairperson and members of the committee receive no compensation for their services on the committee, but are entitled to expenses or per diem, including traveling expenses, necessarily incurred in the discharge of their duties on the committee. The committee shall provide for the execution of surety bonds for all employees entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and shall provide for a periodic audit of the accounts of receipts and disbursements. Members of the committee and the subcommittee shall be removable by the governor pursuant to § 36-1-7 of the general laws and for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.

History of Section. G.L. 1956, § 2-4-5 ; P.L. 1972, ch. 173, § 2; P.L. 1985, ch. 179, § 1; P.L. 2006, ch. 22, § 1; P.L. 2006, ch. 27, § 1.

2-4-6. Powers and duties of committee.

In addition to the duties and powers conferred upon the committee, it has the following duties and powers:

1. To offer any assistance as may be appropriate to the directors of conservation districts, organized as provided in this chapter, in the carrying out of any of their powers and programs; to assist and guide districts in the preparation and carrying out of programs for resources conservation authorized under this chapter; to review district programs; to coordinate the programs of the conservation districts and resolve any conflicts in those programs.
2. To keep the directors of each of the conservation districts organized under this chapter informed of the activities and experience of all other districts organized under this chapter, and to facilitate an interchange of advice and experience between the districts and cooperation between them.
3. To approve forms of agreements, proposed to be entered into by districts, with other districts or with any state, federal, interstate, or other public or private agency, organization, or individual, and advise the districts concerning the forms of agreements.
4. To secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this state, in the work of the districts.
5. To enlist the cooperation and collaboration of state, federal, regional, interstate and local public and private agencies with the conservation districts; and to facilitate arrangements under which the conservation districts may serve city or town governing bodies and other agencies as their local operating agencies in the administration of any activity concerned with the conservation of renewable natural resources.
6. To disseminate information throughout the state concerning the activities and programs of the conservation districts organized under this chapter, to make available information concerning the needs and the work of the conservation districts and the committee to the governor, the legislature, executive agencies of the government of this state, political subdivisions of this state, cooperating federal agencies, and the general public.
7. Pursuant to procedures developed mutually by the committee and other federal, state and local agencies that are authorized to plan or administer activities significantly affecting the conservation of renewable natural resources, to receive from those agencies for review and comment suitable descriptions of their plans, programs and activities for the purposes of coordination with district conservation programs; to arrange for and participate in conferences necessary to avoid conflict among those plans and programs, to call attention to omissions, and to avoid duplications of effort.
8. Whenever the committee determines that there exists a substantial conflict between the resources conservation program of a district and the proposed plans or activities directly affecting resource conservation prepared by any other local governmental unit or agency of the federal government, or this state, and that the conflict cannot be resolved through the consultation procedures provided for in this section, the committee shall submit a report of the conflict through the department of environmental management to the governor.
9. To compile information and make studies, summaries, and analyses of natural resource conditions in cooperation with local conservation districts and conservation programs on a statewide basis.
10. Except as otherwise assigned by state law, to carry out and coordinate the policies of this state in programs at the state level for the conservation of the renewable natural resources of this state and to represent the state in matters affecting those resources. This includes the formulation and development of state guidelines, as deemed necessary, for the conservation of soil, water and related natural resources of the state. When developing these guidelines the committee, working with the conservation districts, may secure the assistance of state and federal agencies and Rhode Island schools of higher learning to make such investigations and studies as are necessary.
11. To offer technical assistance to the department of environmental management and/or other state agencies in the development of recommendations for the general assembly of any natural resource legislation deemed necessary for the conservation, preservation, protection and development of the renewable natural resources of this state. This legislation may include, but is not necessarily limited to, provision for erosion and sediment control, flood plain regulation and the conservation of watershed resources.
12. To assist conservation districts in obtaining legal services from the attorney general.
13. To require annual reports from conservation districts, the form and content of which shall be developed by the committee.
14. To establish by regulations, with the assistance and advice of the appropriate state fiscal officers, adequate and reasonably uniform accounting and auditing procedures which shall be used by conservation districts, and when the situation requires on a vote of at least four (4) members, to impound all district funds and assets subject to ratification at a hearing on the action in accordance with the administrative procedures act, chapter 35 of title 42.
15. To approve and issue within ninety (90) days after the end of each fiscal year a detailed annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state of its activities for the preceding year. The report shall provide a review and synopsis of the state conservation district activities; an operating statement summarizing meetings or hearings held, including meeting minutes, subjects addressed, decisions rendered, studies conducted, policies and plans developed, approved, or modified, and programs administered or initiated; a summary of the work of the farm, forest and open space subcommittee including the list of current values for farm, forest and open space; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of any legal matters related to the authority of the council; a summary of any training courses held pursuant to subsection 2-4-6(18) ; a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements. The report shall be posted electronically as prescribed in § 42-20-8.2 . The director of the department of administration shall be responsible for the enforcement of this provision.
16. To establish by regulation the procedure for removing a district director from office either for excessive absence or for other cause. The procedure shall include a hearing before the committee at which time the affected director may seek to rebut the charges.
17. To have supervision and control of any funds appropriated by the general assembly to finance the activities of the committee and the conservation districts; to administer the provisions of any act enacted by the legislature appropriating funds for expenditure in connection with the activities of conservation districts; to distribute to conservation districts funds, equipment, supplies and services received by the committee for that purpose from any source, subject to the conditions that shall be made applicable thereto in any state or federal statute or local ordinance making available those funds, property or services; to issue regulations establishing suitable controls to govern the use by conservation districts of those funds, property and services; approve all budgets, administrative procedures and operations of those districts to ensure that districts conform with applicable laws and regulations.
18. To conduct a training course for newly appointed and qualified members and new designees of ex officio members within six (6) months of their qualification or designation. The course shall be developed by the chair of the committee, approved by the committee, and conducted by the chair of the committee. The committee may approve the use of any committee or staff members or other individuals to assist with training. The course shall include instruction in the following areas: the provisions of chapters 2-4, 42-46, 36-14 and 38-2; and the committee’s rules and regulations. The director of administration shall, within ninety (90) days of the effective date of this act [April 20, 2006], prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14 and 38-2.

History of Section. G.L. 1956, § 2-4-6 ; P.L. 1972, ch. 173, § 2; P.L. 1979, ch. 353, § 1; P.L. 1985, ch. 179, § 1; P.L. 2006, ch. 22, § 1; P.L. 2006, ch. 27, § 1.

2-4-7. Establishment of conservation districts.

There are established, three (3) conservation districts as follows:

1. All that portion known as Washington County and Kent County is incorporated into a district to be called the southern Rhode Island conservation district;
2. All that portion known as Providence County is incorporated into a district to be called the northern Rhode Island conservation district;
3. All that portion known as Newport County and Bristol County is incorporated into a district to be called the eastern Rhode Island conservation district.

History of Section. G.L. 1956, § 2-4-7 ; P.L. 1972, ch. 173, § 2; P.L. 1983, ch. 68, § 1.

2-4-8. District board — Organization — Quorum — Expenses and audit.

1. The governing body of the districts is be the board of directors consisting of five (5) directors, elected or appointed. The directors shall elect one of their members to be chairperson and may, from time to time, change that designation. The term of office of each director is three (3) years. A director holds office until a successor has been elected or appointed and has qualified. Vacancies shall be filled for any unexpired term. The selection of successors to fill an unexpired term, or for a full term, shall be made in the same manner in which the retiring directors were, respectively, selected. A majority of the board constitutes a quorum and all actions of the board shall be by a majority vote of the members present and voting at a meeting at which a quorum is present.
2. The directors may employ a secretary and other employees, technical experts, personnel, permanent and temporary, as they may require and shall determine their qualifications, duties, and compensation. The directors shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds or property; shall provide for the keeping of a record of all proceedings and orders issued or adopted; and shall provide for a periodic audit of the accounts of receipts and disbursements in accordance with procedures prescribed by regulations of the state committee.
3. The directors may call upon the state committee for any legal services that may be available from the attorney general. The directors shall furnish to the state committee, upon request, copies of any rules, regulations, orders, contracts, ordinances, forms and other documents that they shall adopt or employ, and any other information that may be required in the performance of their duties.
4. Directors shall receive twenty-five dollars ($25.00) per meeting for their services, and are entitled to other expenses at a rate set by the state committee, including per diem and traveling expenses, necessarily incurred in the discharge of their duties. All payments for compensation and expenses are contingent upon availability of funds and at no time shall meeting or travel expenses supersede necessary conservation expenditures.

History of Section. P.L. 1985, ch. 179, § 3.

2-4-9. Designation of district directors — Appointments — Elections.

1. Three (3) directors will be appointed by the state conservation committee and shall be persons who are by training and experience qualified to perform the services which will be required of them in the performance of their duties. In appointing directors, the state committee shall take into consideration the recommendations of the representative of the state committee from the area in which the district is located, as well as representation of the various interests of the district such as agricultural, woodland, wildlife, recreation, community and conservation groups.
2. The committee shall receive nomination petitions for directors, whose terms have expired, by or before January 15 of the year following their expiration and shall take action to approve or reject the nominees within thirty (30) days of receipt. The committee has the authority to extend the time within which nominating petitions may be filed.
3. No nomination petition shall be accepted by the committee unless it is subscribed to by twenty-five (25) or more occupiers of lands lying within the boundaries of the district. Land occupiers may sign more than one nominating petition to nominate more than one candidate for director.
4. The conservation districts shall give notice and hold elections for the two (2) directors for each district on or before January 15 of the year following the expiration of these elected directors’ terms. All occupiers of lands lying within the district shall be eligible to vote in the election. The two (2) candidates who shall receive the largest number, respectively, of the votes cast in the election shall be the elected directors for the district.
5. All elections of directors shall be supervised and conducted by the district directors of the districts involved. The elections shall be held during a period prescribed or approved by the state conservation committee and in that manner and under any rules and regulations that the state committee prescribes. The cost of conducting elections shall be borne by the district involved. The board of directors shall certify to the state committee the names of the elected directors. The state committee shall issue certificates of election to each certified director, and shall publish the results of the election in some newspaper of general circulation in the area.
6. The board of directors may appoint associate directors, as deemed necessary, to advise and consult with the board and to broaden representation from the communities within the district.

History of Section. P.L. 1985, ch. 179, § 3; P.L. 1988, ch. 67, § 1; P.L. 1994, ch. 163, § 1.

2-4-10. Repealed.

History of Section. G.L. 1956, § 2-4-10 ; P.L. 1972, ch. 173, § 2; Repealed by P.L. 1985, ch. 179, § 2, effective June 18, 1985.

2-4-11. Consultation with municipal representatives.

The directors may invite the legislative body of any municipality within the district to designate a representative to serve as an associate director to advise and consult with them on all questions of programs and policy which may affect the property, water supply or other interest of the municipality. The board of directors may appoint, as they deem necessary, advisory committees to assure the availability of appropriate channels of communications to the board of directors, to persons affected by district operations, and to local, federal, state, regional and interstate special-purpose districts and agencies responsible for community planning, conservation commissions, zoning or resource development activities. The district shall keep the advisory committees informed of its work, and the advisory committees shall submit recommendations from time to time to the board of directors.

History of Section. G.L. 1956, § 2-4-11 ; P.L. 1972, ch. 173, § 2; P.L. 1985, ch. 179, § 1; P.L. 1994, ch. 163, § 1.

2-4-12. Powers of districts and directors.

A conservation district organized under the provisions of this chapter shall constitute a subdivision of the state conservation committee, a quasi-public corporation exercising public powers, and the district, and directors of the conservation district, shall have the following powers, in addition to other(s) granted in sections of this chapter:

1. To conduct surveys, investigations and research relating to the conservation of renewable natural resources and preventive and control measures and the works of improvement needed, and to publish the results of those surveys, investigations, or research and to disseminate information concerning those preventive and control measures. In order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies;
2. To develop necessary guidelines deemed necessary for the conservation of renewable natural resources of the district. In cooperation with the state committee, develop and formulate statewide guidelines deemed necessary for the conservation of the renewable natural resources of the state; encourage local government to implement those guidelines in the planning and development of renewable natural resources under their jurisdiction; and offer any available technical and other assistance necessary to local government for this purpose.
3. To conduct educational and demonstrational projects within the district on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction of these lands, and of any other lands within the district upon obtaining the consent of the occupier of the lands or the necessary rights or interests in the lands, in order to demonstrate by example the means, methods, measures and works of improvement by which the conservation of renewable natural resources may be carried out;
4. To carry out preventive and control measures and works of improvement for the conservation of renewable natural resources within the district on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction of these lands, and on any other lands within the district upon obtaining the consent of the occupier of the lands or the necessary rights or interests in the lands;
5. To cooperate, or enter into agreements with, and within the limits of appropriations made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any occupier of lands within the district, in carrying on of preventive and control measures and works of improvement for the conservation of renewable natural resources within the district, subject to any conditions that the directors may deem necessary to advance the purposes of this chapter;
6. To obtain options upon and to acquire, by purchase, exchange, lease, gift, bequest, grant, or devise, any property, real or personal or rights or interests to maintain, administer, and improve any properties acquired, to receive income from those properties and to expend income from those properties in carrying out the purposes and provisions of this chapter; and to sell, lease, or otherwise dispose of any of its property or interests in furtherance of the purposes and the provisions of this chapter;
7. To make available, on any terms it shall prescribe, to land occupiers, cities or towns, municipalities or the state within the district, machinery, equipment, materials and any other services that will assist those land occupiers, cities or towns, municipalities, or the state to carry on operations upon their lands for the conservation of renewable natural resources;
8. To construct, improve, repair, operate and maintain any structures or other works of improvement that may be necessary or convenient for the performance of any of the operations or activities authorized in this chapter;
9. To prepare and keep current a long-range program for the conservation of all of the renewable natural resources of the district. The program is directed toward the conservation of resources for their best uses and in a manner that will best meet the needs of the district and the state, taking into consideration, where appropriate, such uses as farming, grazing, timber supply, forest, parks, outdoor recreation, water supplies for urban and rural areas; water for agricultural and industrial uses, watershed protection, control of soil erosion, retardation of water runoff, flood prevention and control, protection of open space and scenery, preservation of natural beauty, protection of fish and wildlife, the prevention or reduction of sedimentation and other pollution in rivers, streams, reservoirs, and the protection of groundwaters, and the location of urban facilities and structures that will fit the needs of the state and be consistent with the best uses of the renewable natural resources of the state. The program includes an inventory of all renewable natural resources in the district, a compilation of current resource needs, projections of future resource requirements, priorities for various resource activities, projected timetables, descriptions of available alternatives, and provisions for coordination with other resource programs; to prepare an annual work plan, which shall describe the action programs, services, facilities, materials, working arrangements and estimated funds needed to carry out the parts of the long-range program that are of the highest priorities. Each district shall submit to the state committee a copy of its long-range program and annual work plans for review and comment;
10. To acquire, by purchase, lease, or otherwise any property, real or personal, and to administer any project or program concerning the conservation of renewable natural resources located within its boundaries undertaken by federal, state, or other public agency; to manage as agent of the federal, state or other public agency any project or program concerned with the conservation of renewable natural resources located within its boundaries; to act as agent of the federal, state, or other public agency in connection with the acquisition, construction, operation, or administration of any program or project concerning the conservation of renewable natural resources within its boundaries;
11. To accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, from this state or any of its agencies, or from any other source, and to use or expend those moneys, services, materials or other contributions in carrying out the purposes of this chapter; and
12. To have perpetual succession unless terminated or hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to make, and from time to time amend and repeal, regulations and rules not inconsistent with this chapter; to carry into effect its purposes and powers.

History of Section. G.L. 1956, § 2-4-12 ; P.L. 1972, ch. 173, § 2; P.L. 1985, ch. 179, § 1.

2-4-13. Contributions and agreements as conditions to benefits.

As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the directors may require contributions in money, services, materials, or otherwise to any operations conferring those benefits, and may require land occupiers to enter into and perform any agreements as to the use of their lands as may be consistent with the purposes of this chapter; however, required contributions must be approved as to amount and content by the state conservation committee.

History of Section. G.L. 1956, § 2-4-13 ; P.L. 1972, ch. 173, § 2; P.L. 1985, ch. 179, § 1.

2-4-14. Public property laws inapplicable.

No provisions with respect to the acquisition, operation, or disposition of property by other public bodies are applicable to a district organized under the provisions of this chapter unless the legislature shall specifically so state.

History of Section. G.L. 1956, § 2-4-14 ; P.L. 1972, ch. 173, § 2; P.L. 1985, ch. 179, § 1.

2-4-15. Cooperation between districts.

1. Any two (2) or more districts may engage in joint activities by agreement between or among them in planning, financing, constructing, operating, maintaining and administering any program or project concerning the conservation of renewable natural resources. The districts concerned may make available for purposes of the agreement any funds, property, personnel, equipment or services available to them under this chapter.
2. Any district may, with the concurrence of the state committee, enter into agreements with a district, districts or responsible agency in adjoining states to carry out those purposes if the law in those states permits the district and agencies in those states to enter into agreements. The committee has the authority to propose, guide and facilitate the establishment and carrying out of any agreements.

History of Section. G.L. 1956, § 2-4-15 ; P.L. 1972, ch. 173, § 2; P.L. 1985, ch. 179, § 1.

2-4-16. Cooperation of other public agencies.

Agencies of this state and agencies of towns, municipalities or other governmental subdivisions of this state having jurisdiction over public or private land, or charged with the administration of publicly owned lands lying within the boundaries of any district, may cooperate to the fullest extent with those districts in the implementation of programs undertaken by the directors under the provisions of this chapter.

History of Section. G.L. 1956, § 2-4-16 ; P.L. 1972, ch. 173, § 2; P.L. 1985, ch. 179, § 1.

2-4-17. Repealed.

History of Section. G.L. 1956, § 2-4-17 ; P.L. 1972, ch. 173, § 2; Repealed by P.L. 1985, ch. 179, § 2, effective June 18, 1985.

2-4-18. Coastal resources management council and water resources board unaffected.

The provisions of this chapter notwithstanding, no provision of this chapter shall be construed to take precedence over or acquire any of the powers delegated to the coastal resources management council under the provisions of § 46-23-6 and any amendment to these sections and this section shall also apply to the state water resources board.

History of Section. P.L. 1972, ch. 173, § 3; P.L. 2016, ch. 512, art. 2, § 36.

2-4-19. Severability.

If any provision of this chapter or the application of any provision to any person or circumstance, is held invalid, the remainder of the chapter, and the application of that provision to other persons or circumstances, shall not be affected by that invalidity.

History of Section. G.L. 1956, § 2-4-18 ; P.L. 1972, ch. 173, § 2.

2-4-20. Repealed.

History of Section. P.L. 1979, ch. 353, § 2; G.L. 1956, § 2-4-20 ; Repealed by P.L. 1986, ch. 97, § 1, effective June 10, 1986.

2-5-1. Definitions.

When used in this chapter, the term:

1. “Department” means the department of environmental management of the state of Rhode Island.
2. “Director” means the director of environmental management of the state of Rhode Island.
3. “Secretary of agriculture” means the secretary of agriculture of the United States.
4. “Soil conservation and domestic allotment act” means the federal soil conservation and domestic allotment act, 16 U.S.C. § 590a et seq.

History of Section. P.L. 1955, ch. 3585, § 1; G.L. 1956, § 2-5-1 .

2-5-2. Agency to administer state plan.

In order to carry out the purposes of the soil conservation and domestic allotment act enacted by the congress of the United States, the Rhode Island department of environmental management, referred to as the department, is designated as the agency of the state of Rhode Island to administer any state plan authorized by this chapter which shall be approved by the secretary of agriculture of the United States, referred to as the secretary of agriculture, for the state of Rhode Island pursuant to the provisions of the soil conservation and domestic allotment act.

History of Section. P.L. 1955, ch. 3585, § 2; G.L. 1956, § 2-5-2 .

2-5-3. Formulation of plans — Purposes and contents.

The department is authorized, empowered, and directed to formulate and submit to the secretary of agriculture in conformity with the provisions of the soil conservation and domestic allotment act, a state plan. It shall be the purpose of each plan and each plan shall be designed to promote any utilization of land and any farming practices that the department finds will tend, in conjunction with the operation of any other plans that may be approved for other states by the secretary of agriculture, to preserve and improve soil fertility; to promote the economic use and conservation of land; to diminish exploitation and wasteful and unscientific use of natural soil resources; to protect rivers and waterways against the results of soil erosion and aid in flood control; and to perform any other functions as may be defined in subsection (a) of § 7 of the soil conservation and domestic allotment act, 16 U.S.C. § 590g. Each plan shall provide for adjustments and utilization of land, and in farming practices through agreements with producers or through other voluntary methods, and for benefit payments in connection with these agreements or voluntary methods, and for any reports the secretary of agriculture finds necessary for the effective administration of the plan, and for ascertaining whether the plan is being carried out according to its terms.

History of Section. P.L. 1955, ch. 3585, § 3; G.L. 1956, § 2-5-3 .

2-5-4. Acceptance and use of federal funds.

Upon the acceptance of each plan by the secretary of agriculture and his or her approval of each plan, the department is authorized and empowered to accept and receive all grants of money made pursuant to the soil conservation and domestic allotment act, for the purpose of enabling the state to carry out the provisions of that plan. All those moneys, together with any moneys which may be appropriated by the state, shall be paid into a special fund in the state treasury to be known as the agricultural soil conservation program fund. That fund is established, and is available to the department for expenditures necessary in carrying out the plan, including administration expenses, expenditures in connection with educational programs and research programs in aid of the plan, and for benefit payments.

History of Section. P.L. 1955, ch. 3585, § 4; G.L. 1956, § 2-5-4 .

2-5-5. Administrative powers of department.

In carrying out the provisions of this chapter and of each plan, the department has the power to designate administrative areas; to provide for the selection or election of local and community committees of persons participating or co-operating in the plan; to employ any agents or agencies and to establish any agencies that it may find to be necessary; to co-operate with local and state agencies and with agencies of other states and of the federal government; to conduct or arrange with the University of Rhode Island for the conduct of any research and educational activities in connection with the formulation and operation of the plan as may appear advisable; to enter into agreements with producers and to provide by other voluntary methods for adjustment in the utilization of land and in farming practices, and for payments in connection with these agreements or voluntary methods, in amounts which the department determines to be fair and reasonable. In carrying out the plan, the department and the director are authorized to delegate any of the powers conferred in this section to the agency as may be designated by the director and approved by the secretary of agriculture.

History of Section. P.L. 1955, ch. 3585, § 5; G.L. 1956, § 2-5-5 .

2-5-6. Annual report.

The department in its annual report each year, shall cover the administration of any state plan and the operation of any state plan under this chapter, including the receipt and expenditures of funds.

History of Section. P.L. 1955, ch. 3585, § 6; G.L. 1956, § 2-5-6 .

2-5-7. Liability and obligations of state.

Nothing in this chapter shall be construed or operate to impose any financial liability upon the state as specified, and the department has no authority to incur any obligation or liability against the state under this chapter for the expenditure of funds other than the expenditure of funds payable from the agricultural soil conservation program fund, pursuant to the appropriations made for the agricultural soil conservation program fund.

History of Section. P.L. 1955, ch. 3585, § 7; G.L. 1956, § 2-5-7 .

2-6-1. Short title.

This chapter shall be known and cited as “The Rhode Island Seed Act”.

History of Section. P.L. 1978, ch. 371, § 2.

2-6-2. Definitions.

When used in this chapter:

1. “Advertisement” means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter.
2. “Agricultural seed” means the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds and mixtures of those seeds, and may include noxious weed seeds when the director determines that the seed is being used as agricultural seed.
3. “Certifying agency” means:
   1. an agency authorized under the laws of a state, territory or possession to officially certify seed; or
   2. an agency of a foreign country determined by the U.S. secretary of agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under (i).
4. “Director” means the director of the department of environmental management of the state of Rhode Island and/or his or her authorized deputies or agents.
5. The terms “Fine-textured grasses” and “Coarse kinds” are defined in rules and regulations under this chapter.
6. “Hybrid” means the first generation seed of a cross produced by controlling the pollination and by combining: (1) two (2) or more inbred lines; (2) one inbred or a single cross with an open pollination variety; or (3) two (2) varieties or species, except open-pollinated varieties of corn (Zea mays). The second generation of subsequent generations from those crosses are not regarded as hybrids. Hybrid designations are treated as variety names.
7. “Kind” means one or more related species or sub-species which, singly or collectively, is known by one common name, for example, corn, oats, alfalfa, and timothy.
8. “Labeling” means all labels, and other written, printed, or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations on invoices.
9. “Lot” means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling.
10. “Person” means any individual, partnership, corporation, company, society, or association.
11. “Private hearing” may consist of a discussion of facts between the person charged and the director.
12. “Prohibited noxious weed seeds” means the seeds of perennial weeds that not only reproduce by seed but also spread by underground roots, stems and other reproductive parts, and which, when well established, are highly destructive and difficult to control in this state by ordinary good cultural practice.
13. “Pure Seed”, “Germination”, and other seed labeling and testing terms in common usage shall be defined as in the Rules for Testing Seeds published by the Association of Official Seed Analysts, effective July 1, 1955 and as subsequently amended.
14. “Record” means all information relating to the shipment or shipments involved and includes a file sample of each lot of seed.
15. “Restricted noxious weed seeds” means the seeds of weeds that are objectionable in fields, lawns, and gardens of this state, but can be controlled by good cultural practices.
16. “Seize” means a legal process carried out by court order against a definite amount of seed.
17. “Stop sale” means an administrative order, provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed.
18. “Treated” means given an application of a substance or subjected to a process designed to reduce, control, or repel disease organisms, insects, or other pests which attack seeds or seedlings growing therefrom.
19. “Type” means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.
20. “Variety” means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind.
21. “Vegetable seeds” means the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state.
22. “Weed seeds” means the seeds of all plants generally recognized as weeds within this state and includes noxious weed seeds.

History of Section. P.L. 1978, ch. 371, § 2; P.L. 1998, ch. 441, § 5.

2-6-3. Label requirements.

Each container of agricultural and vegetable seeds sold, offered for sale, exposed for sale, or transported within this state for sowing purposes shall have placed on or affixed to it in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container:

1. For all seeds named and treated as defined in this chapter (for which a separate label may be used):
   1. A word or statement indicating that the seed has been treated;
   2. The commonly accepted, coined, chemical, or abbreviated chemical (generic) name of the applied substance or description of the process used;
   3. If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as “Do not use for food, feed, or oil purposes.” The caution for mercurials and similarly toxic substances is a poison statement or symbol;
   4. If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration).
2. For agricultural seeds, except for grass seed mixtures as provided in subdivision (3):
   1. The name of the kind and variety for each agricultural seed component present in excess of five percent (5%) of the whole and the percentage by weight of each. If the variety of those kinds generally labeled as to variety as designated in the regulations is not stated, the label shall show the name of the kind and the words, “Variety not stated.” Hybrids shall be labeled as hybrids;
   2. Lot number or other lot identification;
   3. Origin (state or foreign country), if known, of alfalfa, red clover, and field corn (except hybrid corn). If the origin is unknown, the fact shall be stated;
   4. Percentage by weight of all weed seeds;
   5. The name and rate of occurrence per pound of each kind of restricted noxious weed seed present;
   6. Percentage by weight of agricultural seeds (which may be designated as “crop seeds”) other than those required to be named on the label;
   7. Percentage by weight of inert matter;
   8. For each named agricultural seed:
      1. Percentage of germination, exclusive of hard seed;
      2. Percentage of hard seeds, if present;
      3. The calendar month and year the test was completed to determine those percentages;

         Following (A) and (B) the “total germination and hard seed” may be stated as this, if desired;

   9. Name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
3. For seed mixtures for lawn and/or turf purposes in containers of fifty (50) pounds or less:
   1. The word “Mixed” or “Mixture”;
   2. The headings “Fine-textured grasses” and “Coarse kinds” and under these headings in tabular form in type no larger than the heading:
      1. Commonly accepted name, in order of its predominance of the kind, or kind and variety of each agricultural seed present in excess of five percent (5%) of the whole and determined to be a “Fine-textured grass” or a “Coarse kind” in accordance with the rules and regulations under this chapter;
      2. Percentage by weight of pure seed of each agricultural seed named;
      3. For each agricultural seed named under (A) above:
         1. Percentage of germination, exclusive of hard seed;
         2. Percentage of hard seed, if present;
         3. Calendar month and year the test was completed to determine those percentages;
   3. The heading “Other ingredients” and under this heading in type no larger than the heading:
      1. Percentage by weight of all weed seeds;
      2. Percentage by weight of all agricultural seeds other than those stated under subdivision (a) of this section;
      3. Percentage by weight of inert matter;
   4. Lot number or other lot identification;
   5. Name and rate of occurrence per pound of each kind of restricted noxious weed seed present;
   6. Name and address of the person who labeled the seed or who sells, offers or exposes the seed for sale within this state;
   7. Net weight;
   8. In addition to the provisions of this section, labeling of lawn or turf grass mixtures shall comply with the requirements of § 201 of the federal seed act, 7 U.S.C. § 1571.
4. For vegetable seeds in containers of one pound or less:
   1. Name of kind and variety of seed;
   2. The calendar month and year the seed was tested or the year for which the seed was packaged;
   3. Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state;
   4. For seeds which germinate less than the standard last established by the director under this chapter:
      1. Percentage of germination, exclusive of hard seed;
      2. The words “Below standard” in not less than eight (8)-point type;
      3. Percentage of hard seed, if present;
5. For vegetable seeds in containers of more than one pound;
   1. The name of each kind and variety present in excess of five percent (5%) and the percentage by weight of each in order of its predominance;
   2. Lot number or other lot identification;
   3. For each named vegetable seed:
      1. Percentage germination exclusive of hard seed;
      2. Percentage of hard seed, if present;
      3. The calendar month and year the test was completed to determine those percentages;

         Following (A) and (B) the “total germination and hard seed” may be stated as this if desired;

   4. Name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state;
   5. The labeling requirements for vegetable seeds in containers of more than one pound are deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.

History of Section. P.L. 1978, ch. 371, § 2.

2-6-4. Prohibitions.

1. It is unlawful for any person to sell, offer for sale, expose for sale, or transport for sale any agricultural or vegetable seed within this state:
   1. Unless the test to determine the percentage of germination required by § 2-6-3 has been completed within a nine (9) month period exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation, except that seeds packaged in hermetically-sealed containers under the conditions defined in rules and regulations promulgated under the provisions of this chapter may be sold, exposed for sale or offered for sale or transportation for a period of thirty-six (36) months after the last day of the month that the seeds were tested for germination prior to packaging. If seeds in hermetically-sealed containers are sold, exposed for sale, or offered for sale or transportation more than thirty-six (36) months after the last day of the month in which they were tested prior to packaging, they must have been retested for germination within the nine (9)-month period, exclusive of the calendar month in which the retest was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation;
   2. Not labeled in accordance with the provisions of this chapter or having a false or misleading labeling;
   3. Pertaining to which there has been false or misleading advertisement;
   4. Consisting of or containing prohibited noxious weed seeds, subject to recognized tolerances;
   5. Consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed by rules and regulations promulgated under this chapter, or in excess of the number declared on the label attached to the container of the seed or associated with the seed;
   6. Containing more than two and one-half percent (21/2%) by weight of all weed seeds;
   7. If any labeling, advertising, or other representations subject to this chapter represents the seed to be certified or registered seed unless:
      1. It has been determined by a seed certifying agency that the seed was produced, processed, and packaged, and conforms to standards of purity as to kind or variety, in compliance with rules and regulations of the agency pertaining to the seed; and
      2. The seed bears an official label issued for the seed by a seed certifying agency stating that the seed is certified or registered.
2. It is unlawful for any person within this state:
   1. To detach, alter, deface, or destroy any label provided for in this chapter or the rules and regulations made and promulgated under this chapter, or to alter or substitute seed in a manner that may defeat the purpose of this chapter;
   2. To disseminate any false or misleading advertisements concerning agricultural or vegetable seeds in any manner or by any means;
   3. To hinder or obstruct in any way, any authorized person in the performance of his or her duties under this chapter;
   4. To fail to comply with a “stop sale” order or to move or otherwise handle or dispose of any lot of seed held under a “stop sale” order or tags attached to the lot of seed, except with the express permission of the director and for the purpose specified by the director.
   5. To use the word “trace” as a substitute for any statement which is required.
   6. To use the word “type” in any labeling in connection with the name of any agricultural seed variety.

History of Section. P.L. 1978, ch. 371, § 2.

2-6-5. Records.

Each person whose name appears on the label as handling agricultural or vegetable seeds subject to this chapter shall keep for a period of two (2) years complete records of each lot of agricultural or vegetable seed handled and keep for one year a file sample of each lot of seed after final disposition of the lot. All records and samples pertaining to the shipment or shipments involved are accessible for inspection by the director or his or her agent during customary business hours.

History of Section. P.L. 1978, ch. 371, § 2.

2-6-6. Exemptions — Good faith sellers.

1. The provisions of §§ 2-6-3 and 2-6-4 do not apply:
   1. To seed or grain not intended for sowing purposes;
   2. To seed in storage in, or being transported or consigned to a cleaning or processing establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of the seed bears the statement “seed for processing” and any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed is subject to this chapter; or
   3. To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier provided the carrier is not engaged in producing, processing, or marketing agricultural or vegetable seeds subject to the provisions of this chapter.
2. No person is subject to the penalties of this chapter for having sold or offered or exposed for sale agricultural or vegetable seeds which were incorrectly labeled or represented as to kind, variety, type or origin (if required) which seeds cannot be identified by examination, unless the person has failed to obtain an invoice, genuine grower’s declaration or other labeling information and to take any other precautions that may be reasonable to insure the identity to be that stated.

History of Section. P.L. 1978, ch. 371, § 2.

2-6-7. Duties and authority of the director of the department of environmental management.

1. The duty of enforcing this chapter and carrying out its provisions and requirements is vested in the director of the department of environmental management. It is the duty of that officer, who may act through his or her authorized agents:
   1. To sample, inspect, make analysis of, and test agricultural and vegetable seeds transported, sold, or offered or exposed for sale within the state for sowing purposes, at any time and place and to any extent as he or she may deem necessary to determine whether those agricultural or vegetable seeds are in compliance with the provisions of this chapter; and to notify promptly the person who transported, sold, offered, or exposed the seed for sale, of any violation;
   2. To prescribe and, after a public hearing following public notice, to adopt rules and regulations governing the method of sampling, inspecting, analyzing, testing, and examining agricultural and vegetable seed and the tolerances to be followed in the administration of this chapter, which shall be in general accord with officially prescribed practice in interstate commerce and any other rules and regulations that may be necessary to secure efficient enforcement of this chapter;
   3. To prescribe and, after a public hearing following public notice, establish, add to, or subtract from by regulations a prohibited and restricted noxious weed list; and
   4. To prescribe and, after a public hearing following public notice, to adopt rules and regulations establishing reasonable standards of germination for vegetable seeds.
2. For the purpose of carrying out the provisions of this chapter, the director, individually or through his or her authorized agents, is authorized:
   1. To enter upon any public or private premises during regular business hours in order to have access to seeds and the records connected with the premises subject to this chapter and rules and regulations under this chapter, and any truck or other conveyor by land, water, or air at any time when the conveyor is accessible, for the same purpose;
   2. To issue and enforce a written or printed “stop sale” order to the owner or custodian of any lot of agricultural or vegetable seed that the director finds is in violation of any of the provisions of this chapter or rules and regulations promulgated under this chapter. That order shall prohibit further sale, processing, and movement of the seed, except on approval of the director, until the director has evidence that the law has been complied with and the director has issued a release from the “stop sale” order of the seed; provided, that in respect to seed that has been denied sale, processing, and movement as provided in this paragraph, the owner or custodian of the seed has the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, processing, and movement in accordance with the findings of the court. The provisions of this paragraph shall not be construed as limiting the right of the director to proceed as authorized by other sections of this chapter;
   3. To establish and maintain or make provisions for seed-testing facilities; to employ qualified persons; and to incur any expenses that may be necessary to comply with these provisions;
   4. To make or provide for making purity and germination tests of seed for farmers and dealers on request; to prescribe rules and regulations governing that testing; and to fix and collect charges for the tests made. Fees shall be accounted for in any manner that the state legislature may prescribe; and
   5. To cooperate with the United States Department of Agriculture and other agencies in seed law enforcement.
3. Jurisdiction in all matters pertaining to the cultivation, harvesting, production, processing, certification, labeling, inspection, analyzing, testing, sampling, classification, designation, advertising, marketing, sale, storage, transportation, distribution, possession, notification of use, planting, and other use of agricultural and vegetable seeds is, by this chapter, vested exclusively in the director, to the exclusion of all local ordinances or regulations.
   1. All acts or parts of acts, whether general, special, or local, inconsistent with this section are expressly repealed, declared to be invalid, and of no effect.

History of Section. P.L. 1978, ch. 371, § 2; P.L. 2016, ch. 512, art. 2, § 37; P.L. 2018, ch. 167, § 1; P.L. 2018, ch. 242, § 1; P.L. 2019, ch. 308, art. 2, § 1.

2-6-8. Seizure — Condemnation.

Any lot of agricultural or vegetable seed not in compliance with the provisions of this chapter are subject to seizure on complaint of the director to a court of competent jurisdiction in the locality in which the seed is located. In the event the court finds the seed to be in violation of this chapter and orders the condemnation of the seed, it shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state and in no instance shall the court order the disposition of the seed without first having given the claimant an opportunity to apply to the court for the release of the seed or permission to process or relabel it into compliance with this chapter.

History of Section. P.L. 1978, ch. 371, § 2.

2-6-9. Injunction.

When in the performance of his or her duties the director applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rules and regulations under this chapter, the injunction is to be issued without bond.

History of Section. P.L. 1978, ch. 371, § 2.

2-6-10. Violations and prosecutions.

1. Every violation of the provisions of this chapter shall be deemed a civil violation punishable by a fine not exceeding one hundred dollars ($100) for the first offense and not exceeding two hundred fifty dollars ($250) for each subsequent similar offense.
2. No prosecution under this chapter shall be instituted without the individual first having been given an opportunity to appear before the director or his or her duly authorized agent, to introduce evidence either in person or by agent or attorney at a private hearing. If, after the hearing, or without the hearing in case the individual or his or her agent or attorney fails or refuses to appear, the director is of the opinion that the evidence warrants prosecution, the director shall proceed as provided in this section.
3. It is the duty of the director to institute proceedings at once against any person charged with a violation of this chapter, if, in the judgment of the director, the information submitted warrants that action.
4. After judgment in any case arising under this chapter, the director shall publish any information pertinent to the issuance of the judgment in any media as the director may designate from time to time.

History of Section. P.L. 1978, ch. 371, § 2; P.L. 2018, ch. 167, § 1; P.L. 2018, ch. 242, § 1.

2-6-11 — 2-6-19. Repealed.

2-7-1. Title.

This chapter shall be known as the “Rhode Island Commercial Fertilizer Law”.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-2. Responsibility for administration.

This chapter is administered by the director of the department of environmental management, referred to as the “director”.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-3. Definitions.

When used in this chapter:

1. “Brand” means a term, design, or trademark used in connection with one or several grades of commercial fertilizer.
2. “Bulk fertilizer” means a commercial fertilizer distributed in non-package form.
3. “Commercial fertilizer” means any substance containing one or more recognized plant nutrient(s) that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum, and other products exempted by regulation of the director.
4. “Director” means director of the department of environmental management or his or her authorized agent.
5. “Distributor” means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this state.
6. “Fertilizer material” means a commercial fertilizer that either:
   1. Contains important quantities of no more than one of the primary plant nutrients (nitrogen, phosphoric acid, and potash); or
   2. Has approximately eighty-five percent (85%) of its plant nutrient content present in the forms of a single chemical compound; or
   3. Is derived from a plant or animal residue or by-product or a natural, material deposit that has been processed in a way that its content or primary plant nutrients has not been materially changed except by purification and concentration.
7. “Grade” means the percentage of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. Specialty fertilizers may be guaranteed in fractional units of less than one percent (1%) of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash; provided, that fertilizer materials, bone meal, manures, and similar raw materials may be guaranteed in fractional units.
8. “Guaranteed analysis” means:
   1. Until the director prescribes the alternative form of guaranteed analysis in accordance with the provisions of subdivision (7)(ii) of this section, the term “guaranteed analysis” shall mean the minimum percentage of plant nutrients claimed in the following order and form:
      1. Total Nitrogen (N) . . . . . percent

         Available Phosphoric Acid (P2O5) . . . . . percent

         Soluble Potash (K2O) . . . . . percent

      2. For unacidulated mineral phosphatic materials and basic slag, bone, tankage, and other organic phosphate materials, the total phosphoric acid and/or degree or fineness may also be guaranteed.
      3. Guarantees for plant nutrients, other than nitrogen, phosphorus, and potassium, may be permitted or required by regulation of the director. The guarantees for these other nutrients shall be expressed in the form of the element. The sources of these other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the director, and with the advice of the dean of the College of the Environment and Life Sciences at the University of Rhode Island. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and regulations prescribed by the director.
      4. Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of one hundred (100) pounds per ton, when required by regulation.
   2. When the director finds, after a public hearing following due notice, that the requirement for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on distributors and users of fertilizer by reason of conflicting labeling requirements among the states, the director may require, by regulation, that the “guaranteed analysis” shall be in the following form:

      Click to view

      Provided, however, that the effective date of the regulation shall be not less than six (6) months following the issuance of this regulation and provided further, that for a period of two (2) years following the effective date of the regulation, the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash; provided, however, that after the effective date of a regulation issued under the provisions of this section, requiring that phosphorus and potassium shall constitute the grade.

9. “Investigational allowance” means an allowance for variations inherent in the taking, preparation and analysis of an official sample of commercial fertilizer.
10. “Label” means the display of all written, printed, or graphic matter upon the immediate container or statement accompanying a commercial fertilizer.
11. “Labeling” means all written, printed, or graphic matter, upon or accompanying any commercial fertilizer, or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of commercial fertilizers.
12. “Mixed fertilizer” means a commercial fertilizer containing any combination or mixture of fertilizer materials.
13. “Official sample” means any sample of commercial fertilizer taken by the director or his or her agent and designated as “official” by the director.
14. “Percent” or “percentage” means the percentage by weight.
15. “Person” includes individual, partnership, association, firm, and corporation.
16. “Registrant” means the person who registers commercial fertilizer under the provisions of this chapter.
17. “Specialty fertilizer” means a commercial fertilizer distributed primarily for non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries.
18. “Ton” means a net weight of two thousand (2,000) pounds avoirdupois.

Total Nitrogen (N)percent Available Phosphorus (P)percent Soluble Potassium (K)percent

History of Section. P.L. 1977, ch. 168, § 2; P.L. 2016, ch. 512, art. 2, § 38.

2-7-4. Registration.

1. Each brand and grade of commercial fertilizer shall be registered by the manufacturer or by that person whose name appears upon the label before being distributed in this state. The application for registration shall be submitted to the director on a form furnished by the director, and shall be accompanied by a fee of one hundred dollars ($100) per brand or grade registered.
   1. All revenues received from registration fees shall be deposited as general revenues.
   2. All applications for registration shall be accompanied by a label or true copy of the label.
   3. Upon approval by the director, a copy of the registration shall be furnished to the applicant.
   4. All registrations expire on December 31 of each year.
   5. The application shall include the following information:
      1. The brand and grade;
      2. The guaranteed analysis; and
      3. The name and address of the registrant.
2. A distributor is not required to register any commercial fertilizer that is already registered under this chapter by another person, providing the label does not differ in any respect.
3. A distributor is not required to register each grade of commercial fertilizer formulated according to specifications that are furnished by a consumer prior to mixing.
4. The plant nutrient content of each and every brand and grade of commercial fertilizer must remain uniform for the period of registration.

History of Section. P.L. 1977, ch. 168, § 2; P.L. 1989, ch. 349, § 1; P.L. 1992, ch. 133, art. 22, § 1; P.L. 1995, ch. 370, art. 40, § 1; P.L. 2021, ch. 162, art. 7, § 1, effective July 1, 2021.

2-7-5. Labels.

1. Any commercial fertilizer distributed in this state in containers must have on or affixed to the container a label setting forth in clearly legible and conspicuous form the net weight and the information required by § 2-7-4 (a)(5)(i) , (ii) and (iii) of this chapter.
2. In case of bulk shipments, this information, in written or printed form, shall accompany delivery and be supplied to the purchaser at the time of delivery.
3. A commercial fertilizer formulated according to specifications furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis, and the name and address of the distributor.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-6. Tonnage reports, tonnage fees.

1. There shall be paid to the department of environmental management for all commercial fertilizers distributed in this state a tonnage fee at the rate of fifteen cents (15¢) per ton: provided, that sales or exchanges between manufacturers are exempted. Tonnage fees of less than one dollar ($1.00) are waived. All registration and tonnage fees received by the director under the provisions of this chapter shall be deposited into the general fund as general revenue.
2. Every person who distributes a commercial fertilizer in this state shall file with the director, on forms furnished by the director, an annual tonnage report, under oath, for the twelve (12) month period ending June 30th. The report shall set forth the net tons of each grade of commercial fertilizer distributed in this state during the twelve (12) month period.
3. The tonnage report and tonnage fee are due on or before July 15th following the close of the annual period. The tonnage fee is at the rate stated in subsection (a).
4. If the tonnage report is not filed and/or the tonnage fee not made on or before August 1st, following the close of the annual period, a collection fee amounting to ten percent (10%) (ten dollars ($10.00) minimum) of the amount shall be assessed against the registrant, and the amount of fees due shall constitute a debt and become the basis of a judgment against the registrant. The director, however, in his or her discretion, may grant a reasonable extension of time. No information furnished the director under this section shall be disclosed in a way as to divulge the operation of any person.
5. When more than one person is involved in the distribution of a commercial fertilizer, the last person who has the fertilizer registered and who distributes to a non-registrant (dealer or consumer) is responsible for reporting and paying the tonnage fee, unless the report and payment is made by a prior distributor of a fertilizer.
6. All moneys for the commercial fertilizer program shall be made available to the director for the following purposes:
   1. To support the feed and fertilizer testing laboratory for the testing and analysis of commercial fertilizers distributed within this state for the expressed purpose of detection of deficiency; and
   2. For payment of ancillary services, personnel and equipment incurred in order to carry out the purposes of quality assurance defined by this chapter.

History of Section. P.L. 1977, ch. 168, § 2; P.L. 1989, ch. 349, § 1; P.L. 1995, ch. 370, art. 40, § 1.

2-7-7. Inspection, sampling, analysis.

1. It is the duty of the director, who may act through his or her authorized agent, to sample, inspect, make analysis of, and test commercial fertilizers distributed within this state at any time and place and to the extent the director deems necessary to determine whether commercial fertilizers are in compliance with the provisions of this chapter. The director, individually or through his or her agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers subject to the provisions of this chapter and the rules and regulations pertaining to this chapter, and to the records relating to their distribution.
2. The methods of analysis and sampling are those adopted by the fertilizer quality testing laboratory in consultation with the director from sources such as the journal of the association of official analytical chemists.
3. The director, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in § 2-7-3(13) and obtained and analyzed as provided for in subsection (a).
4. The results of official analysis of commercial fertilizers and portions of official samples shall be distributed upon request by the dean of the college of resource development at the University of Rhode Island as provided in the regulations.

History of Section. P.L. 1977, ch. 168, § 2; P.L. 1989, ch. 349, § 1.

2-7-8. Plant food deficiency.

1. Penalty for nitrogen, available phosphoric acid or phosphorus and potash or potassium.  If the analysis shows that a commercial fertilizer is deficient:
   1. In one or more of its guaranteed primary plant foods (NPK) beyond the “investigational allowances” as established by regulation; or
   2. If the overall index value of the fertilizer is below the level established by regulations, a penalty of three (3) times the commercial value of the deficiency or deficiencies shall be assessed

      When a commercial fertilizer is subject to a penalty under both subdivisions (1) and (2), the larger penalty shall apply.

2. Penalty for other deficiencies.  Deficiencies beyond the investigational allowances as established by regulation in any other constituent(s) covered under § 2-7-3(8)(i)(B) , (C) and (D), which the registrant is required to or may guarantee, shall be evaluated and penalties prescribed for these deficiencies by the director.
3. Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction praying for judgment as to the justification of any penalties assessed under this section.
4. All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer, one ton minimum, represented by the sample analyzed within three (3) months after the date of notice from the director to the registrant, receipts taken for the penalties assessed and promptly forwarded to the consumer. If the consumers cannot be found, or the consumer was in possession of less than one ton of commercial fertilizer represented by the sample analyzed, the amount of penalty shall be deposited into the fertilizer quality testing fund.

History of Section. P.L. 1977, ch. 168, § 2; P.L. 1989, ch. 349, § 1.

2-7-9. Commercial value.

For the purpose of determining the commercial value to be applied under the provisions of § 2-7-8 , the director shall determine and publish annually the values per unit of nitrogen, available phosphoric acid, and soluble potash in commercial fertilizers in this state. If guarantees are as provided in § 2-7-3(8)(ii) , the value shall be per unit of nitrogen, phosphorus, and potassium. The values so determined and published shall be used in determining and assessing penalties.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-10. Misbranding.

No person shall distribute misbranded fertilizer. A commercial fertilizer is deemed to be misbranded:

1. If its labeling is false or misleading in any particular;
2. If it is distributed under the name of another fertilizer product;
3. If it is not labeled as required in § 2-7-5 and in accordance with regulations prescribed under this chapter; or
4. If it purports to be or is represented as a commercial fertilizer or is represented as containing a plant nutrient or commercial fertilizer, unless the plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by regulation of the director; in the adopting of those regulations the director shall give due regard to commonly accepted definitions and official fertilizer terms as those issued by the association of American plant food control officials.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-11. Adulteration.

No person shall distribute an adulterated fertilizer product. A commercial fertilizer is deemed to be adulterated:

1. If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use, which may be necessary to protect plant life, are not shown upon the label;
2. If its composition falls below or differs from that which it is purported to possess by its labeling;
3. If it contains unwanted crop seed or weed seed.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-12. Publications.

The director shall publish at least annually and in any form that the director may deem proper the results of analyses based on official samples of commercial fertilizers distributed within the state as compared with the analyses guaranteed under §§ 2-7-4 and 2-7-5 .

History of Section. P.L. 1977, ch. 168, § 2.

2-7-13. Rules and regulations.

The director is authorized to prescribe and, after a public hearing following public notice, to enforce any rules and regulations relating to investigational allowances, definitions, records, and the distribution of commercial fertilizers that may be necessary to carry into effect the full intent and meaning of this chapter.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-14. Short weight.

If any commercial fertilizer in the possession of the consumer is found by the director to be short in weight, the registrant of that commercial fertilizer shall within thirty (30) days after official notice from the director pay to the consumer a penalty equal to four (4) times the value of the actual shortage.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-15. Cancellation of registrations.

The director is authorized and empowered to cancel the registration of any brand of commercial fertilizer or to refuse to register any brand of commercial fertilizer as provided in this chapter, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this chapter or any rules and regulations promulgated under this chapter. No registration shall be revoked or refused until the registrant has been given the opportunity to appear for a hearing by the director.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-16. “Stop sale” orders.

The director may issue and enforce a written or printed “stop sale, use, or removal” order to the owner or custodian of any lot of commercial fertilizer and to hold at a designated place when the director finds the commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and the commercial fertilizer is released in writing by the director, or the violation has been otherwise legally disposed of by written authority. The director shall release the commercial fertilizer so withdrawn when the requirements of the provisions of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-17. Seizure, condemnation, and sale.

Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which the commercial fertilizer is located. In the event the court finds the commercial fertilizer to be in violation of this chapter and orders the condemnation of the commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state: provided, that in no instance shall the disposition of the commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or for permission to process or relabel the commercial fertilizer to bring it into compliance with this chapter.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-18. Violations.

1. If it appears from the examination of any commercial fertilizer that any of the provisions of this chapter or the rules and regulations issued under this chapter have been violated, the director shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom the sample was taken; any person notified shall be given opportunity to be heard under any rules and regulations that may be prescribed by the director. If it appears after the hearing, either in the presence or absence of the person so notified, that any of the provisions of this chapter or rules and regulations issued under this chapter have been violated, the director may certify the facts to the attorney general.
2. Any person convicted of violating any provision of this chapter or rules and regulations issued under this chapter shall be punished in the discretion of the court.
3. Nothing in this chapter shall be construed as requiring the director or the director’s representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when the director believes that the public interest will be best served by a suitable notice of warning in writing.
4. It is the duty of the attorney general to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
5. The director is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under the chapter notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-19. Exchanges between manufacturers.

Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or manipulators who have registered their brands as required by the provisions of this chapter.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-20. Constitutionality.

If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, the judgment shall not affect, impair, or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, or part directly involved in the controversy in which the judgment has been rendered.

History of Section. P.L. 1977, ch. 168, § 2.

2-7-21 — 2-7-32. Repealed.

2-8-1 — 2-8-28. Repealed.

2-9-1, 2-9-2. [Obsolete.]

2-9-3. Leases and concessions on reservations.

The department of environmental management may let, rent or lease any parts of the reservations under its control or any building on the reservation and may grant any concessions on or about those reservations, as in the opinion of the director of environmental management may seem necessary or advisable, but not for periods in excess of five (5) years.

History of Section. P.L. 1919, ch. 1742, § 3; G.L. 1923, ch. 279, § 2; G.L. 1938, ch. 220, § 2; impl. am. P.L. 1952, ch. 2973, § 1; G.L. 1956, § 2-9-3 .

2-9-4. Employees — Records — Annual report.

The director of environmental management shall determine the duties of all employees, remove them in the manner provided by chapter 4 of title 36, and make all reasonable rules and regulations concerning them. The maps, plans, documents, records, books, papers, and accounts of the department are subject to public inspection at any times that the director may determine. The director shall make an annual report to the general assembly together with a full statement of the receipts and disbursements of the department.

History of Section. P.L. 1907, ch. 1466, § 2; G.L. 1909, ch. 238, § 2; G.L. 1923, ch. 279, § 3; P.L. 1929, ch. 1357, § 1; G.L. 1938, ch. 220, § 3; impl. am. P.L. 1952, ch. 2973, § 3; impl. am. P.L. 1952, ch. 2975, § 17; G.L. 1956, § 2-9-4 .

2-9-5. Appropriations — Expenses.

The general assembly shall annually appropriate any sums that it may deem necessary for the purposes of this chapter; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sums appropriated, or sums that may from time to time be required, upon receipt by him or her of proper vouchers approved by the director of environmental management.

History of Section. P.L. 1919, ch. 1742, § 4; P.L. 1920, ch. 1837, § 1; G.L. 1923, ch. 279, § 3; P.L. 1926, ch. 824, § 1; P.L. 1929, ch. 1357, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 220, § 3; impl. am. P.L. 1939, ch. 660, § 65; impl. am. P.L. 1952, ch. 2973, § 3; G.L. 1956, § 2-9-5 .

2-9-6. Publication of information.

It is the duty of the director of environmental management to obtain and publish information concerning the extent and condition of the forest lands in the state and the means of protecting the forests from fire and other depredation, and to diffuse as widely as possible, by public addresses and personal communication, a knowledge of practical forestry and methods of replanting deforested areas.

History of Section. P.L. 1906, ch. 1322, § 2; G. L. 1909, ch. 239, § 2; G.L. 1923, ch. 280, § 2; G.L. 1938, ch. 223, § 1; impl. am. P.L. 1952, ch. 2973, § 4; G.L. 1956, § 2-9-6 .

2-9-7, 2-9-8. [Obsolete.]

2-10-1. Acceptance of property for demonstration and experimentation purposes.

The director of environmental management is authorized and empowered, with the approval of the governor, and subject, in the case of real property, to the provisions of chapter 6 of title 37, to accept on behalf of the state any property given to the state absolutely and in fee simple for general forest demonstration and experimentation purposes, but no acceptance makes the state in any manner legally or equitably liable to any person relative to the care, preservation or use of the property. All deeds, contracts and other documents in connection with the transfer of the property shall be approved by the attorney general.

History of Section. G.L. 1923, ch. 280, § 6; P.L. 1931, ch. 1764, § 1; G.L. 1938, ch. 223, § 3; impl. am. P.L. 1953, ch. 3105, § 2; G.L. 1956, § 2-10-1 .

2-10-2. Use of property.

Property accepted pursuant to § 2-10-1 shall be used by the department of environmental management under the supervision of the director, for any forest demonstration and experimentation purposes that they deem best designed to promote the science and practice of forestry in this state.

History of Section. G.L. 1923, ch. 280, § 7; P.L. 1931, ch. 1764, § 1; G.L. 1938, ch. 223, § 4; impl. am. P.L. 1952, ch. 2973, § 4; G.L. 1956, § 2-10-2 ; P.L. 1987, ch. 78, § 8.

2-10-3. State forestry fund.

Whenever appropriate receipts, monetary gifts, or securities are received, the director of environmental management shall give the funds to the general treasurer until he or she desires to use the funds for forest demonstration and experimentation purposes and the general treasurer shall keep those funds in a special account known as the state forestry fund, and he or she shall invest and reinvest the funds in those securities that by law the sinking fund commission is authorized to invest in. Whenever the director desires to convert any of those investments into cash to be used to promote the science and practice of forestry in this state, the director shall notify the general treasurer in writing who shall forthwith proceed to carry out his or her request. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment from those investments of any of those sums upon receipt by him or her of proper vouchers approved by the director.

History of Section. G.L. 1923, ch. 280, § 8; P.L. 1931, ch. 1764, § 1; G.L. 1938, ch. 223, § 5; impl. am. P.L. 1939, ch. 660, §§ 65, 200; G.L. 1956, § 2-10-3 ; P.L. 1992, ch. 133, art. 23, § 1.

2-10-3.1. Assessment of fees for forestry services.

The director of the department of environmental management shall promulgate regulations for the purposes of assessing fees for services provided by the division of forest environment as outlined in chapters 15 and 19 of this title, as well as for services provided by the division of forest environment for the protection, enhancement, and management of this state’s forest resources and these funds shall be deposited within the state forestry fund as provided for in § 2-10-3 .

History of Section. P.L. 1992, ch. 133, art. 23, § 2.

2-10-4. State forest areas acquired from United States.

1. For the purpose of cooperating with the United States government in the proper utilization of lands in this state suitable for the maintenance of forest areas, the director of environmental management is authorized and empowered, with the approval of the governor and irrespective of any other provision of law, to acquire, without expense to the state except a nominal consideration, by deed or lease from, or by agreement with, the United States or any authorized agency of the United States, lands or interests in lands in this state which in the judgment of the director and the governor are suitable for use for the purpose of, or in connection with, the establishment or maintenance of state forests or forest areas, and to use those lands or interests in lands so acquired, or to cause them to be used, for general forest demonstration and experimental purposes and in any other ways that in the judgment of the director and the governor will be most suitable for state forests or forest areas and will best promote the public good.
2. 1. The director is authorized and empowered to sell or otherwise dispose of products from state forests or forest areas, and to make any rules and regulations that may be necessary in connection with the land.
   2. 1. Revenues received from state forests and forest areas shall be turned over to the general treasurer and placed in a fund to be known as the state forestry fund.
      2. A special record shall be kept as to those revenues when there is an obligation in connection with those revenues to reimburse the United States, and payment shall be made to the United States in accordance with the terms of the agreement entered into between the director and the United States.
   3. When the purchase price, which shall not exceed the amount expended by the United States in the acquisition of the lands, has been repaid, title to the lands shall be taken in the name of the state.
   4. Revenues received from state forests or forest areas beyond those required to reimburse the United States shall be expended for the maintenance and development of state forests and forest areas whenever the agreement between the director and the United States requires it.
3. Obligations for the acquisition of lands under the authority of this chapter shall be paid solely from revenues derived from those lands, and shall not impose any liability on the general credit and taxing power of the state. Revenues received from state forests and forest areas, where there is no obligation to reimburse the United States, shall be deposited in a fund known as the state forestry fund.
4. All deeds, contracts and other agreements in connection with the transfer of state forests or forest areas shall be approved as to form by the attorney general.
5. All civil and criminal processes issued under the authority of this state or of any department or officer of this state may be served and executed on state forests or forest areas and in any buildings or structures in state forests or forest areas.

History of Section. G.L. 1923, ch. 280, § 9; P.L. 1935, ch. 2262, § 1; G.L. 1938, ch. 223, § 6; G.L. 1956, § 2-10-4 ; P.L. 1992, ch. 133, art. 23, § 1.

2-10-5. Acquisition of property — Acceptance of grants and gifts.

1. The director of environmental management, with the approval of the governor, is authorized and empowered, subject to the provisions of chapter 6 of title 37, to acquire by rental, lease or purchase any property which in the judgment of the director and the governor is suitable for use in the establishment and maintenance of camp sites in connection with the work of any public agency engaged in conservation projects or in the establishment and maintenance of forest areas for any purposes that may be required by law.
2. The director may also accept any allotment or grant of money from the United States government for the purchase and development of property for the uses stated.
3. 1. The director may accept gifts of money as provided in § 2-10-1 .
   2. All sums of money accepted in accordance with the provisions of this chapter shall be turned over to the general treasurer and placed in a special fund known as the state forestry fund.
4. The director, from the funds received under the provisions of this chapter, may expend sums of money for the purchase of forest lands and for the purpose of development of the property acquired for forest stewardship programs and for the maintenance of state forests.
5. All deeds, contracts and other documents in connection with the transfer of property shall be approved as to form by the attorney general.

History of Section. G.L. 1923, ch. 280, § 10; P.L. 1935, ch. 2218, § 1; G.L. 1938, ch. 223, § 7; impl. am. P.L. 1952, ch. 3105, § 2; G.L. 1956, § 2-10-5 ; P.L. 1992, ch. 133, art. 23, § 1.

2-10-6. Deposit of forest revenues.

The director of environmental management shall deposit with the general treasurer in the state forestry fund as provided for in § 2-10-3 all moneys received from the sale of forest products cut in the state forests, state forest parks or other reservations within the state, and receipts from the sale of land belonging to the state and used for forest purposes.

History of Section. G.L. 1923, ch. 223, § 8; P.L. 1940, ch. 914, § 2; P.L. 1944, ch. 1443, § 1; G.L. 1956, § 2-10-6 ; P.L. 1992, ch. 133, art. 23, § 1.

2-10-7. Repealed.

History of Section. G.L. 1956, ch. 223, § 9; P.L. 1940, ch. 914, § 2; 1944, ch. 1443, § 1; Repealed by P.L. 1966, ch. 224, § 1.

2-10-8. Receipt of federal grants.

The general treasurer is authorized to receive any moneys that may be placed at the disposal of the state by the United States government, or any department of the United States, under the provisions of any law, cooperative agreement or otherwise, for the purpose of protecting, preserving or developing the woodlands and forestry in this state.

History of Section. P.L. 1909, ch. 451, § 15; P.L. 1922, ch. 2166, § 1; G.L. 1923, ch. 281, § 15; G.L. 1938, ch. 224, § 15; P.L. 1944, ch. 1444, § 1; G.L. 1956, § 2-10-8 .

2-10-9. Receipts from land condemned by United States.

Any sums received by the state as the proceeds resulting from the condemnation by the federal government, or any agency or agent of the federal government, of any lands, under the jurisdiction of the department of environmental management shall be deposited in the general fund.

History of Section. P.L. 1944, ch. 1492, § 1; impl. am. P.L. 1952, ch. 2973, §§ 1, 3; G.L. 1956, § 2-10-9 ; P.L. 1959, ch. 134, § 1.

2-10-10. [Obsolete.]

2-10-11. Purchase and sale of seedlings.

For the purpose of encouraging reforestation, the director of environmental management is authorized and empowered to purchase, and resell at cost to the owners of any farm or woodlands in this state, tree seedlings to be planted on those farms or land. Nothing in this section authorizes the director to incur any obligation for the payment of any sum by the state nor to charge any fee or profit for his or her services under this section.

History of Section. G.L. 1923, ch. 280, § 5; P.L. 1928, ch. 1136, § 1; G.L. 1938, ch. 223, § 2; impl. am. P.L. 1952, ch. 2973, § 4; G.L. 1956, § 2-10-11 .

2-10-12. Operation of nurseries.

The state is authorized to establish, operate and maintain nurseries for the production of forest seedlings. Those trees may be used to reforest any land owned by the state, or may be used for planting on other public lands any such terms deemed to be for the public benefit. Any surplus may be supplied to owners of private land, at a price not exceeding the cost of production, for reforestation purposes upon rural land which has an assessed value of not exceeding fifty dollars ($50.00) per acre. Trees so purchased by owners of private land for reforestation of rural land shall not be removed from the premises of the rural landowner with the roots attached.

History of Section. G.L. 1938, ch. 280, § 11; P.L. 1938, ch. 2609, § 1; G.L. 1938, ch. 223, § 9; G.L., ch. 223, § 12, as redesignated by P.L. 1940, ch. 914, § 1; G.L. 1956, § 2-10-12 .

2-10-13. Enforcement.

It is the duty of the director of environmental management or his or her authorized representative to enforce the provisions of this chapter and of chapter 15 of this title and to prosecute any person, firm, or corporation, that, in his or her opinion, is guilty of the violation of any of the provisions of this chapter, and in all those prosecutions the director or the director’s authorized representative is not required to enter into any recognizance or to give surety for costs. It is the duty of the attorney general to conduct the prosecution brought by the director under the provisions of this chapter and of chapter 15 of this title.

History of Section. P.L. 1935, ch. 2250, § 103; G.L. 1938, ch. 223, § 10; G.L., ch. 223, § 13, as redesignated by P.L. 1940, ch. 914, § 1; impl. am. P.L. 1952, ch. 2973, § 4; G.L. 1956, § 2-10-13 ; P.L. 1958, ch. 172, § 2.

2-11-1. Definitions.

For the purpose of this chapter:

1. “Authorized representative” means anyone recognized and/or appointed and/or commissioned by the director of the department of environmental management to exercise and pursue the laws, rules and regulations intended by this chapter.
2. “Authorized senior officer” means a member of a fire organization who is authorized by the fire chief to issue burning permits.
3. “Director” means the director of the department of environmental management.
4. “Fire chief” means the elected, appointed, designated or recognized leader and member of a fire organization.
5. “Flammable material” means any substance that will burn, including, but not limited to, refuse, debris, waste, forest material, brush, stumps, logs, rubbish, fallen timber, grass, stubble, leaves, fallow land, slash crops or crop residue.
6. “Forest fire” or “Wildland fire” means any fire occurring on forest land or wildland.
7. “Forest land” or “Wildland” means timbered land, potential timber producing land, cutover or burned timber land or grass lands not including lands devoted to agriculture.
8. “Person” means any individual, corporation, partnership, association, municipality, other public body, legal entity, employee or agent of the person.
9. “Senior officer” means a member of a fire organization who would be next in command during the absence of the fire chief.

History of Section. G.L. 1956, § 2-11-1 ; P.L. 1970, ch. 124, § 2.

2-11-2. Designation of fire chief, senior officer, and forest fire district.

The local chief shall be elected, appointed, or designated by the procedure established and within the framework spelled out in the fire company or fire district, city or town charter, by-laws, constitution, or any other existing format for appointment of a fire chief. The fire chief’s term of office is recognized as that which is spelled out in the fire company or fire district, city or town charter, by-laws, constitution, or any other existing format for such term of appointment. The fire chief elected, appointed, or designated shall forthwith notify the director of the department of environmental management of the election, appointment, or designation and shall further notify the director of his or her specific forest fire district and jurisdiction. The director may then enter into agreements with each fire chief and fire company to provide assistance and to accept assistance in the prevention and control of forest fires and enforcement of forest fire laws that may include training of personnel. It is the responsibility of the city or town council to appoint a qualified resident to forest fire chief and to designate a forest fire company for any portion of the city or town not protected by an existing fire chief and fire company. If the city or town council of any city or town shall fail to appoint a fire chief as required by this section, the director of the department of environmental management shall appoint some qualified resident of the city or town to act as fire chief until an appointment shall be made by the city or town council as provided in this section. In any fire company or fire district, the fire chief shall establish and define his or her forest fire district and jurisdiction and shall designate a qualified resident of each district to serve as authorized senior officer. Any designated senior officer shall serve at the pleasure of the fire chief by whom he or she was designated. A fire chief shall notify the director of the department of environmental management of each authorized senior officer designated by him or her, and of each removal from designation by him or her, forthwith upon the designation or removal.

History of Section. G.L. 1956, § 2-11-2 ; P.L. 1970, ch. 124, § 2; P.L. 2016, ch. 512, art. 2, § 39.

2-11-3. Compensation of fire chief, senior officer, and their employees.

Each fire chief, senior officer, and employee of any fire chief or senior officer shall receive an hourly rate equivalent to the existing state minimum hourly wage as prescribed by the minimum wage law, chapter 12 of title 28. Payment will be for his or her actual services rendered under this chapter and chapter 12 of this title in extinguishing forest fires. A person summoned by a fire chief or senior officer to assist in the extinguishment of a forest fire may be allowed once in any one day a three (3) hour minimum pay. Payment for property used under the direction of the fire chief or senior officer shall be made at a rate prescribed by the director of the department of environmental management. In addition to this compensation, each fire chief shall be paid one hundred dollars ($100) a year. This sum shall be in lieu of all allowances for making reports, for postage, for posting notices, for issuing permits, for telephoning, and for other services not provided in this chapter, provided that these services actually have been rendered, or that the expenses have been incurred.

History of Section. G.L. 1956, § 2-11-3 ; P.L. 1970, ch. 124, § 2.

2-11-4. Patrols during drought.

During a period of drought, the local fire chief or senior officer in the fire company may require and request their fire personnel to patrol their districts, provided approval for the patrolling is first obtained from the director of the department of environmental management and the expenses for the patrolling are paid at the same rate and in the same way as for fighting fires.

History of Section. G.L. 1956, § 2-11-4 ; P.L. 1970, ch. 124, § 2.

2-11-5. Reports of fires.

Within two (2) weeks after any forest fire, the local fire chief of the local fire district in which the fire occurs shall mail a report of the fire to the director of the department of environmental management using the printed form furnished for that purpose. In case any local fire chief fails to make the report as required by this section, or the local fire chief fails to transmit a copy of the itemized account as provided in § 2-11-6 , the fire department or fire district shall not receive from the state the payment due under § 2-11-6 for extinguishing the fire.

History of Section. G.L. 1956, § 2-11-5 ; P.L. 1970, ch. 124, § 2; P.L. 1971, ch. 24, § 1; P.L. 2016, ch. 512, art. 2, § 39.

2-11-6. Payments to local fire companies and districts.

Of the money required for all payments for the property used, and services rendered in extinguishing forest fires, fifty percent (50%) shall be paid by the state to the local fire company or fire district. The payment for work done in preventing and extinguishing forest fires shall not be made until an itemized account of all the labor performed and materials used is submitted by the local fire chief of the forest fire district or jurisdiction in which the work is done or the assistance rendered, and is approved for payment by the local fire chief of the forest fire district or jurisdiction, who shall, within sixty (60) days from the date of any fire, transmit a copy of the itemized account and order for payment to the director of the department of environmental management for the director’s approval and when the itemized account and order for payment is approved the director shall transmit the account and order to the state controller who shall draw his or her order upon the general treasurer for the payment of fifty percent (50%) of the money to the local fire company or fire district.

History of Section. G.L. 1956, § 2-11-6 ; P.L. 1970, ch. 124, § 2.

2-11-7. Incidental expenses.

The clerical work, posters, signs, printed matter and other supplies furnished by the director of the department of environmental management under this chapter and chapter 12 of this title, may be paid for out of the appropriation made as prescribed in § 2-11-11 ; provided, that any fire company, district, or any city or town may pay for any additional service for the prevention or extinguishment of forest fires that the fire company, district, or city or town council may authorize.

History of Section. G.L. 1956, § 2-11-7 ; P.L. 1970, ch. 124, § 2; P.L. 1992, ch. 133, art. 23, § 3.

2-11-8. Badges.

Every fire chief or senior officer shall, when on duty, wear in plain sight a badge inscribed with the state seal and the words fire chief or senior officer.

History of Section. G.L. 1956, § 2-11-8 ; P.L. 1970, ch. 124, § 2; P.L. 1992, ch. 133, art. 23, § 3.

2-11-9. Enforcement powers of fire chiefs.

The fire chiefs shall enforce all laws relating to forest fires, and shall not be required to give surety for costs upon any complaint made by him or her. The fire chiefs shall have the power to arrest without a warrant any person detected in the act of setting or maintaining fire unlawfully.

History of Section. G.L. 1956, § 2-11-9 ; P.L. 1970, ch. 124, § 2.

2-11-10. Subpoena of witnesses.

For the purpose of investigating the causes of fire, the fire chiefs shall have the power to subpoena witnesses.

History of Section. G.L. 1956, § 2-11-10 ; P.L. 1970, ch. 124, § 2.

2-11-11. State appropriations.

The general assembly shall annually appropriate any sums that it may deem necessary in carrying out the provisions of this chapter and chapter 12 of this title and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sums appropriated, or so much of the sums as may be required, upon receipt by him or her of proper vouchers approved by the director of environmental management.

History of Section. G.L. 1956, § 2-11-11 ; P.L. 1970, ch. 124, § 2.

2-12-1. Definitions.

For the purposes of this chapter:

1. “Authorized representative” means anyone recognized and/or appointed and/or commissioned by the director of the department of natural resources to exercise and pursue the laws, rules and regulations intended by this chapter.
2. “Authorized senior officer” means a member of a fire organization who is authorized by the fire chief to issue burning permits.
3. “Director” means the director of the department of environmental management.
4. “Fire chief” means the elected, appointed, designated or recognized leader and member of a fire organization.
5. “Flammable material” means any substance that will burn, including but not limited to, refuse, debris, waste forest material, brush, stumps, logs, rubbish, fallen timber, grass, stubble, leaves, fallow land, slash crops or crop residue.
6. “Forest fire” or “Wildland fire” means any fire occurring on forest land or wildland.
7. “Forest land” or “Wildland” means timbered land, potential timber producing land, cutover or burned timber land or grass lands not including lands devoted to agriculture.
8. “Person” means any individual, corporation, partnership, association, municipality or other public body or legal entity or employee or agent of the person.
9. “Senior officer” means a member of a fire organization who would be next in command during the absence of the fire chief.

History of Section. G.L. 1956, § 2-12-1 ; P.L. 1970, ch. 124, § 4.

2-12-2. Fire fighting equipment.

The director of environmental management may purchase any special forest fire equipment and supplies that in his or her judgment may be necessary to promptly and quickly extinguish forest fires occurring in the more heavily wooded areas of the state, and the equipment and supplies shall be located in each of the forest lookout station zones at those places and under any supervision that the director may designate. The equipment and supplies may consist of gas masks, pumps, hose, brooms, shovels, trucks and similar articles, but the equipment and supplies shall not be purchased until an appropriation is made by the general assembly.

History of Section. G.L. 1956, § 2-12-2 ; P.L. 1970, ch. 124, § 4.

2-12-3. Lookout stations and appropriations.

1. 1. For the purpose of protecting the forests from fire, the director of environmental management may expend, within the amount appropriated, a sum sufficient to establish, equip and maintain lookout stations, may purchase or lease necessary land and purchase material, contract for the construction of lookout stations, employ a watcher at each station established during those periods in each year that the director may deem advisable, and shall fix the rate per hour for those services. The watchers shall at all times, during their employment, be subject to the control of the director.
   2. The director of environmental management may cooperate in forest protection and may enter into agreements with other states, groups of states and the federal government to provide assistance and accept assistance in the control of fires which may include training of personnel. Any employee of the department of environmental management assigned to fire control duties or training programs outside this state shall be considered the same as working inside this state for the purpose of compensation and other employee benefits.
2. The general assembly shall annually appropriate, out of any money in the treasury not otherwise appropriated, in addition to any other moneys appropriated for this purpose, any sum as it may deem necessary to be expended under the direction of the department of environmental management for the purpose of providing for keeping open and operating the forest fire towers in this state throughout twelve (12) months of each year and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum, or so much as may be required from time to time, upon the receipt by him or her of proper vouchers approved by the director of environmental management, provided that authority is given to the director of environmental management to utilize the services of the personnel assigned to the operation of forest fire towers for other phases of the forestry, parks and parkways program, whenever, in his or her discretion, because of certain seasonal weather conditions, forest fire towers are not required to be staffed with a full complement of personnel.

History of Section. G.L. 1956, § 2-12-3 ; P.L. 1970, ch. 124, § 4; P.L. 1972, ch. 80, § 1.

2-12-4. Conferences of fire chiefs and senior officers.

The director of environmental management may, from time to time, call together the city or town and district fire chiefs and senior officers of the several cities and towns at places as he or she may designate, for conference and for instruction in methods of forest fire suppression. Fire chiefs and senior officers attending those conferences or meetings for instruction may be allowed their actual expenses incurred for attending not exceeding two (2) conferences or meetings during any one calendar year and those expenses shall be paid from the appropriation provided for by § 2-11-11 upon vouchers approved by the director of environmental management.

History of Section. G.L. 1956, § 2-12-4 ; P.L. 1970, ch. 124, § 4.

2-12-5. Rules and regulations.

The director of the department of environmental management may make any rules and regulations, not inconsistent with law, that in his or her judgment may be helpful in carrying out the provisions of this chapter and of preventing and suppressing forest fires.

History of Section. G.L. 1956, § 2-12-5 ; P.L. 1970, ch. 124, § 4.

2-12-6. Restrictions on open air fires.

Except as otherwise provided in this chapter, no person shall burn any flammable material on or adjacent to forest land without a written permit from the director of the department of environmental management or, his or her authorized representative, on forms prepared and under rules and regulations approved by the director, provided whoever sets or maintains a permit fire shall totally extinguish the permit fire before leaving it and the director, or his or her authorized representative, may cancel or suspend any or all permits, if, in his or her opinion, public necessity requires it. Any person doing any burning on or adjacent to forest land prior to burning operations, and at all times during the continuance of these operations, shall do that work in and around the area in which the burning is done as may be required by the director by rules and regulations promulgated under the authority granted in § 2-12-5 . Whoever violates the provisions of this section shall, upon conviction, be liable to a fine not exceeding one hundred dollars ($100) nor less than ten dollars ($10.00) or to imprisonment not exceeding thirty (30) days nor less than ten (10) days or both.

History of Section. P.L. 1970, ch. 124, § 4.

2-12-7. Exemption of attended fires.

The provisions of § 2-12-6 do not apply to fires set or maintained in accordance with regulations approved by the director of the department of environmental management or his or her duly authorized representative, or to any act that may be done under authority given to any incorporated fire district or under the supervision of a fire chief or senior officer in which case the person requesting supervision shall pay for the actual time required for the supervision, to the city or town fire chief or senior officer, the prevailing rate per hour customarily paid to supervisory employees on construction work in the area or to burning in attended incinerators, fireplaces or rubbish burners, provided that time of burning and location of the incinerator, fireplace or rubbish burner is such that fires from any incinerator, fireplace or rubbish burner will not endanger any forest and pasture, brush, sprout, waste or cutover woodland or buildings. The provisions of § 2-12-6 shall not apply to fire chiefs and senior officers, the director of environmental management or any member of the department of environmental management authorized by him or her, when engaged in the discharge of their duties under this chapter, or to any incorporated volunteer fire company authorized in writing by the director of environmental management while engaged in prevention burning. Whoever sets or maintains any attended fire shall totally extinguish the attended fire before leaving it and failure to do so shall make the person, upon conviction, liable to a fine not exceeding one hundred dollars ($100) or less than ten dollars ($10.00) or to imprisonment not exceeding thirty (30) days nor less than ten (10) days or both, and further they shall be liable in a civil action for the payment to the state or fire company for the expenses incurred by the fire chief or senior officer or any other authorized forest fire official in attending or suppressing fire or fires as result from that burning.

History of Section. G.L. 1956, § 2-12-7 ; P.L. 1970, ch. 124, § 4.

2-12-8. Enforcement.

The director of environmental management or any employee of the department authorized by him or her has the powers and is subject to the duties and obligations specified in chapter 7 of title 12 in dealing with any violations of the provisions of chapters 9, 10, 11, 12 and 15 of title 2.

History of Section. G.L. 1956, § 2-12-8 ; P.L. 1970, ch. 124, § 4.

2-12-9. Causing of fires.

1. A person shall not:
   1. Dispose of a lighted match, cigarette, cigar, ashes or other flaming or glowing substance or any other substance or thing that is likely to ignite a forest, brush, grass or woods fire, or throw or drop from a moving vehicle any of those objects or substances;
   2. Set a backfire or cause a backfire to be set, except under the direct supervision of an established fire control agency or unless it can be established that the setting of the backfire is necessary for the purpose of saving life or valuable property;
   3. Destroy, break down, mutilate or remove any fire control sign or poster erected by an established fire control agency in the administration of its lawful duties and authorities;
   4. Use or operate on or adjacent to forest land, a welding torch, tar pot, or other device which may cause a fire, without clearing flammable material surrounding the operation or without taking other precautions prescribed by the director to insure against the starting and spreading of fire;
   5. Operate or cause to be operated any engine, other machinery or powered vehicle not equipped with spark arresters, or other suitable devices to prevent the escape of fire or sparks; or
   6. Discharge or cause to be discharged a gun firing incendiary or tracer bullets or tracer charge on to or across any forest land.
2. Any person who violates the provisions of this section shall, upon conviction, be punished by a fine not exceeding one hundred dollars ($100) nor less than twenty-five dollars ($25.00) for each offense.

History of Section. G.L. 1956, § 2-12-9 ; P.L. 1970, ch. 124, § 4.

2-12-10. Fire upon land of another — Penalty — Liability for damages.

1. Any person being upon the land of another, or upon any highway adjacent to this land, who carelessly sets or maintains, or causes to be set or maintained, fire upon the land of another, shall, upon conviction, be punished by a fine of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200) or by imprisonment for not less than ten (10) days nor more than thirty (30) days, or both.
2. Any person being upon the land of another or upon any highway adjacent to this land, who willfully sets or maintains or willfully causes to be set or maintained fire upon land of another, shall, upon conviction, be punished by a fine of not more than two thousand dollars ($2,000) nor less than twenty-five dollars ($25.00) or by imprisonment for not more than five (5) years nor less than thirty (30) days, or both.
3. Any person who carelessly suffers or permits any fire on his or her own land to extend beyond the limits of their own land, whereby the forest land or property of another are damaged shall upon conviction be punished by a fine of not more than two hundred dollars ($200) nor less than twenty-five dollars ($25.00).
4. Any person convicted of the provisions of this section and of § 2-12-6 is liable for all damages caused and to civil action for the payment to the state or local fire company for all expenses incurred by the fire chief or senior officer or any other authorized forest fire official in attending or suppressing the fire or fires as a result from that action.

History of Section. G.L. 1956, § 2-12-10 ; P.L. 1970, ch. 124, § 4.

2-12-11. Fire fighting by fire chiefs and senior officers — Summons of assistance.

If a fire occurs in woodland, the fire chief, and the senior officer of the district in which the fire occurs, shall immediately take any measures that may be necessary, including backfiring and plowing, to control or extinguish the fire, and shall investigate the causes of fire and report the causes to the director. Any fire chief or senior officer has the authority to summon any use of bulldozers, trucks, and other property adapted to the purpose. Any person who refuses or neglects to assist or to allow the use of the bulldozers, trucks or other property required, is liable to a fine of not more than one hundred dollars ($100). All active members of an organized fire department shall be called as a unit only, the unit coming under the authority of the officer in charge of the fire department. The fire chief or senior officer in charge of a fire shall keep an account of the time of all persons assisting him or her, and a schedule of all property used.

History of Section. G.L. 1956, § 2-12-11 ; P.L. 1970, ch. 124, § 4; P.L. 1992, ch. 133, art. 23, § 4.

2-12-12. Posting of statutory provisions.

Notices containing a statement of §§ 2-12-6 , 2-12-8 , 2-12-10 — 2-12-12 , and § 2-12-19 , furnished by the director of the department of environmental management, shall be posted in suitable places by the fire chief.

History of Section. G.L. 1956, § 2-12-12 ; P.L. 1970, ch. 124, § 4.

2-12-13. Proclamation of hazardous conditions — Closing of forests.

1. Whenever in his or her opinion an unusual forest fire hazard exists, the director of environmental management shall notify the governor, who has the authority to forbid by proclamation, any person or persons entering forests, woodlands or open lands in any parts of the state that he or she deems the public interest requires, and may by that proclamation suspend any woods operations and open season for taking fish, birds and quadrupeds. The proclamation shall be in full force and effect immediately after notice is given in the manner the governor may determine, and shall remain in force until rescinded by the governor. This does not prevent entry into forest or woodland areas by forest fire suppression agents, law enforcement agents, legal residents of those areas or persons engaged in pursuits necessary to the public health and welfare or, by any agency or person authorized by the state director of environmental management.
2. Any authorized representative or representatives of the director of environmental management, as well as state and local police authorities, shall enforce the provisions of the proclamation. Any person or persons violating any of the provisions of this section shall be liable to a fine of not more than fifty dollars ($50.00) or imprisonment for not more than ten (10) days.

History of Section. G.L. 1956, § 2-12-13 ; P.L. 1970, ch. 124, § 4.

2-12-14. Closing of fishing and hunting seasons during drought.

Whenever during an open season for the hunting of any kind of game, or for fishing for any kind of fish, it appears to the governor that by reason of extreme drought the presence of hunters and persons fishing is likely to cause forest fires, he or she may, by proclamation, suspend the open season and make it a closed season for any time he or she may designate and may prohibit the discharge of firearms or the building of open fires on or near forest land during that time.

History of Section. G.L. 1956, § 2-12-14 ; P.L. 1970, ch. 124, § 4.

2-12-15. Emergency powers of director.

Whenever, in his or her opinion, an unusual forest fire hazard exists, the governor shall in writing, notify the director of environmental management, and shall likewise notify the director when in his or her opinion the hazard has ceased to exist. Between the dates of the receipt by him or her of the notices, the director has full charge of the hazard and all fire chiefs and senior officers shall obey his or her orders or those of his or her authorized representatives; and he and she and his or her authorized representatives shall have all the powers of fire chiefs and senior officers and the director of the department of environmental management may establish rates of payment for equipment used in the prevention and suppression of forest fires. Any time during this period of unusual forest fire hazard, the director may prohibit, by a written directive filed with the secretary of state and by public announcement, all open air fires and any other activity conducted in the open air that creates a forest or wildland fire hazard, in any areas of the state that he or she deems necessary to protect the health and property of the people of the state. Any person, firm or corporation who violates a directive, upon conviction, shall be liable to a fine not exceeding three hundred dollars ($300) nor less than fifty dollars ($50.00) or not exceeding ninety (90) days nor less than thirty (30) days’ imprisonment or both for each offense and each day shall be considered a separate offense.

History of Section. G.L. 1956, § 2-12-15 ; P.L. 1970, ch. 124, § 4.

2-12-16. Compensation of emergency fire fighters.

Between the dates the state shall, upon vouchers approved by the director of environmental management and out of the appropriation provided for by § 2-11-11 , pay fully, at the rate of the existing minimum wage per hour as set by the minimum wage law, all persons not resident of the city or town or fire district where they are employed by the director in fighting a forest fire and pay, at a rate prescribed by the director for all equipment and supplies coming from outside the city or town or fire district where they are to be used and authorized by the director in fighting forest fires but all other expenses shall be paid as provided in § 2-11-6 . The expense of the authorized representatives of the director shall be paid out of the appropriation authorized by § 2-11-11 .

History of Section. G.L. 1956, § 2-12-16 ; P.L. 1970, ch. 124, § 4.

2-12-17. Right of fire fighters and officials to enter land.

No action of trespass shall lie against any person crossing or working upon the land of another to extinguish fire or to the director of environmental management or his or her representatives from crossing or working upon lands of another to investigate fire.

History of Section. G.L. 1956, § 2-12-17 ; P.L. 1970, ch. 124, § 4.

2-12-18. Disposition of fines — Limitation of prosecutions.

All fines recovered by virtue of this chapter and chapter 11 of this title shall be equally divided between the complainant and the forest fire district in which the offense was committed, and all prosecutions shall be commenced within three (3) years after the commission of the offense and not afterwards.

History of Section. G.L. 1956, § 2-12-18 ; P.L. 1970, ch. 124, § 4.

2-12-19. Enforcement and prosecutions.

It is the duty of the director of the department of environmental management or his or her duly authorized representative to enforce the provisions of this chapter and chapter 11 of this title and to prosecute any person, firm or corporation who, in his or her opinion, is guilty of the violation of any of the provisions of this chapter and in all prosecutions the director or his or her authorized representative is not required to enter into any recognizance or to give surety for costs. It is the duty of the attorney general to conduct the prosecution brought by the director under the provisions of this chapter and chapter 11 of this title.

History of Section. G.L. 1956, § 2-12-19 ; P.L. 1970, ch. 124, § 4.

2-12-20. Civil liability of dump operator.

Every person, firm, corporation or public agency who maintains a dump on owned, rented or leased property is liable in a civil action for the payment to the state or fire company for the expenses incurred by the fire chief or senior officer, or any other authorized forest fire official, in attending or suppressing forest fire as a result of burning in that dump and shall further be liable in civil action for any damage to another’s property by fire as a result of burning in that dump.

History of Section. G.L. 1956, § 2-12-20 ; P.L. 1970, ch. 124, § 4.

2-12-21. Collection of fire suppression charges.

1. In lieu of any civil action that may be brought for the payment to the state or fire company for expenses incurred by a fire chief or senior officer, or authorized forest fire official in attending and suppressing a forest fire, the director of the department of environmental management, or his or her authorized representative, or the fire company jurisdiction or fire district in which the fire occurs, may submit to and collect from the person, firm, corporation or public agency causing the fire all charges for forest fire suppression costs. In the event those charges are submitted by a fire company or fire district to collect for suppression costs to any person, firm, corporation or public agency causing the fire, no payment shall be made by the state to the fire company or fire district as provided in §§ 2-11-6 , 2-12-6 and 2-12-16 . Within seven (7) days after the date of the fire, any fire chief of a fire company or fire district affected shall notify the director of the department of environmental management of his or her intention to submit suppression charges to any person, firm or corporation.
2. All suppression charges recovered by the department of environmental management shall be turned over to the general treasurer for the use of the state and a proper record shall be made of these suppression charges recovered.

History of Section. G.L. 1956, § 2-12-21 ; P.L. 1970, ch. 124, § 4.

2-13-1. Ratification of compact — Text.

The governor having entered on behalf of this state into a compact, substantially in the following form, with one or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, New York, and Vermont and with such other states of the United States or provinces of the Dominion of Canada as may have legally joined therein, the legislature hereby signifies its approval and ratification of the compact so entered into, as to any of such states or provinces that may have or may hereafter legally join in the compact:

NORTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT

2-13-2. Effective date as to future ratifications.

When the compact is ratified by any of the states of the United States that may legally join in the compact in accordance with the constitution and laws of that state or by any of the provinces of the dominion of Canada, in accordance with the laws of Canada, then the compact becomes operative and effective as between this state and that other state or states of the United States or provinces of the dominion of Canada.

History of Section. P.L. 1950, ch. 2430, § 2; G.L. 1956, § 2-13-2 .

2-13-3. Filing of notices of ratification and consent.

The original notice of ratification received from the governor or other authorized official of any state or province joining in the compact shall be filed with the official copy of the compact in the office of the secretary of state of this state, and the notice, if any, as may be received from the president or the congress of the United States, signifying the consent of the congress to the compact, shall be filed in the same manner.

History of Section. P.L. 1950, ch. 2430, § 2; G.L. 1956, § 2-13-3 .

2-13-4. Appointment of commissioners.

The governor shall designate and appoint three (3) members, called commissioners, of the northeastern forest fire protection commission. One of those commissioners shall always be the director of environmental management or an officer holding an equivalent position who is responsible for forest fire control, the second shall be a state legislator who is a member of the Rhode Island commission on interstate cooperation, and the third shall be a citizen of the state designated by the governor as his or her responsible representative to serve at the pleasure of the governor.

History of Section. P.L. 1950, ch. 2430, § 3; P.L. 1952, ch. 2962, § 1; impl. am. P.L. 1952, ch. 2973, § 3; G.L. 1956, § 2-13-4 .

2-13-5. Compensation of commissioners.

Each member of the commission shall receive his or her expenses actually and necessarily incurred by him or her in the performance of his or her duties and ten dollars ($10.00) per day as compensation, except that any member of the commission employed by the state of Rhode Island shall receive his or her regular salary in lieu of the ten dollars ($10.00) per day compensation while performing his or her duties as commissioner.

History of Section. P.L. 1950, ch. 2430, § 3; P.L. 1955, ch. 3493, § 1; G.L. 1956, § 2-13-5 .

2-13-6. Powers of commission.

There is granted to the commission and the commissioners all powers provided for in the compact and all the powers necessary or incidental to the carrying out of the compact. All officers of the state of Rhode Island are authorized and directed to do all things necessary or incidental to the carrying out of the compact and it being declared to be the policy of the state of Rhode Island to perform and carry out the compact and to accomplish the purposes of the compact and to execute a compact on behalf of the state of Rhode Island with any one or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, New York and Vermont and with any other states of the United States or provinces of the dominion of Canada as may legally join in the compact.

History of Section. P.L. 1950, ch. 2430, § 4; G.L. 1956, § 2-13-6 .

2-13-7. Forest fire plan.

The commission shall formulate and put into effect a forest fire plan and integrate the forest fire plan with the regional plan recommended by the compact commission. The plan shall include a reasonable effort to establish and maintain any adequate forest fire fighting services that are consistent with the requirements of the state and to make available those services to other signatory states consonant with maintaining reasonably safe protection to this state at all times.

History of Section. P.L. 1950, ch. 2430, § 4; G.L. 1956, § 2-13-7 .

2-13-8. Commission’s powers supplemental.

Any powers granted to the commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in the commission by other laws of the state of Rhode Island or by the laws of the states signatory to the compact or by the congress or the terms of the compact.

History of Section. P.L. 1950, ch. 2430, § 5; G.L. 1956, § 2-13-8 .

2-13-9. Fiscal accounts — Annual reports and recommendations.

The commission shall keep accurate accounts of all receipts and disbursements and shall report to the governor and the legislature of the state of Rhode Island on or before the 10th day of January in each year, setting forth in detail the transactions conducted by it during the twelve (12) months preceding January 1st of that year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the state of Rhode Island which may be necessary to carry out the intent and purposes of the compact between the signatory states and the provinces of the dominion of Canada.

History of Section. P.L. 1950, ch. 2430, § 6; G.L. 1956, § 2-13-9 .

2-13-10. Audit of commission’s books.

The controller of the state of Rhode Island is authorized and empowered from time to time to examine the accounts and books of the commission, including its receipts, disbursements and any other items referring to its financial standing that the controller deems proper and to report the results of that examination to the director of administration.

History of Section. P.L. 1950, ch. 2430, § 6; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 2-13-10 .

2-14-1. “Tree warden” defined.

Wherever in this chapter the term “tree warden” is used, it means the tree warden appointed by any town or city as provided in §§ 2-14-2 and 2-14-3 .

History of Section. P.L. 1931, ch. 1763, § 1; G.L. 1938, ch. 225, § 1; G.L. 1956, § 2-14-1 .

2-14-2. Appointment by town council or city mayor.

Every town council at its regular meeting in January of each year, and the mayor of every city on or before February 1 each year, shall appoint a tree warden who is, or who within six (6) months of his or her assuming office, becomes an arborist, licensed under chapter 19 of this title, to engage in the business or practice of all phases of tree care, including, but without limiting the generality to the planting, pruning, trimming, spraying, or repairing of fruit, shade, forest and ornamental trees and shrubs.

History of Section. P.L. 1931, ch. 1763, § 1; G.L. 1938, ch. 225, § 1; impl. am. P.L. 1952, ch. 2973, § 4; G.L. 1956, § 2-14-2 ; P.L. 1962, ch. 150, § 1; P.L. 1966, ch. 173, § 1; P.L. 1994, ch. 149, § 1; P.L. 1999, ch. 259, § 1; P.L. 1999, ch. 317, § 1; P.L. 2000, ch. 78, § 1; P.L. 2000, ch. 450, § 1.

2-14-3. Term of office — Vacancies.

A tree warden whose appointment is approved by the director of environmental management holds office until the first day of March in the year following his or her appointment and until his or her successor is appointed and approved as provided in § 2-14-2 . Any vacancy that may occur in the office of the tree warden of any city or town, from any cause, shall be filled by the town council of the town or by the mayor of any city, as the case may be, by the appointment of some person to serve as tree warden for the remainder of the term, and the appointment is subject to the approval of the director. If the town council of any town, or the mayor of any city, fails within sixty (60) days to appoint a tree warden as required by § 2-14-2 and this section, the director shall appoint some resident of the town or city to act as tree warden until an appointment is made by the town council or the mayor, as the case may be, and approved by the director as provided in § 2-14-2.

History of Section. P.L. 1931, ch. 1763, § 1; G.L. 1938, ch. 225, § 1; impl. am. P.L. 1952, ch. 2973, § 4; G.L. 1956, § 2-14-3 .

2-14-4. Deputies — Compensation of warden and deputies.

A tree warden may appoint any number of deputy tree wardens that he or she deems expedient and may at any time remove them from office. The tree warden and his or her deputies shall receive any compensation for their services that the town or city council may determine.

History of Section. P.L. 1931, ch. 1763, § 1; G.L. 1938, ch. 225, § 1; G.L. 1956, § 2-14-4 .

2-14-5. Trees under control of warden — Entry on private property.

The tree warden in a town or city has the care and control of all trees and shrubs, in whole or in part within the limits of any public road or grounds and within the limits of his or her town or city, except those on roads under the control of the department of transportation and those in public parks or grounds which are under the jurisdiction and control of the department of environmental management or the park commission of any town or city. The tree warden may assume the care and control of trees or shrubs in any public park if requested, in writing, by the department of environmental management or the park commission of any city or town. The care and control extends to any limbs, roots or parts of trees and shrubs that extend or overhang the limits or bounds of any public road or grounds, and the tree warden, or his or her agent, or an authorized agent of the department of transportation, or an authorized agent of the department of environmental management, or an authorized agent of the park commission of any town or city, may enter upon private property when necessary to exercise care and control.

History of Section. P.L. 1931, ch. 1763, § 2; G.L. 1938, ch. 225, § 2; impl. am. P.L. 1939, ch. 660, § 100; impl. am. P.L. 1952, ch. 2973, §§ 2, 4; G.L. 1956, § 2-14-5 .

2-14-6. Town or city forest areas — Supervision by department of environmental management.

The tree warden has charge of and is responsible for the management of all town or city forest areas, including the setting out of trees and the care and protection of the trees, except those areas specifically exempted in § 2-14-5 . When the town or city council requests the department of environmental management to give general supervision over its town or city forests, the tree warden shall follow those recommendations and cooperate closely with the department.

History of Section. P.L. 1931, ch. 1763, § 13; G.L. 1938, ch. 225, § 13; impl. am. P.L. 1952, ch. 2973, § 4; G.L. 1956, § 2-14-6 .

2-14-7. Powers and duties of wardens.

The tree warden shall expend all sums which are appropriated for the setting out, care and maintenance of trees and shrubs on roads and public places under his or her control. He or she shall enforce all provisions of law for the preservation of those trees and shrubs and may make suitable regulations governing the care and preservation of those trees and shrubs as he or she may deem expedient, and those regulations are subject to the approval of the town or city council.

History of Section. P.L. 1931, ch. 1763, § 3; G.L. 1938, ch. 225, § 3; G.L. 1956, § 2-14-7 .

2-14-8. Removal and pruning of trees.

Whenever, in the opinion of the tree warden, it is necessary to remove or prune any tree or shrub under his or her control, he or she may cause the tree or shrub to be removed or pruned at the expense of the town or city, and the town council or city council shall order paid to the person performing the work any reasonable compensation that may be determined and approved, in writing, by the tree warden. Unless the condition of the tree constitutes an immediate public hazard, he or she shall, at least five (5) days before the removal, post in the immediate vicinity a suitable notice stating his or her intention to remove the tree. If any person, firm or corporation objects to the removal, he or she or it may appeal to the tree warden, in writing, who shall hold a public hearing at some suitable time and place after giving reasonable notice of the hearing to all persons known to be interested and posting a suitable notice in the immediate vicinity. Within three (3) days after the hearing, the tree warden shall render his or her decision granting or denying the appeal. The department of transportation, the department of environmental management, and the park commission of any town or city have the right to remove or prune any tree or shrub at their own expense, but prior to the removal of any tree shall post a suitable notice in the immediate vicinity of the tree and, if requested, hold a public hearing and either grant or deny the appeal.

History of Section. P.L. 1931, ch. 1763, § 4; G.L. 1938, ch. 225, § 4; impl. am. P.L. 1939, ch. 660, § 100; impl. am. P.L. 1952, ch. 2973, §§ 2, 4; G.L. 1956, § 2-14-8 .

2-14-9. Suppression of pests and diseases.

In any case where the town or city council requests the department of environmental management to give general supervision over its town or city forest in the suppression of insect pests and tree diseases, the tree warden shall follow those recommendations and cooperate closely with the department of environmental management.

History of Section. P.L. 1931, ch. 1763, § 14; G.L. 1938, ch. 225, § 14; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-14-9 .

2-14-10. Local appropriations.

Each town or city may appropriate annually sums of money to be expended by the tree warden of a town or city in the planting, trimming, spraying, care, and preservation of shrubs or ornamental or shade trees within the limits of any public highway or grounds under his or her control and, at the discretion of the tree warden with the written consent of the owner, upon land adjoining any public highway or grounds, if not more than twenty (20) feet from the highway or grounds, for the purpose of shading or ornamenting highway or grounds.

History of Section. P.L. 1931, ch. 1763, § 6; G.L. 1938, ch. 225, § 6; G.L. 1956, § 2-14-10 ; P.L. 2006, ch. 564, § 1.

2-14-11. Application to Providence.

The provisions of this chapter shall not apply to the city of Providence, and this chapter shall in no way affect the provisions of chapter 1479 of the public laws, 1907, entitled “An act providing for the care and preservation of shade trees, and for other purposes, in the city of Providence,” as amended by chapter 693 of the public laws, 1925. The appointment of a tree warden for the city of Providence is approved by the director of environmental management, as provided in § 2-14-2 .

History of Section. P.L. 1931, ch. 1763, § 15; G.L. 1938, ch. 225, § 15; impl. am. P.L. 1952, ch. 2973, § 4; G.L. 1956, § 2-14-11 .

2-14-12. Application to West Greenwich.

The provisions of this chapter shall not apply to the tree warden of the town of West Greenwich who was appointed prior to July 1, 1986 and has served continuously as the tree warden since that date.

History of Section. P.L. 1999, ch. 208, § 1; P.L. 1999, ch. 328, § 1.

2-15-1. Registration of wood cutting operations.

No person, firm or corporation, or any authorized agent of that person, firm or corporation, shall cut or saw standing or growing trees, shrubs or vegetation for commercial forest products, other than for the owner’s own domestic use, unless the person, firm or corporation is registered as a woods operator with the department of environmental management. Application for a registration certificate shall be made, in writing, on or after July 1 of each year on forms prepared by the department of environmental management accompanied by a fee as authorized by regulation in § 2-10-3 .1 for each certificate, and all registration certificates shall expire on June 30 of the year following their issuance. Funds collected from registration fees as provided in this section shall be deposited within the state forestry fund as provided for in § 2-10-3 .

History of Section. G.L. 1938, ch. 281, § 27; P.L. 1932, ch. 1928, § 1; G.L. 1938, ch. 223, § 8; G.L., ch. 223, § 11, as redesignated by P.L. 1940, ch. 914, § 1; impl. am. P.L. 1952, ch. 2973, § 4; G.L. 1956, § 2-15-1 ; P.L. 1958, ch. 172, § 1; P.L. 1992, ch. 133, art. 23, § 5.

2-15-2. Reports to department — Suspensions.

Before any person, firm or corporation cuts or saws, as provided in this chapter, he or she shall at least five (5) days prior to the cutting or sawing notify the department of environmental management, on forms prepared by the department, of the location of the area and/or property. The five (5) day notice contained in this section may be reduced to any length of time, including a complete waiver of the five (5) day notice by the department, if in the discretion of the department the reduction is warranted. Failure to give the required notice is considered sufficient cause to suspend a registration certificate for a period not exceeding thirty (30) days. No suspension becomes effective unless the person, firm or corporation which is alleged to have failed to give the required notice has been notified of the alleged failure and has also had an opportunity to be heard. Any person, firm, or corporation, or any authorized agent of any person, firm or corporation shall utilize best management practices while harvesting trees as provided for in this chapter. Administrative fees for the filing of five (5) day notices shall be collected as provided for in § 2-10-3 .1 and deposited within the state forestry fund as provided for in § 2-10-3 .

History of Section. G.L. 1938, ch. 281, § 27; P.L. 1932, ch. 1928, § 1; G.L. 1938, ch. 223, § 8; G.L., ch. 223, § 11, as redesignated by P.L. 1940, ch. 914, § 1; G.L. 1956, § 2-15-2 ; P.L. 1958, ch. 172, § 1; P.L. 1961, ch. 182, § 1; P.L. 1992, ch. 133, art. 23, § 5.

2-15-3. Violations.

Any person, firm or corporation or agent who cuts or saws standing or growing trees, shrubs, or vegetation for commercial forest products from any location without first receiving a registration certificate shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100), nor more than five hundred dollars ($500).

History of Section. G.L. 1938, ch. 281, § 27; P.L. 1932, ch. 1928, § 1; G.L. 1938, ch. 223, § 8; G.L., ch. 223, § 11, as redesignated by P.L. 1940, ch. 914, § 1; impl. am. P.L. 1952, ch. 2973, § 4; G.L. 1956, § 2-15-3 ; P.L. 1958, ch. 172, § 1; P.L. 1980, ch. 276, § 1.

2-15-4. Exemptions from §§ 2-15-1 — 2-15-3.

The provisions of §§ 2-15-1 — 2-15-3 shall not be construed to mean the cutting of shade trees or shrubs, or the cutting or sawing on single holdings of less than five (5) acres or to woodland owners who cut or saw, for sale to others, no more than five thousand (5,000) board feet or twenty-five (25) cords of the items described in § 2-15-1 in any one registration year.

History of Section. G.L. 1938, ch. 281, § 27; P.L. 1932, ch. 1928, § 1; G.L. 1938, ch. 223, § 8; G.L., ch. 223, § 11, as redesignated by P.L. 1940, ch. 914, § 1; G.L. 1956, § 2-15-4 ; P.L. 1958, ch. 172, § 1; P.L. 1961, ch. 182, § 1; P.L. 1992, ch. 133, art. 23, § 5.

2-15-5. Removal of injurious plants.

The tree warden, the department of transportation, the department of environmental management or the park commission of any town or city or any state agency, may cause to be removed any trees or other plants within the limits of public highways or grounds under their respective jurisdiction, that are injurious plants or are obnoxious as hosts of insects or fungus pests. Any tree removed for any reason except for interference with public health or safety, within the limits of public highways shall be replaced by the state agency removing the tree as soon as weather conditions permit.

History of Section. P.L. 1931, ch. 1763, § 5; G.L. 1938, ch. 225, § 5; impl. am. P.L. 1939, ch. 660, § 100; impl. am. P.L. 1952, ch. 2973, §§ 2, 4; G.L. 1956, § 2-15-5 ; P.L. 1983, ch. 129, § 1.

2-15-6. Injuries to trees and shrubs prohibited.

1. No person shall, without the consent of the tree warden, the department of transportation, the department of environmental management, or the park commission of any town or city use climbing spurs for the purpose of climbing ornamental or shade trees, and no person or agent of a firm or corporation shall remove, cut down, prune, wilfully injure, or deface any shrub or tree within the limits of any public way or grounds without the written permission of the tree warden, or the department of transportation, or the department of environmental management, or the park commission of any town or city.
2. Any person, firm or corporation removing or cutting down a tree located along a state or municipal highway shall replace the tree with a hardy young tree of a similar kind in the same general location of the tree cut down or removed.

History of Section. P.L. 1931, ch. 1763, § 7; G.L. 1938, ch. 225, § 7; impl. am. P.L. 1939, ch. 660, § 100; impl. am. P.L. 1952, ch. 2973, §§ 2, 4; G.L. 1956, § 2-15-6 ; P.L. 1987, ch. 333, § 1.

2-15-7. Throwing of debris prohibited.

1. No person, or agent of a firm or corporation, shall:
   1. Deposit or throw any advertisement within the limits of any public way or grounds, or upon private premises or property, unless the advertisement is left at the door of the residence or place of business of the occupant of the premises or property;
   2. Throw, dump, or deposit or cause to be thrown, dumped, or deposited bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, old automobiles or parts, refuse of whatever nature, or any noxious thing on the public highway or within the limits of the highway right-of-way, or on lands or waters adjoining a public highway, without the consent of the owners of those lands or waters; or
   3. Throw, dump, or deposit or cause to be thrown, dumped, or deposited refuse or noxious things over the sides or approaches of any bridge or culvert into any stream or watercourse.
2. The tree warden, department of transportation, the department of environmental management, or the park commission of any town or city, as the case may be, may provide suitable locations equipped with proper fireplaces on the roadside of any public highway or on other public grounds under their jurisdiction for the building of fires, and equipped with trash cans for the deposit of rubbish or debris, the use of these locations and fireplaces to be subject to proper regulations. The fireplaces and the regulations governing their use shall meet with the approval of the director of environmental management.
3. Any person violating the provisions of this section shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500). Any violation shall be heard by the traffic tribunal in accordance with § 31-41.1-6 .

History of Section. P.L. 1931, ch. 1763, § 8; G.L. 1938, ch. 225, § 8; P.L. 1953, ch. 3221, § 1; G.L. 1956, § 2-15-7 ; P.L. 1980, ch. 153, § 2.

2-15-8. Permits for cutting or removal of plants or debris — Replacement of damaged or removed trees.

1. Whenever any person, firm or corporation other than a tree warden or his or her deputy, or an authorized agent of the department of transportation, or an authorized agent of the department of environmental management, or an authorized agent of the park commission of any town or city desires the cutting or removal, in whole or in part, of any public shrub or ornamental or shade tree, or the burning of any rubbish or debris upon any public highway or in any park or public grounds, that person, firm or corporation shall apply in writing to the tree warden or the department of transportation, the department of environmental management, or the park commission of any town or city, as the case may be, for permission to do the cutting, removing or burning and shall obtain a written permit before the cutting, removing or burning shall commence.
2. When the application is made for the cutting or removal of trees along any public highway for the purpose of moving, constructing or demolishing any building, the permit shall contain a provision that the applicant shall replace any trees that are removed or in the opinion of the issuer are substantially damaged in the process at his or her own expense and file a bond in an amount and with surety suitable to the issuer of the permit to assure performance of the same. The sum of the diameter of the replacement trees shall be substantially equivalent to the sum of the diameters of the trees which were cut or removed, and shall be planted within the immediate community area.
3. Any person, firm, corporation or governmental entity that removes or substantially damages, in whole or in part, any tree on public grounds shall replace the tree with a substantially equivalent tree or trees, the sum of the diameters of which are equal to twice that removed or damaged, in the immediate vicinity of the tree removed or damaged. This subsection does not apply to a public utility or its authorized agent when the work being performed is in accordance with a written tree trimming and tree replacement program filed with and approved by the tree warden in the municipality where the work is being done or by the state forester for work to be performed on state land and in municipalities that do not have functioning tree wardens.

History of Section. P.L. 1931, ch. 1763, § 9; G.L. 1938, ch. 225, § 9; impl. am. P.L. 1939, ch. 660, § 100; impl. am. P.L. 1952, ch. 2973, §§ 2, 4; G.L. 1956, § 2-15-8 ; P.L. 1979, ch. 38, § 1; P.L. 1991, ch. 331, § 1.

2-15-9. Control of injurious gases.

No person, firm or corporation owning or using or having control or charge of gas or other substance shall knowingly permit that gas or other substance to come in contact with the soil surrounding the roots of any tree, shrub or plant in any public highway or on any public grounds, under the jurisdiction of the tree warden, or the department of transportation, the department of environmental management, or the park commission of any town or city in any manner that shall injure, kill or destroy the tree, shrub or plant.

History of Section. P.L. 1931, ch. 1763, § 10; G.L. 1938, ch. 225, § 10; impl. am. P.L. 1952, ch. 2973, §§ 2, 4; G.L. 1956, § 2-15-9 .

2-15-10. Control of injurious liquids.

No person, firm or corporation shall cause, authorize or permit any brine water, oil, liquid dye, or other substance deleterious to plant life to lie, leak, pour, flow or drip on or into the soil about the base of a tree, shrub or plant in any public highway or on any public land under the jurisdiction of the tree warden, or the department of transportation, the department of environmental management, or the park commission of any town or city.

History of Section. P.L. 1931, ch. 1763, § 11; G.L. 1938, ch. 225, § 11; impl. am. P.L. 1952, ch. 2973, §§ 2, 4; G.L. 1956, § 2-15-10 .

2-15-11. Penalty for violations of §§ 2-15-6, 2-15-8, 2-15-9, and 2-15-10.

1. Any person, firm or corporation violating the provisions of §§ 2-15-6 , 2-15-8 , 2-15-9 , or 2-15-10 , shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense.
2. The director of the department of environmental management has the authority to order anyone convicted of violating § 2-15-8 or any governmental entity which the director determines violated § 2-15-8 to plant a replacement tree or trees, the sum of the diameters of which are equal to twice that removed or damaged, in the immediate vicinity of the tree removed.

History of Section. P.L. 1931, ch. 1763, § 12; G.L. 1938, ch. 225, § 12; P.L. 1976, ch. 288, § 1; P.L. 1980, ch. 153, § 2; P.L. 1991, ch. 331, § 1.

2-15-12. Plants for taking of which permits are required.

No person, firm or corporation shall dig up, pull up or take from the land of another or from any public domain, the whole or any part of any trailing arbutus (epigea repens), American holly (ilex opaca), white pine, red cedar, hemlock or other coniferous trees, or any black alder (ilex verticillata), any inkberry (ilex glabra), any flowering dogwood (cornus florida), any mountain laurel (kalmia latifolia), any great rhododendron (rhododendron maximia), or any ground pine (lycopodium obscurum), or any trailing Christmas greens (lycopodium complanatum), or any sea lavender (limonium carolinianum), without having in his or her possession a permit to dig up, pull up or take those plants signed by the owner of the land, or by his or her authorized agent.

History of Section. P.L. 1939, ch. 735, § 1; G.L. 1956, § 2-15-12 ; P.L. 1991, ch. 32, § 1.

2-15-13. Transportation of contraband plants.

No person, firm or corporation shall carry or transport or cause to be carried or transported or cause to be carried or transported by others, or by a common carrier, within the state of Rhode Island, any of the plants or parts of plants mentioned in § 2-15-12 unless he or she has first obtained a written permit to take the plants signed by the owner of the land or by his or her authorized agent. No provision of this section is to be construed to apply to any shrub, tree or plant in transit to or from or growing in any commercial nursery.

History of Section. P.L. 1939, ch. 735, § 2; G.L. 1956, § 2-15-13 .

2-15-14. Plants as prima facie evidence of violations.

The presence in transit upon a public highway, or in the possession of a common carrier, of plants or parts of plants mentioned in § 2-15-12 , not accompanied by a proper and valid permit is prima facie evidence of the violation of the provisions of §§ 2-15-12 — 2-15-17 by the possessor, or if in the hands of a common carrier or other transporting agent, by the consignor of those plants or parts of plants.

History of Section. P.L. 1939, ch. 735, § 3; G.L. 1956, § 2-15-14 .

2-15-15. Arrest and prosecution of violators.

Any police officer, sheriff or any employee of the department of environmental management having police powers may arrest a violator or violators of §§ 2-15-12 — 2-15-17 and cause him or her or them to be prosecuted before the proper court.

History of Section. P.L. 1939, ch. 735, § 4; G.L. 1956, § 2-15-15 .

2-15-16. Penalty for violations of §§ 2-15-12 — 2-15-17.

Any person convicted of violating the provisions of §§ 2-15-12 — 2-15-17 shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each offense.

History of Section. P.L. 1939, ch. 735, § 5; G.L. 1956, § 2-15-16 .

2-15-17. Powers of department of environmental management preserved.

No provision of §§ 2-15-12 — 2-15-17 shall be construed to divest the department of environmental management of any power or powers vested in that department.

History of Section. P.L. 1939, ch. 735, § 6; G.L. 1956, § 2-15-17 .

2-16-1. Short title.

This chapter shall be known by the short title of “the Rhode Island general plant pest act”.

History of Section. P.L. 1955, ch. 3547, § 1; G.L. 1956, § 2-16-1 .

2-16-2. Definitions.

1. For the purpose of this chapter:
   1. “Director” means the director of the department of environmental management for the state of Rhode Island and his or her authorized agents.
   2. “Person” means any individual, association, partnership, society, or combination of individuals, or any institution, park, or other public agency administered by the state or by any city or town.
   3. “Plant parts and plant products” means all vegetative and propagative structures constituting parts of the plant body or produced by plants, whether intact or subdivided, and whether or not still attached to the plant, when existing in a crude or natural state, or which have not been processed in a manner adequate to free them of plant pests or to cause them to be incapable of harboring, vectoring, being, transmitting, or transporting those plant pests.
   4. “Plant pest” means any insect, nematode, protozoan, crustacean, or any other invertebrate animal, and any virus, bacterium, fungus, or other member of the plant kingdom, in any stage of development, known to be or suspected of being capable of causing serious injury or damage to, or of inciting serious diseases in, plants or parts and products of plants, whether in the field, in storage, or in markets and any animal, plant, plant part or product, or inanimate object constituting a source of danger to plants, plant parts and products, by reason of a capacity to constitute a vector, reservoir, alternate host, place of breeding, hibernation refuge, or vehicle of distribution, for any of the types of organisms mentioned in this subsection.
   5. “Viruses”: All viruses shall be considered to be animate.
2. Terms or words as used in this chapter are construed to import either singular or plural form, and either masculine or feminine gender.

History of Section. P.L. 1955, ch. 3547, § 2; G.L. 1956, § 2-16-2 .

2-16-3. Powers of director.

The director is authorized and empowered:

1. To enforce all provisions of this chapter, and to have charge of all matters pertaining to official control, suppression, extermination, or exclusion of all plant pests, whether members of the plant or animal kingdom, which are, or threaten to become, serious pests of plants of economic importance, or are in any other way inimical to the welfare of the plant industry of the state;
2. To enter into agreements with authorized plant pest control officials of the United States department of agriculture and of other states for the cooperative carrying out of programs consistent with the intents and purposes of this chapter;
3. To pronounce, declare, and publish any animal, plant, virus, bacterium, conveyance, structure, or inanimate object, singly, in groups, or as a category, to constitute a plant pest, as defined and to define any plant pest so declared to be a public nuisance and also, to define and limit circumstances or conditions under which these definitions shall hold in any given instance;
4. To establish, in the manner set forth in § 2-16-10 , and to enforce, by appropriate rules and regulations, quarantines prohibiting or restricting the transportation of injurious insects and of any class of plant or plant parts, or any object or combination of objects, capable of carrying any serious plant pest, or of itself constituting a pest, with reference to which the secretary of agriculture of the United States has not determined that a quarantine is necessary and established a quarantine, into or through this state or any portion of this state from any other state or territory, the District of Columbia, or any part of any other state or territory, or of the District of Columbia, in which the director shall have found the plant pest to exist;
5. To establish, and maintain, in the manner set forth in § 2-16-10 , a quarantine against any premises or geographical area in this state where a serious plant pest is found to occur, when a quarantine appears to be necessary and promises to be the most efficacious means for preventing or retarding the spread of the plant pest into other premises or communities to the detriment of the welfare of the agricultural economy of the state;
6. To make rules and regulations for the seizure, inspection, disinfection, disinfestation, reshipment, destruction, or other disposition of any plant or plant parts or any inanimate article capable of carrying dangerous insect infestation, plant diseases, or any other plant pest, a quarantine with respect to which has been established by the secretary of agriculture of the United States, and which has been transported to, into, or through this state in violation of that quarantine;
7. To make rules and orders, not contrary to law, regarding the destruction of infected or infested plants, plant parts, and plant products and to seize, treat, disinfect, disinfest, or destroy any plants, plant parts, or plant materials, or other articles moved in violation of any quarantine, rule or regulation established under provision of this chapter or under any other act which has been or may be enacted against specific plant pests and entrusted to his or her jurisdiction, or suspected of being infected or infested by any serious plant pest, and also, to prohibit or regulate the transportation of plants, plant parts, plant materials and inanimate articles likely to carry dangerous plant pests, and to designate certain areas or districts where all those plants and articles may be destroyed;
8. To enter, in a manner not contrary to law, any public or private premises, except dwelling quarters, at reasonable hours, in the performance of his or her duty in the enforcement of this chapter; and to demand access to plant and other articles requiring inspection;
9. To make requirements, not contrary to law, governing the entry from other states and territories, the District of Columbia, and any foreign country, of any plant, plant part, or other article that he or she, for purposes of plant pest control, may designate, and to search, seize, inspect, or hold for inspection those items at the state borders, ports of entry, or point of destination; and
10. To revoke or suspend any certificate or license issued by his or her department, and to require the immediate surrender of certificates or licenses revoked or suspended.

History of Section. P.L. 1955, ch. 3547, § 3; G.L. 1956, § 2-16-3 .

2-16-4. Permitting plant pests to exist — Distribution of infected plants.

It is unlawful for any person in this state knowingly to permit any seriously injurious insects or plant diseases that have been or may be declared by the director to be public nuisances by reason of being plant pests, to exist on his or her premises, unless efforts are being made to eradicate the plant pests as may exist, or to sell, offer for sale, give away, or otherwise distribute any plant infected or infested by or with the plant pests.

History of Section. P.L. 1955, ch. 3547, § 4; G.L. 1956, § 2-16-4 .

2-16-5. Concealment of plants from inspection.

No person shall cause any concealment of any plants or plant parts from inspection by the director or his or her authorized agents.

History of Section. P.L. 1955, ch. 3547, § 4; G.L. 1956, § 2-16-5 .

2-16-6. Order to destroy or treat infected plants.

If the director or his or her authorized agent finds on examination any nursery, greenhouse, field or farm crop, forest, small fruit plantation, cemetery, storehouse or elevator, conveyance, or any other private or public premises, or any plant or article on or in the premises to be infected or infested with any seriously injurious insects or plant diseases that would be likely, in the opinion of the director, to endanger adjacent property or the welfare of the agricultural economy of the state, the director may declare the premises, plants, or articles to be a public nuisance, and shall notify the owner or person having charge of the premises, plants, or articles to that effect, in writing, and the owner or person in charge upon receipt of the written notification, shall within a period of time that shall be specified on the written notification by the director, cause the removal and sanitary destruction of all plants, plant products, or articles declared if they cannot be successfully treated, otherwise the owner or person in charge shall cause them to be treated or apply any other remedial measures for the disinfestation, disinfection, control or retardment of the pest on the premises, plant, plant products, or articles as the director may direct. Preventive measures shall be required, and shall be enforced in the same manner on any additional premises in the vicinity of the premises where the plant pest was found as seems necessary in accordance with the judgment of the director.

History of Section. P.L. 1955, ch. 3547, § 5; G.L. 1956, § 2-16-6 .

2-16-7. Compensation for loss or destruction of infested plants.

No damages shall be awarded to the owner for the loss or destruction of infested or infected plants, plant products, or other articles or reimbursement made for expenses incurred incident to the application of the prescribed preventive or remedial measures. The infected or infested plants, plant products, or articles are a public menace. Nothing in this section shall be interpreted as preventing financial assistance to owners where that financial assistance is provided for under specific legislation other than this chapter.

History of Section. P.L. 1955, ch. 3547, § 5; G.L. 1956, § 2-16-7 .

2-16-8. Treatment or destruction by director.

In case the owner or person in charge of the premises refuses or neglects to carry out the orders of the director within the period of time after receipt of written notification specified on the notification by the director, the director may proceed to treat or destroy the infested or infected plants, plant products, or articles or to apply any other necessary preventive or remedial measures. The expense shall be assessed, collected, and enforced as taxes are assessed, collected, and enforced, against the premises upon which the expense was incurred. The amount of the expense, when collected, shall be paid to the director, and by him or her deposited with the treasurer of the state.

History of Section. P.L. 1955, ch. 3547, § 5; G.L. 1956, § 2-16-8 .

2-16-9. Destruction or return of infected shipments of plants.

If any plants, or parts or products of plants being shipped to or from any point in Rhode Island, whether or not included under the term nursery stock and whether or not accompanied by a certificate of inspection or shipping permit are found to be infected with any living dangerous insect or any contagious disease, the entire shipment is declared to be a public nuisance and is liable to destruction without compensation to the consignor, or may be reshipped to the consignor at the consignor’s expense.

History of Section. P.L. 1955, ch. 3547, § 5; G.L. 1956, § 2-16-9 .

2-16-10. Hearing on quarantine or embargo.

Quarantines or embargoes provided for in subdivisions (4) and (5) of § 2-16-3 shall be established by the director only after a public hearing. Timely announcement of the hearing shall be given to interested persons by mail or by two (2) announcements in newspapers serving the area affected. When in any case, in the opinion of the director, the delay necessary for the holding of the hearing is likely to cause serious harm or would in any way seriously handicap a control program, the director may establish a temporary quarantine, effective immediately and remaining effective for a period not to exceed thirty (30) days, during which thirty (30) day period a hearing shall be announced and held as stated above, and the continuation and maintenance of this quarantine or embargo beyond the thirty (30) day period shall be dependent on the hearing.

History of Section. P.L. 1955, ch. 3547, § 6; G.L. 1956, § 2-16-10 .

2-16-11. Penalty for violations.

Any person violating any of the provisions of this chapter or any rule or order established by the director or who interferes with the director or any of the director’s authorized agents in the performance of the agent’s duties shall, upon conviction, be fined not exceeding two hundred dollars ($200) for each offense.

History of Section. P.L. 1955, ch. 3547, § 7; G.L. 1956, § 2-16-11 .

2-16-12. Prosecution of violations.

All prosecutions of violations under the provisions of this chapter shall be instituted by the director, and shall be directed by him or her, and it is not necessary that he or she enter into recognizance or give surety for costs to prosecute these violations.

History of Section. P.L. 1955, ch. 3547, § 8; G.L. 1956, § 2-16-12 .

2-16-13. Severability.

If any section, sentence, clause, phrase, or other portion of this chapter is for any reason held to be unconstitutional, the decision shall not affect the validity of the remaining portions of this chapter.

History of Section. P.L. 1955, ch. 3547, § 9; G.L. 1956, § 2-16-13 .

2-16.1-1. Short title.

This chapter may be cited as the “Interstate Pest Control Compact.”

History of Section. P.L. 2006, ch. 344, § 1; P.L. 2006, ch. 508, § 1.

2-16.1-2. Compact enacted.

The Interstate Compact on pest control is hereby enacted into law and entered into with all other jurisdictions in form substantially as follows:

2-16.1-3. Cooperation.

Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the insurance fund established by the pest control compact.

History of Section. P.L. 2006, ch. 344, § 1; P.L. 2006, ch. 508, § 1.

2-16.1-4. Filing of bylaws.

Pursuant to Article IV(h) of the compact, copies of bylaws and amendments thereto shall be filed with the secretary of state of Rhode Island.

History of Section. P.L. 2006, ch. 344, § 1; P.L. 2006, ch. 508, § 1.

2-16.1-5. Compact administrator.

The compact administrator for this state shall be the director of the department of environmental management. The duties of the compact administrator are deemed a regular part of the duties of the department.

History of Section. P.L. 2006, ch. 344, § 1; P.L. 2006, ch. 508, § 1.

2-16.1-6. Request for assistance.

Within the meaning of subdivision (b) of Article VI or subdivision (a) of Article VIII of this compact, a request or application for assistance from the insurance fund may be made by the compact administrator, whenever in his or her judgment the conditions qualifying this state for such assistance exist and it would be in the best interest of this state to make such a request.

History of Section. P.L. 2006, ch. 344, § 1; P.L. 2006, ch. 508, § 1.

2-16.1-7. Expenditures.

The state department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to his account, in the state treasury, the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof.

History of Section. P.L. 2006, ch. 344, § 1; P.L. 2006, ch. 508, § 1.

2-16.1-8. Executive head for Rhode Island.

As used in this compact, with reference to this state, the term “executive head” shall mean the governor.

History of Section. P.L. 2006, ch. 344, § 1; P.L. 2006, ch. 508, § 1.

2-17-1. Nuisances.

The pupae, nests, eggs and caterpillars of the gypsy and brown-tail moths, and these moths, are declared public nuisances, and their suppression is authorized and required. No owner or occupant of an estate infested with those nuisances shall by reason of this infestation be liable to an action, civil or criminal, except to the extent and in the manner and form set forth in this part 1.

History of Section. P.L. 1908, ch. 1529, § 1; G.L. 1909, ch. 242, § 1; G.L. 1923, ch. 285, § 1; G.L. 1938, ch. 228, § 1; G.L. 1956, § 2-17-1 .

2-17-2. Chief entomologist.

The director of environmental management shall appoint, as chief entomologist, some person, qualified by scientific training and practical experience, to superintend the work of suppressing and exterminating the gypsy and brown-tail moths, who is responsible to the director for the performance of his or her work and whose duty it is to suppress the nuisances described in § 2-17-1 . The director may remove the chief entomologist at any time, at his or her pleasure, and appoint another chief entomologist in his or her place. The chief entomologist shall report to the director of his or her proceedings, and that report shall be public.

History of Section. P.L. 1908, ch. 1529, § 2; G.L. 1909, ch. 242, § 2; G.L. 1923, ch. 285, § 2; G.L. 1938, ch. 228, § 2; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-2 .

2-17-3. Powers of director.

The director of environmental management may make all necessary rules and regulations governing all work done by the chief entomologist to enforce the provision of §§ 2-17-1 — 2-17-8 . The director may act in cooperation with any person or persons, corporation or corporations, including other states, the United States or foreign governments. The director may conduct investigations and accumulate and distribute information concerning these moths, may make any rules governing the suppression or extermination of these moths that he or she deems necessary, and, with the approval of the person in charge, may use any real or personal property of the state, may at all times enter upon the land of the state or of a municipality, corporation, or other owner or owners, and may use all reasonable means in carrying out the purposes of §§ 2-17-1 — 2-17-8 and in these undertakings may, in accordance with the provisions of §§ 2-17-1 — 2-17-8 expend the funds appropriated or donated for these purpose.

History of Section. P.L. 1908, ch. 1529, § 3; G.L. 1909, ch. 242, § 3; G.L. 1923, ch. 285, § 3; G.L. 1938, ch. 228, § 3; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-3 .

2-17-4. Appropriations and expenses.

To meet the expenses incurred under the authority of §§ 2-17-1 — 2-17-8 there shall be allowed and paid out of the treasury of the state any sum that the general assembly may annually appropriate, to be expended under the direction of the director of environmental management, from time to time, upon vouchers approved by the director.

History of Section. P.L. 1908, ch. 1529, § 4; G.L. 1909, ch. 242, § 4; G.L. 1923, ch. 285, § 4; G.L. 1938, ch. 228, § 4; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-4 .

2-17-5. Importation or transportation of infestation.

No imagos, eggs, caterpillars, or pupae of the gypsy or brown-tail moths, and no lumber (new or old), wood, posts, shrubs, trees, or branches, stone or rubbish, nor any material which by reason of having been exposed to infestation is liable to carry the live eggs, imagos, caterpillars, or pupae of the moths, shall knowingly be imported into the state, nor be transported from place to place within the state.

History of Section. P.L. 1908, ch. 1529, § 5; G.L. 1909, ch. 242, § 5; G.L. 1923, ch. 285, § 5; G.L. 1938, ch. 228, § 5; G.L. 1956, § 2-17-5 .

2-17-6. Local appropriations.

Any town or city may make any appropriation that it deems necessary for the suppression of the nuisances within its limits, and may appoint an official, with any powers and limitations that it shall prescribe, to expend the appropriation in cooperation with the chief entomologist appointed by the director of environmental management.

History of Section. P.L. 1908, ch. 1529, § 6; G.L. 1909, ch. 242, § 6; G.L. 1923, ch. 285, § 6; G.L. 1938, ch. 228, § 6; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-6 .

2-17-7. Obstructions — Violations.

Any person who wilfully resists or obstructs either the chief entomologist or any official of a city or town, or a servant or agent appointed by the chief entomologist or by any other officials, while lawfully engaged in the execution of the purposes of §§ 2-17-1 — 2-17-8 or who violates the provisions of § 2-17-5 , is deemed guilty of a misdemeanor and upon conviction shall be fined not exceeding twenty-five dollars ($25.00) for each offense.

History of Section. P.L. 1908, ch. 1529, § 7; G.L. 1909, ch. 242, § 7; G.L. 1923, ch. 285, § 7; G.L. 1938, ch. 228, § 7; G.L. 1956, § 2-17-7 .

2-17-8. Willful transportation of infestation.

Any person willfully importing into this state, or willfully transporting from place to place within this state, any imagos, eggs, caterpillars, or pupae of the moths shall be fined not exceeding one hundred dollars ($100) and be imprisoned for not more than one year.

History of Section. P.L. 1908, ch. 1529, § 8; G.L. 1909, ch. 242, § 8; G.L. 1923, ch. 285, § 8; G.L. 1938, ch. 228, § 8; G.L. 1956, § 2-17-8 .

2-17-9. Nuisance.

The white pine blister rust, a disease of five (5) needle pines and the species of the genus ribes, is declared to be a public nuisance, and its suppression is authorized and required. No owner or occupant of an estate infested with that nuisance is by reason of that infestation liable to an action, civil or criminal, except to the extent and in the manner and form set forth in this part 2.

History of Section. P.L. 1917, ch. 1540, § 1; G.L. 1923, ch. 286, § 1; G.L. 1938, ch. 229, § 1; G.L. 1956, § 2-17-9 .

2-17-10. Powers of director.

The department of environmental management shall take steps to suppress the nuisance described in § 2-17-9 and to this end the director of that department may make all necessary rules and regulations governing all work done under the provisions of §§ 2-17-9 — 2-17-16 . The director may act in cooperation with any person or persons, corporation or corporations, including other states, or the United States, may make any rules governing the suppression or extermination of the disease, including the destruction of diseased or exposed species of five (5) leaved pines and the diseased or exposed species of the genus ribes, that he or she may deem necessary, may at all times enter upon the land of the state or of a municipality, corporation, or other owner or owners, and may use all reasonable means in carrying out the purposes of §§ 2-17-9 — 2-17-16 and in those undertakings, may, in accordance with the provisions of those sections, expend the funds appropriated for these purposes.

History of Section. P.L. 1917, ch. 1540, § 2; G.L. 1923, ch. 286, § 2; G.L. 1938, ch. 229, § 2; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-10 .

2-17-11. Rules as to transportation and planting.

The director of environmental management shall make any rules and regulations that he or she may deem expedient in combatting the disease with reference to the transportation of five (5) leaved pine trees and species of the genus ribes, or wood, lumber or other material derived from those trees, or shrubs, or in regard to the planting of those trees or shrubs.

History of Section. P.L. 1917, ch. 1540, § 3; G.L. 1923, ch. 286, § 3; G.L. 1938, ch. 229, § 3; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-11 .

2-17-12. Destruction of uninfected plants.

If, in the opinion of the director of environmental management or his or her appointed agents, it becomes necessary to destroy five (5) leaved pines or species of the genus ribes not actually infected with the disease, the owner may receive compensation for any species of the genus ribes it becomes necessary to destroy, if he or she makes demand within twenty-four (24) hours after notification from the department of the intention to destroy the species. In case any owner makes demand for compensation for the property it becomes necessary to destroy, application shall be made to the director to appoint some qualified disinterested person to appraise the value of the species of the genus ribes that it becomes necessary to destroy, and the destruction of the property shall be deferred pending the appraisal of the value of the property. The appraiser shall, upon appraising the value of property that it becomes necessary to destroy, certify the facts of the appraisal to the department of environmental management and the amount of the appraised value of the property shall be paid to the owner of the property, and the destruction of the property shall proceed.

History of Section. P.L. 1917, ch. 1540, § 4; G.L. 1923, ch. 286, § 4; G.L. 1938, ch. 229, § 4; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-12 .

2-17-13. Local appropriations.

Any town or city may make any appropriation it deems necessary towards the suppression of the nuisance within its limits, and may appoint an official with any powers and limitation it shall prescribe, to expend its appropriations in cooperation with the department of environmental management.

History of Section. P.L. 1917, ch. 1540, § 5; G.L. 1923, ch. 286, § 5; G.L. 1938, ch. 229, § 5; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-13 .

2-17-14. Unlawful importation or transportation.

Any person importing into this state, or transporting from place to place within this state, contrary to the rules or regulations of the director of environmental management, any five (5) leaved pines or species of the genus ribes, shall be fined not to exceed one hundred dollars ($100).

History of Section. P.L. 1917, ch. 1540, § 6; G.L. 1923, ch. 286, § 6; G.L. 1938, ch. 229, § 6; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-14 .

2-17-15. Obstruction — Violations.

Any person who willfully resists or obstructs any official or agent appointed by the director of environmental management while lawfully engaged in the execution of the purposes of §§ 2-17-9 — 2-17-16 or who violates the provisions of § 2-17-14 , shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not exceeding twenty-five dollars ($25.00) for each offense.

History of Section. P.L. 1917, ch. 1540, § 7; G.L. 1923, ch. 286, § 7; G.L. 1938, ch. 229, § 7; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-15 .

2-17-16. Prosecution of violations.

All prosecutions under the provisions of §§ 2-17-9 — 2-17-16 shall be instituted by the director of environmental management, and shall be directed by him or her, and all penalties recovered for the violation of any of the provisions of §§ 2-17-9 — 2-17-16 shall be paid into the treasury of the state.

History of Section. P.L. 1917, ch. 1540, § 9; G.L. 1923, ch. 286, § 8; G.L. 1938, ch. 229, § 8; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-17-16 .

2-17-17. Plan for suppression.

On the basis of the latest scientific knowledge available, the director of the department of environmental management shall prepare a plan in detail of the proper course of action to be taken to suppress, as far as possible, the spread of Dutch elm disease.

History of Section. P.L. 1954, ch. 3365, § 1; G.L. 1956, § 2-17-17 .

2-17-18. Reimbursement of cities and towns for suppression.

Whenever any city or town expends funds for the suppression or elimination of Dutch elm disease in conformity with the plan created pursuant to § 2-17-7 , it may request reimbursement from the state to the extent of one-half (1/2) of the total cost of labor and material used in that work. The work and cost records involved shall be inspected and approved by the director of environmental management, or his or her deputies, before reimbursement is made by the state.

History of Section. P.L. 1954, ch. 3365, § 2; G.L. 1956, § 2-17-18 ; P.L. 1987, ch. 78, § 9.

2-17-19. Appropriations and disbursements.

The general assembly shall annually appropriate any sums that are deemed necessary by the director of environmental management to carry out the provisions of §§ 2-17-17 — 2-17-20 , and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of those sums, or so much as may be required from time to time, upon receipt by him or her of proper vouchers approved by the director of environmental management.

History of Section. P.L. 1954, ch. 3365, § 3; G.L. 1956, § 2-17-19 .

2-17-20. Research in Dutch elm and related diseases.

The director of the department of environmental management shall, upon receipt of a mutually acceptable budget from the director of the agricultural experiment station of the university of Rhode Island, incorporate that item in his or her annual departmental budget so as to support adequately the necessary research on the Dutch elm and related wilt disease problems of trees. The research shall consist of development and perfection of agents and techniques to be used in the prevention and/or suppression of those diseases. The director of environmental management shall, and he or she is authorized to, transfer in lump sum moneys appropriated for this research program to the director of the agricultural experiment station, and those funds shall be maintained in a special fund to be used explicitly for those studies. Findings accruing from these investigations shall be made public information.

History of Section. P.L. 1954, ch. 3365, § 4; G.L. 1956, § 2-17-20 .

2-17-21. Nuisance.

The Asian longhorned beetle, Anoplophora glabripennis, a native insect pest of China, is known to be a serious insect pest to several tree species within the United States, including, but not limited to, maples, willows, poplars, birch, London Plane, and elms. The emerald ash borer, Agrilus planipennis, also a native insect pest from Asia, is also known to be a serious insect pest to several types of ash trees within the United States, including, but not limited to, green ash, white ash, and black ash. All of the at-risk trees are part of the natural environment of Rhode Island and occur on many of the state’s public and private lands, contributing to their value and health. Additionally these insects pose substantive risk to the Rhode Island nursery and landscape industry plant materials and market opportunities. Accordingly, the Asian longhorned beetle and emerald ash borer are hereby declared to be public nuisances, and their suppression is authorized and required. No owner or occupant of an estate infested with either or both nuisances is by reason of that infestation liable to an action, civil or criminal, except to the extent and in the manner and form set forth in §§ 2-17-22 — 2-17-24 .

History of Section. P.L. 2009, ch. 155, § 1; P.L. 2009, ch. 161, § 1.

2-17-22. Unlawful importation or transportation.

Any person importing into this state, or transporting from place to place within this state, contrary to quarantine and transport rules or regulations of the United States department of agriculture/animal, and plant, health inspection service (APHIS) or the director of the department of environmental management governing the Asian longhorned beetle or emerald ash borer, any regulated articles, as defined below in § 2-17-23 , shall be subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each offense, assessed in accordance with chapter 42-17.6 and the rules and regulations promulgated pursuant thereto.

History of Section. P.L. 2009, ch. 155, § 1; P.L. 2009, ch. 161, § 1.

2-17-23. Regulated articles.

1. Regulated articles shall mean any of the following raw wood materials taken or harvested from a quarantined area: any living, dead, standing, cut or fallen tree, inclusive of nursery stock, or any piece or portion thereof measuring a half inch or more in diameter, including any branches, logs, stumps, roots, or chips, firewood, or green lumber. Kiln-dried lumber and manufactured or finished wooden products are not considered regulated articles pursuant to § 2-17-22 .
2. Regulated articles shall also include any other article, regardless of its place of origin, found to be infested by the Asian longhorned beetle or emerald ash borer if an authorized state or federal inspector notifies the person in possession of the article that it is infested and therefore subject to the quarantine and transport rules or regulations of APHIS or the director of the department of environmental management.
3. Regulated articles shall also include any other article designated as a regulated article pursuant to any duly promulgated amendments to the quarantine and transport rules or regulations of APHIS or the director of the department of environmental management.

History of Section. P.L. 2009, ch. 155, § 1; P.L. 2009, ch. 161, § 1.

2-17-24. Prosecution of violations.

All state prosecutions under the provisions of §§ 2-17-21 — 2-17-23 shall be instituted by the director of the department of environmental management, and shall be directed by him or her, and all penalties recovered for the violation of any of the provisions of §§ 2-17-21 — 2-17-23 shall be paid into the treasury of the state.

History of Section. P.L. 2009, ch. 155, § 1; P.L. 2009, ch. 161, § 1.

2-18-1 — 2-18-8. [Superseded.]

2-18-9. Abatement of plant diseases as nuisance — Liability for cost.

The chief entomologist and the director of environmental management, or either of them, may personally or through his or her deputies inspect any orchard, garden, field or roadside in public or private grounds which he or she knows, or has reason to suspect, is infested with any seriously injurious insect pests or plant diseases when, in his or her judgment, the presence of those pests or plant diseases are a nuisance to adjoining owners and shall give any instructions and directions that may be necessary in order that the nuisance may be abated. If the owner or person in charge of the trees or other plants constituting the nuisance fails within a reasonable time to follow the directions of the chief entomologist and the director of environmental management, and abate the nuisance, the chief entomologist and the director of environmental management may cause the necessary work to be done and the cost of that work shall be charged to that owner or person in charge of the trees or other plants, and the actual cost of the work shall be recovered in an action of the case to be brought by the general treasurer and the money received paid into the treasury of the state to be added to the regular annual appropriation of the department of environmental management.

History of Section. P.L. 1913, ch. 940, § 8; G.L. 1923, ch. 282, § 14; G.L. 1938, ch. 226, § 13; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-18-9 .

2-18-10. Penalty for violations.

Any person, firm or corporation violating § 2-18-9 or offering any hindrance to the carrying out of any part of this section, shall be adjudged guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100) for each offense.

History of Section. P.L. 1913, ch. 940, § 11; G.L. 1923, ch. 282, § 17; G.L. 1938, ch. 226, § 15; G.L. 1956, § 2-18-10 .

2-18-11. Rules and regulations — Revocation of license by director.

The director of environmental management has the power to prescribe any general rules and regulations, not contrary to law, that may in his or her opinion facilitate the carrying out of the provisions of this chapter, and may revoke any certificate or license issued by the director, if in his or her opinion that action is necessary.

History of Section. P.L. 1913, ch. 940, § 9; G.L. 1923, ch. 282, § 15; G.L. 1938, ch. 226, § 14; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-18-11 .

2-18-12. Appeals from chief entomologist to director.

Any person aggrieved by any order made by the chief entomologist may appeal to the director of environmental management. The person may file with the director of environmental management, within five (5) days after the order is made or issued by the chief entomologist, a claim of appeal from the order, the appeal to be in writing.

History of Section. P.L. 1913, ch. 940, § 12; G.L. 1923, ch. 282, § 18; G.L. 1938, ch. 226, § 16; G.L. 1956, § 2-18-12 .

2-18-13. Prosecution of offenses.

All prosecutions under the provisions of §§ 2-18-9 — 2-18-13 shall be instituted by the director of environmental management, and shall be directed by him or her, and all penalties recovered for the violation of any of the provisions of those sections shall be paid into the treasury of the state. In prosecutions for violation of any provisions of §§ 2-18-9 — 2-18-13 commenced by the director, it is not necessary that he or she enter into recognizance or give surety for costs to prosecute those violations.

History of Section. P.L. 1913, ch. 940, §§ 13, 14; G.L. 1923, ch. 282, §§ 19, 20; C.L. 1938, ch. 226, §§ 17, 18; G.L. 1956, § 2-18-13 .

2-18-14 — 2-18-18. [Superseded.]

2-18.1-1. Short title.

This chapter shall be known by the short title of “The Rhode Island nursery law”.

History of Section. G.L. 1956, § 2-18.1-1 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-2. Definitions.

For the purpose of this chapter, unless the context otherwise requires:

1. “Agent” means any person under the partial or full control of a nursery worker, dealer or other agent, who sells or solicits orders for nursery stock, not from a supply at hand, at a place other than a nursery worker’s or a dealer’s place of business.
2. “Certified stock” means plants and plant parts defined as nursery stock which bears, or with regard to which the director has determined to his or her satisfaction that there has been issued by recognized plant regulatory officials, a valid, unexpired certificate attesting that the stock has been inspected and found to be apparently free of injurious insects and plant diseases.
3. “Collected plants” means plants and plant parts defined as nursery stock, which are dug or otherwise removed from fields, woodlots, or forest lands for sale or distribution which have not been grown under cultivation in a nursery for one year.
4. “Dealer” means any person, not a grower or an original producer of nursery stock in this state, and who is independent of the control of any nursery worker or other dealer, who sells, offers to sell, solicits orders for or otherwise traffics in nursery stock from a supply at hand or which is obtained from a nursery or another dealer.
5. “Department” means the department of environmental management of the state of Rhode Island.
6. “Director” means the director of environmental management of the state of Rhode Island, and his or her authorized agents.
7. “Hardy” means the ability to withstand heat or cold to the extent of surviving the normal out of door summer and winter temperatures of this state.
8. “Insect” means invertebrate animals belonging to the arthropod class, Insecta (Hexapoda), and also members of other arthropod classes, mollusca, nematodes, and other invertebrate animals, in any state of development. An insect species shall be considered to be injurious to plants:
   1. When it is known to be capable of causing serious damage to, or decreased value of, the host plant or adjacent plants by reason of feeding, oviposition, production of toxic secretions, or other activities and by the demonstrated capacity to function efficiently as a carrier or reservoir of an agent capable of inciting an injurious plant disease; or
   2. When the insect has been declared by the director to be a plant pest, or when a quarantine has been established with regard to it by the director, the secretary of agriculture of the United States, or by recognized plant regulatory officials of the state or country into which the host plants are to be shipped.
9. “Nursery” means any grounds or premises on or in which nursery stock is propagated, grown, or cultivated, or from which nursery stock is collected for sale purposes. The term nursery shall not be construed to mean a dealer’s premises or heeling-in grounds on or in which nursery stock is held for purposes other than propagation or growth and neither shall it apply to grounds or premises offering for sale stock which is not a regular commercial activity.
10. “Nursery stock” means all hardy, deciduous and evergreen trees, shrubs, vines and other plants having a persistent woody stem, whether wild or cultivated, and plant parts, for and capable of propagation.
11. “Nursery worker” means the person who owns, leases, manages, or is in charge of a nursery. All persons engaged in operating a nursery are farmers and are engaged in an agricultural enterprise for all statutory purposes.
12. “Person” means a corporation, company, society, association, partnership, governmental agency, and any individual or combination of individuals.
13. “Place of business” means each separate store, stand, sales ground, lot, truck, railway car, or other vehicle or any other place at or from which nursery stock is being sold or offered for sale where one or more sales persons are in attendance.
14. “Plant disease” means an injurious physiological activity of plants caused by the continued action of a chief causal factor and exhibited through abnormal cellular activity expressed in characteristic conditions, called symptoms, which symptoms are of three (3) types, nocrosis, hyperplasia, and hypoplasia. Plant disease shall be considered to be injurious in nature:
    1. When the symptoms and signs observed on and/or the inciting agent(s), recovered from or demonstrated to be in the plant identify the disease as one that is considered by competent plant pathologists to be capable of causing serious damage to or decreased value of the host plant or of adjacent plants;
    2. When the symptoms observed, whether incited by animate or inanimate causal factors, and whether or not identified with known plant disease(s) are of a nature and intensity as to reduce the likelihood of surviving normal transplantation or of maintaining growth, vigor, and appearance equal to that of normal nursery grown plants of the same species, age, and size when properly transplanted and cared for; and
    3. When the incitant or harborer of the disease has been declared by the director to be a plant pest, or when a quarantine has been established with regard to it by the director, the secretary of agriculture of the United States, or by plant regulatory officials of the country or state into which the host plants are to be shipped.

History of Section. G.L. 1956, § 2-18.1-2 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-3. Authority to inspect — Access to nursery, heeling-in grounds or other place of business.

For the purpose of making inspections and carrying out the provisions of this chapter and any rule and regulation made in pursuance of this chapter, the director or his or her authorized agents have free access at any reasonable hour to any nursery, heeling-in grounds, place of business, or other public or private premises, except dwelling quarters, where it may be necessary for them to go, or which it may be necessary for them to inspect in the performance of their duties. It is unlawful to deny access to the director or his or her authorized agents, or to thwart or hinder these inspections by misrepresenting or concealing facts or conditions.

History of Section. G.L. 1956, § 2-18.1-3 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-4. Inspection of nursery stock before sale or distribution.

It is unlawful for any person to sell, to offer for sale, to distribute or cause to be distributed from a nursery or other premises, any nursery stock, until the nursery stock has been officially inspected by the director and certified as apparently free from injurious insects and plant diseases, or unless there has been issued with regard to that nursery stock, by an authorized plant regulatory official of another state, or the federal government, a valid certificate attesting to freedom from injurious insects and plant diseases.

History of Section. G.L. 1956, § 2-18.1-4 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-5. Shipments from foreign countries.

Any person receiving any nursery stock from a foreign country shall immediately notify the director of the arrival of the shipment, the contents, and the name and address of the consignor, and shall hold the shipment for at least ninety-six (96) hours to enable the director to make an official inspection of the nursery stock.

History of Section. G.L. 1956, § 2-18.1-5 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-6. Nursery inspection and certification.

1. It is the duty of the director to inspect at least once each year during the growing season, all nurseries in the state of Rhode Island to ascertain whether they are infested with injurious insect pests or infected with injurious plant diseases. If upon the inspection of any nursery it appears that the nursery and the nursery stock are apparently free from injurious insects and plant diseases, it is the duty of the director to issue to the owner of the nursery, or the person in charge of the nursery, a certificate setting forth the fact of the inspection and freedom from injurious insects and plant diseases. Conversely, if inspection of any nursery and the stock reveals the presence of injurious insects and/or plant diseases, the owner or person in charge of the nursery shall take any measures to suppress or eradicate these injurious insects and/or plant diseases that the director prescribes, and a certificate shall not be issued until the director, by subsequent inspections, determines that the nursery and stock are apparently free from injurious insects and plant diseases.
2. Notwithstanding subsection (a), the director may refuse to inspect and certify a nursery if the nursery, for lack of care or neglect, is in such condition that it cannot be adequately inspected.

History of Section. G.L. 1956, § 2-18.1-6 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-7. Certificates.

Nursery inspection certificates issued by the director shall bear the date of issue and be valid until the fifteenth of September following their issuances. The director limits the expiration date whenever it is necessary to insure freedom from pests of the nursery stock so inspected and certified, and, in the case of stock that is shipped out of state, it is permissible to designate a different expiration date when the date has been agreed upon in writing between the director and the plant regulatory officials of the state of destination.

History of Section. G.L. 1956, § 2-18.1-7 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-8. What nursery stock may be offered for sale.

Only certified nursery stock, stored or displayed under conditions which will maintain its vigor shall be offered for sale. Offering for sale of dead nursery stock or of stock so seriously weakened by drying, excessive heat or cold or any other condition that makes it unable to grow satisfactorily when given reasonable care is deemed a violation of the provisions of this chapter.

History of Section. G.L. 1956, § 2-18.1-8 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-9. Nursery worker’s licenses — Nonlicensed growers.

1. No person shall engage as a nursery worker in this state without first obtaining a nursery worker’s license from the department. The license expires on March 31 of each year, and application for renewal of license shall be made annually prior to that date. Applications for license or renewal of license shall be in writing, on a form prescribed by the department, and be accompanied by a fee of fifty dollars ($50.00). Each applicant for a nursery worker’s license shall certify that he or she will buy and distribute only nursery stock which has been officially inspected and certified and that he or she will, on request of the department, furnish a list of all sources from which he or she secures nursery stock and of all of his or her places of business where he or she sells that stock. No license is transferable.
2. Any park, arboretum, forestry department, or any other state or municipal agency growing nursery stock solely for use on its own property or in connection with public reforestation projects are exempt from obtaining a license and are not considered to be operating commercial nurseries, but are required to register annually with the director, and are made subject to any of the inspection and the certification requirements of this chapter that may apply.

History of Section. G.L. 1956, § 2-18.1-9 , as assigned, P.L. 1962, ch. 132, § 1; P.L. 1992, ch. 133, art. 22, § 4.

2-18.1-10. Dealer’s license.

Every dealer, before offering nursery stock for sale or distribution or soliciting orders for nursery stock in Rhode Island, shall obtain a dealer’s license for each place of business from the department. The license expires on March 31 of each year, and application for renewal of a license shall be made annually prior to that date. A dealer’s license is nontransferable. Applications for license or renewal of a license shall be in writing on a form prescribed by the department, and be accompanied by a fee of fifty dollars ($50.00). Each applicant for a license certifies that he or she will buy and distribute only nursery stock which has been officially inspected and certified, and that he or she will maintain with the department a list of all sources from which he or she secures nursery stock and all places of business which he or she maintains.

History of Section. G.L. 1956, § 2-18.1-10 , as assigned, P.L. 1962, ch. 132, § 1; P.L. 1992, ch. 133, art. 22, § 4.

2-18.1-11. Reasons for withholding or revoking a license or certificate.

The director may withhold, suspend or revoke any license or certificate of inspection provided that upon ten (10) days’ notice, in writing, forwarded by registered or certified mail to the applicant or holder of the license or certificate, stating the contemplated action and in general the grounds for the action, and after reasonable opportunity to be heard, the director shall find that the person has:

1. Made any material misstatement in his or her application for license;
2. Failed to comply with the requirements of the director with reference to freeing his or her nursery stock of injurious insect pests and plant diseases;
3. Failed to provide adequate facilities for storing or displaying nursery stock being offered for sale under conditions needed to maintain its vigor; or
4. Knowingly permitted the use of his or her license or certificate by another person.

History of Section. G.L. 1956, § 2-18.1-11 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-12. Reinstatement of license or certificate.

The director may grant or reinstate any license or certificate of inspection which has been withheld, suspended or revoked if the conditions which incited the withholding, suspension or revocation have been corrected and the director is satisfied, as a result of investigation, that the conditions are not likely to recur.

History of Section. G.L. 1956, § 2-18.1-12 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-13. Registration of agents.

Every agent selling or soliciting orders for nursery stock in Rhode Island must be registered with the department by his or her principal.

History of Section. G.L. 1956, § 2-18.1-13 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-14. Reciprocal agreements.

1. Nursery workers, dealers, or other persons residing or doing business in another state, desiring to sell or solicit orders for nursery stock in this state, are, upon complying with all other provisions of this chapter and all rules and regulations promulgated under this chapter, and upon payment of the fee of fifty dollars ($50.00), entitled to a dealer’s license permitting those persons and/or their registered agents to sell or solicit orders for certified nursery stock within this state.
2. Notwithstanding subsection (a), the director may enter into reciprocal agreements with the responsible plant regulatory officials of other states for the recognition of official inspection certificates, under which certified nursery stock owned by nursery workers, dealers or other persons from those states may be sold and delivered in this state without the payment of a Rhode Island license fee, if like privileges are accorded to Rhode Island nursery workers and dealers in those other states, and the department finds that those other states, before issuing official inspection certificates require inspection equal to that required in Rhode Island, except that any nonresident nursery worker, dealer, or other person having a place of business in this state shall obtain a dealer’s license and pay all license fees as required in this chapter.

History of Section. G.L. 1956, § 2-18.1-14 , as assigned, P.L. 1962, ch. 132, § 1; P.L. 1998, ch. 131, § 1.

2-18.1-15. Nonresidents.

Nonresident nursery workers, dealers and other persons, wishing to ship nursery stock into Rhode Island, whether or not licensed as dealers in Rhode Island, shall first file with the director a copy of a valid, unexpired certificate showing that the stock sold by that person has been officially inspected and found to be apparently free of injurious insects and plant diseases or to supply any other evidence that the director may set forth as being equivalent to the filing of certificate, and shall, if required by the director, comply with any regulations that the director may designate, regarding the use of uniform shipping tags, or any other regulations that the director may prescribe to facilitate the enforcement of this chapter. The director may require the nonresident nursery workers, dealers or other persons to notify him or her of the date of shipping, and the destination of nursery stock intended for any consignee within this state.

History of Section. G.L. 1956, § 2-18.1-15 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-16. Collected plants.

1. No collected plants shall be transported within this state or placed in any nursery or in close proximity to any certified nursery stock unless they have first been inspected and found to be apparently free of injurious insects and plant disease. Inspection of collected plant stock shall be made after digging or removal from the native habitat, and shall be made in a place designated by the director.
2. The director may require that all collected stock be labelled as collected stock until the plants have been grown under cultivation in a nursery for one calendar year.

History of Section. G.L. 1956, § 2-18.1-16 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-17. Horticultural services.

The licensing and registration requirements of this chapter do not apply to any licensed arborist, landscape architect, private gardener, or servant on private estates, whose function is that of providing services, when obtaining or transporting certified nursery stock for which the nursery worker’s or dealer’s price has been paid in full by his or her employer or master.

History of Section. G.L. 1956, § 2-18.1-17 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-18. Labelling imported stock.

1. All nursery stock shipped into this state from any country, state, commonwealth, province, territory, or the District of Columbia, shall bear on each box, package, bale, container, bundle, or other unit, a certificate of inspection, its facsimile, or an official tag, stating that the nursery stock contained within or bundled has been inspected by an authorized plant regulatory officer of the state of origin or of the United States department of agriculture, and that the stock was found to be free from all injurious insects and plant diseases. Any container or bundle bearing a certificate of fumigation or other treatment which meets the requirements specified in regulations made under the authority of § 2-18.1-21 may be accepted as though bearing a proper certificate of inspection.
2. In case nursery stock is brought into this state without the required certificate of inspection or treatment, the consignee is required to return it to the consignor at the expense of the latter.

History of Section. G.L. 1956, § 2-18.1-18 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-19. Common carrier.

No transportation company or common carrier shall accept for transportation within this state, or deliver any box, bundle, package, bale, container, or other unit containing or consisting of nursery stock to any consignee within the state, unless the container or package has attached to it a copy of the official tag or certificate of inspection as required by this chapter and the regulations of the director. No common carrier or transportation company is liable for damages to the consignee or consignor for refusing to receive, transport or deliver any box, bundle, package, bale, container, or other unit containing or consisting of nursery stock to any consignee within the state, when not accompanied by the required tag or certificate. In case any nursery stock is shipped within this state without the certificate plainly affixed, the fact must be promptly reported to the department by the carrier, stating the consignor and the consignee and the nature of the shipment, and the carrier may be required to hold the shipment subject to the order of the director.

History of Section. G.L. 1956, § 2-18.1-19 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-20. Inspection of imported stock — Disposition of infested stock.

The director has the power to inspect at the point of destination all nursery stock coming into the state, whether under certificate or not, and should the stock be found infested with any injurious insects or plant diseases, he or she shall cause it to be destroyed, returned to the consignor, or subjected to any disinfecting or disinfesting procedure that he or she specifies, and the state is not liable to the consignor for expenses of shipping or treatment or for any damage which he or she may suffer through that action.

History of Section. G.L. 1956, § 2-18.1-20 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-21. Treatment.

The director may designate by rule or regulation any fumigation or other disinfestation or disinfection procedures, the carrying out of which, when certified to, or sworn to, in a manner and under any conditions that he or she specifies, will be acceptable to him or her in place of the customary certificate of inspection.

History of Section. G.L. 1956, § 2-18.1-21 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-22. Misrepresentation.

It is unlawful for any person to misrepresent, by name or otherwise, that he or she is a nursery worker or conducts a nursery business when this is not the case. This shall not apply to any person, firm, or corporation on record as doing business and building good will under this type of name prior to February 1, 1963.

History of Section. G.L. 1956, § 2-18.1-22 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-23. Enforcement.

It is the duty of the director of environmental management to enforce the provisions of this chapter, and all other laws for the inspection of orchards, nurseries, and other trees and shrubs and the protection of these objects from injurious insects and plant diseases.

History of Section. G.L. 1956, § 2-18.1-23 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-24. Additional authority of the director.

The director is authorized and empowered:

1. To make rules and regulations for carrying out the provisions of this chapter;
2. To employ any assistants necessary to enable him or her to discharge his or her duty in carrying out the provisions of this chapter; and
3. To grant special shipping certificates to residents of this state on individual shipments of nursery stock or other plants and plant products in compliance with the plant inspection and plant quarantine regulations of the state of destination.

History of Section. G.L. 1956, § 2-18.1-24 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-24.1. License fees — Apportionment.

1. One-fifth (1/5) of all license fees received by the director under the provisions of this chapter shall be paid over to the general treasurer and deposited within the general fund, and four-fifths (4/5) of the funds collected shall be deposited into a separate fund within the general fund to be called the “nursery, feed and fertilizer quality testing fund,” administered by the general treasurer in accordance with the same laws and fiscal procedures as the general fund of the state. This fund consists of all nursery worker’s license fees, dealers’ license fees, and fertilizer registration fees paid pursuant to §§ 2-18.1-9 , 2-18.1-10 , 2-7-4 and 2-7-6 .
2. That proportion of moneys placed in the nursery, feed and fertilizer testing fund collected from §§ 2-18.1-9 and 2-18.1-10 are available immediately, and are specifically appropriated to the director for the following purpose, for payment of ancillary services, personnel and equipment incurred in order to carry out the purposes of this chapter.

History of Section. P.L. 1992, ch. 133, art. 22, § 5.

2-18.1-25. Review of orders.

Any person affected by any order made or served pursuant to this chapter may have a review of the order by the director and from his or her decision may appeal to the courts for the purpose of having the order modified or suspended. Application for review may be made to the director, in writing, within ten (10) days after the receipt of the order and the review shall be allowed and considered by the director at any time and place that the director may prescribe.

History of Section. G.L. 1956, § 2-18.1-25 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-26. Penalties for violations.

Any person who violates any of the provisions of this chapter with reference to:

1. The sale, distribution, receipt or delivery of nursery stock which has not been inspected and certified;
2. The sale or offering for sale of nursery stock without first obtaining a license as provided for in this chapter;
3. The use of a license or a certificate of inspection after it has been revoked or suspended or has expired;
4. The use of a license or certificate of inspection belonging to another person;
5. The offering of any hindrance or resistance to the carrying out of the provisions of this chapter; or
6. The violation of any other provision of this chapter, or any rule or regulation of the director made in pursuance of this chapter;

   shall, upon conviction, be adjudged guilty of a misdemeanor and fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each and every offense.

History of Section. G.L. 1956, § 2-18.1-26 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-27. Prosecution of offenses.

All prosecutions of violations under the provisions of this chapter shall be instituted by the director and be directed by him or her, and all penalties recovered for the violation of any provisions of this chapter shall be paid into the treasury of the state. In prosecutions for violation of any provisions of this chapter commenced by the director, it is not necessary that he or she enter into recognizance or give surety for costs to prosecute these violations.

History of Section. G.L. 1956, § 2-18.1-27 , as assigned, P.L. 1962, ch. 132, § 1.

2-18.1-28. Severability.

If any section, sentence, clause, phrase, or other portion of this chapter is for any reason held to be unconstitutional, the decision does not affect the validity of the remaining portions of this chapter.

History of Section. G.L. 1956, § 2-18.1-28 , as assigned, P.L. 1962, ch. 132, § 1.

2-19-1. Practices subject to chapter.

The term arborist as used in this chapter means any person, firm or corporation who makes a business or practice of pruning, trimming, spraying or repairing fruit, shade and ornamental trees, and includes any lines of work that are commonly included under the terms tree surgery, tree dentistry, tree spraying, tree pruning, and the work of foresters and entomologists as applied to the care of fruit, shade, forest and ornamental trees and shrubs. The provisions of this chapter shall not apply to the Rhode Island resource recovery corporation established in chapter 23-19.

History of Section. P.L. 1928, ch. 1203, § 1; G.L. 1938, ch. 227, § 1; G.L. 1956, § 2-19-1 ; P.L. 2013, ch. 451, § 1; P.L. 2013, ch. 482, § 1.

2-19-2. Issuance of license — Fee.

Any person, firm or corporation desiring to engage in or practice the art or trade of arborist, as defined in § 2-19-1 , shall obtain a license to engage or practice from the director of environmental management. The director is authorized to grant licenses to practice that art or trade and require that the applicant for the license pass an examination showing fitness to engage in that art or trade, and the director shall charge a fee as determined by regulation as authorized in § 2-10-3.1 . This fee shall not exceed twenty-five dollars ($25.00).

History of Section. P.L. 1928, ch. 1203, § 2; G.L. 1938, ch. 227, § 2; G.L. 1956, § 2-19-2 ; P.L. 1960, ch. 74, § 1; P.L. 1992, ch. 133, art. 23, § 6.

2-19-3. Rules and regulations — Examination for license.

The director of the department of environmental management is authorized to make rules and regulations governing the practice of arborists and shall demand any person, firm, or corporation desiring to engage in the art or trade of treating and caring for trees as defined in § 2-19-1 , that he, she, or it pass an examination to show his, her, or its ability or capability to practice the art or trade of arborist. The director is further authorized to make rules and regulations to carry out the provisions of this chapter, including rules and regulations governing mulching operations and arboriculture operations as those terms are defined in § 2-19-4.1 .

History of Section. P.L. 1928, ch. 1203, § 3; G.L. 1938, ch. 227, § 3; impl. am. P.L. 1939, ch. 660, § 160; G.L. 1956, § 2-19-3 ; P.L. 2013, ch. 451, § 1; P.L. 2013, ch. 482, § 1; P.L. 2016, ch. 511, art. 1, § 2.

2-19-4. Disposition of license fees.

One-fifth (1/5) of all funds collected for licensing in this chapter shall, by the director of environmental management, be paid over to the general treasurer and deposited within the general fund, and four-fifths (4/5) of the funds collected shall be deposited in the state forestry fund as provided for in § 2-10-3 .

History of Section. P.L. 1928, ch. 1203, § 4; G.L. 1938, ch. 227, § 4; G.L. 1956, § 2-19-4 ; P.L. 1992, ch. 133, art. 23, § 6.

2-19-4.1. Arboriculture and mulching operations defined.

1. As used in this chapter:
   1. “Arboriculture” means the business or practice of pruning, trimming, spraying or repairing fruit, shade and ornamental trees, and includes any lines of work that are commonly included under the terms tree surgery, tree dentistry, tree spraying, tree pruning, and the work of foresters and entomologists as applied to the care of fruit, shade, forest and ornamental trees and shrubs.
   2. “Mulch” means any type of forest material, vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, tree and shrub roots, tree trunks, branches, leaves and tree stumps, that is produced for the purpose of spreading or application over the surface of the soil as a protective cover, to retain moisture, reduce erosion, provide nutrients, and suppress weed growth, seed germination and for general landscaping purposes.
   3. “Mulching operation” means any commercial enterprise operating on at least five (5) contiguous acres or larger, which is owned or operated by a licensed arborist pursuant to this chapter, and has as its primary purpose the production or storage of mulch.
   4. “Arboriculture operations” means any commercial enterprise operating on at least five (5) contiguous acres or larger, which is owned or operated by a licensed arborist pursuant to this chapter, and has as its primary purpose arboriculture.
2. Arboriculture operations and mulching operations shall be subject to the requirements of chapter 2-15.

History of Section. P.L. 2013, ch. 451, § 2; P.L. 2013, ch. 482, § 2.

2-19-4.2. Nuisance actions against arboriculture operations or mulching operations.

1. No arboriculture operation or mulching operation, as defined in this chapter may be found to be a public or private nuisance, due to alleged objectionable:
   1. Noise from equipment used in normal, generally accepted arboriculture or mulching operations;
   2. Dust created from normal, generally accepted arboriculture or mulching operations;
   3. Use of pesticides, rodenticides, insecticides, herbicides, or fungicides.

      This provision pertains only to nuisance actions under chapter 1 of title 10.

2. No rule or regulation of the department of transportation shall be enforced against any arboriculture operation or mulching operation to prevent it from placing a seasonal directional sign or display on the state’s right-of-way, on the condition that said sign or display conforms with the local zoning ordinance, and that sign or display is promptly removed by the arboriculture operation or mulching operation upon the conclusion of the season for which said sign or display was placed.
3. The provisions of this section do not apply to arboriculture operations or mulching operations that operate in a malicious or negligent manner, or that conduct operations in violation of federal or state law.

History of Section. P.L. 2013, ch. 451, § 2; P.L. 2013, ch. 482, § 2.

2-19-5. Penalty for violations.

Any person, firm or corporation who falsely represents that he or she holds an arborist license provided for in this chapter or who violates any other provision of this chapter, shall be punished by a fine not exceeding one thousand dollars ($1,000).

History of Section. P.L. 1928, ch. 1203, § 5; G.L. 1938, ch. 227, § 5; G.L. 1956, § 2-19-5 ; P.L. 1992, ch. 133, art. 23, § 6.

2-20-1. Appointment of city and town surveyors and measurers.

The city and town councils of all cities and towns where boards, plank, timber, joist and scantling are imported for sale shall annually, on or before the first day of March, appoint one or more surveyors and measurers of boards, plank, timber, joist and scantling, who are removable at the pleasure of the council. Each surveyor shall give bond, with two (2) securities, in the sum of five hundred dollars ($500), to the city or town treasurer for the faithful discharge of the duties of the office.

History of Section. G.L. 1896, ch. 40, § 8; G.L. 1909, ch. 50, § 8; G.L. 1923, ch. 51, § 8; G.L. 1938, ch. 333, § 8; G.L. 1956, § 2-20-1 .

2-20-2. Deputies for measurement of hardwood and ship timber.

The surveyor of lumber for any city or town may appoint one or more deputy surveyors, whose duty it is to survey mahogany, cedar and cherry tree boards, planks, joists and timber, and other ornamental or hardwood lumber, and ship timber, and the deputy shall give bond with surety, as required in § 2-20-6 .

History of Section. G.L. 1896, ch. 135, § 15; G.L. 1909, ch. 161, § 15; G.L. 1923, ch. 191, § 15; G.L. 1938, ch. 388, § 15; G.L. 1956, § 2-20-2 .

2-20-3. Surveyor for Providence — Election — Term.

There is a surveyor of lumber for the city of Providence, who is well skilled in the surveying and measurement of lumber. The surveyor shall be elected in the month of February annually, by the city council of the city, and shall hold his or her office for one year and until a successor is chosen or unless the surveyor is removed sooner.

History of Section. G.L. 1896, ch. 135, § 1; G.L. 1909, ch. 161, § 1; G.L. 1923, ch. 191, § 1; G.L. 1938, ch. 388, § 1; G.L. 1956, § 2-20-3 .

2-20-4. Bond of Providence surveyor.

The Providence surveyor shall, before entering on the duties of his or her office, give bond with two (2) sureties to the city treasurer, in the sum of two thousand dollars ($2,000), for the faithful discharge of his or her duties.

History of Section. G.L. 1896, ch. 135, § 2; G.L. 1909, ch. 161, § 2; G.L. 1923, ch. 191, § 2; G.L. 1938, ch. 388, § 2; G.L. 1956, § 2-20-4 .

2-20-5. Deputy surveyors for Providence.

The Providence surveyor may appoint, subject to the approval of the city council of the city, a number of deputy surveyors, not less than six (6), that he or she judges sufficient, for whose official conduct he or she shall be answerable.

History of Section. G.L. 1896, ch. 135, § 3; G.L. 1909, ch. 161, § 3; G.L. 1923, ch. 191, § 3; G.L. 1938, ch. 388, § 3; G.L. 1956, § 2-20-5 .

2-20-6. Bonds of deputies — Oath — Removal.

The Providence surveyor shall take bonds from his or her deputies for the faithful discharge of their duties, in the sum of five hundred dollars ($500) each, with surety, and the deputies shall be sworn faithfully to perform their duties, and shall be removable by the surveyor for neglect of duty.

History of Section. G.L. 1896, ch. 135, § 4; G.L. 1909, ch. 161, § 4; G.L. 1923, ch. 191, § 4; G.L. 1938, ch. 388, § 4; G.L. 1956, § 2-20-6 .

2-20-7. Returns by Providence surveyor.

The Providence surveyor shall make return to the city council of the city of Providence, on the first Monday in February annually, of all lumber surveyed by himself or herself or his or her deputies, specifying the various kinds and qualities and by whom surveyed, and the amount of all fees received by him or her and his or her deputies pursuant to this chapter; and the city council shall cause those returns to be published in one of the newspapers published in the city.

History of Section. G.L. 1896, ch. 135, § 5; G.L. 1909, ch. 161, § 5; G.L. 1923, ch. 191, § 5; G.L. 1938, ch. 388, § 5; G.L. 1956, § 2-20-7 .

2-20-8. Surveyors for Newport — Election — Bonds.

The council of the city of Newport shall annually, in the month of February, elect one or more surveyors and measurers of boards, planks, timber, joist and scantling, removable at the pleasure of the city council, who shall each give bond, with surety, in the sum of one thousand dollars ($1,000), to the city treasurer, for the faithful discharge of the duties of that office.

History of Section. G.L. 1896, ch. 135, § 6; G.L. 1909, ch. 161, § 6; G.L. 1923, ch. 191, § 6; G.L. 1938, ch. 388, § 6; G.L. 1956, § 2-20-8 .

2-20-9. Records of surveys.

Every surveyor and measurer shall keep a true and faithful record of all surveys of lumber made by him or her, together with all figures made by him in taking an account of those surveys, and that record shall be open to the inspection of all persons.

History of Section. G.L. 1896, ch. 135, § 8; G.L. 1909, ch. 161, § 8; G.L. 1923, ch. 191, § 8; G.L. 1938, ch. 388, § 8; G.L. 1956, § 2-20-9 .

2-20-10. Application of chapter to city and town surveyors.

Every surveyor and measurer of boards, planks, timber, joist and scantling, appointed by the city or town council of any city or town or by the council of the city of Newport, shall be subject to all the duties, provisions and penalties contained in this chapter.

History of Section. G.L. 1896, ch. 135, § 7; G.L. 1909, ch. 161, § 7; G.L. 1923, ch. 191, § 7; G.L. 1938, ch. 388, § 7; G.L. 1956, § 2-20-10 .

2-20-11. Imported lumber subject to survey.

All lumber brought by water or imported, discharged or delivered in this state, whether on the land or into a boat or vessel, except as provided in this chapter, shall be surveyed and measured according to the provisions of this chapter.

History of Section. G.L. 1896, ch. 135, § 9; G.L. 1909, ch. 161, § 9; G.L. 1923, ch. 191, § 9; G.L. 1938, ch. 388, § 9; G.L. 1956, § 2-20-11 .

2-20-12. Measurement of thin boards.

All boards less than three-fourths (3/4) of an inch thick shall be surveyed and measured in the same manner as to quality, quantity and numbers, as though they were of the thickness of one inch (1").

History of Section. G.L. 1896, ch. 135, § 11; G.L. 1909, ch. 161, § 11; G.L. 1923, ch. 191, § 11; G.L. 1938, ch. 388, § 11; G.L. 1956, § 2-20-12 .

2-20-13. Planks and joists.

All planks and joists shall be surveyed as to quality and numbers the same as boards and their contents measured and marked in board measure.

History of Section. G.L. 1896, ch. 135, § 12; G.L. 1909, ch. 161, § 12; G.L. 1923, ch. 191, § 12; G.L. 1938, ch. 388, § 12; G.L. 1956, § 2-20-13 .

2-20-14. Measurement of mahogany and cedar.

1. In the survey and measurement of mahogany and cedar timber, there shall be allowed:
   1. If the timber is sound and free from wane, two (2) inches on one side of the square, one inch on the other side and two (2) inches in length;
   2. If the timber is wider on one side than on the other, the two (2) inches shall be taken from the narrow side;
   3. If wany, two (2) inches on each side of the square;
   4. For rot and shakes, there shall be an allowance made as the surveyor deems expedient, not exceeding one-half.
2. All timber that is wormeaten, very much rotten, badly shaked or very wany, shall be denominated refuse, and allowance shall be made for rot.

History of Section. G.L. 1896, ch. 135, § 16; G.L. 1909, ch. 161, § 16; G.L. 1923, ch. 191, § 16; G.L. 1938, ch. 388, § 16; G.L. 1956, § 2-20-14 .

2-20-15. Grading of soft pine.

In the surveying of soft pine boards there shall be six (6) sorts:

1. The first sort shall be denominated number 1 and marked I, and includes boards free from sap, rot, knots, shakes and splits, not less than one inch thick, square-edged, and contains not less than sixteen (16) feet in quantity.
2. The second sort shall be denominated number 2 and marked II. Lumber of this sort does not have over one inch sap on the edges and is free from shakes, rot and knots, square-edged, and not less than seven-eighths (7/8) of an inch thick.
3. The third sort shall be denominated number 3 and marked III. Lumber of this sort shall be free from rot and shakes and nearly free from sap and knots.
4. The fourth sort shall be denominated number 4 and marked IV. Lumber of this sort is free from rot, shakes and large knots, suitable for cheap finish and dressing lumber.
5. The fifth sort shall be denominated number 5 and marked V. Lumber of this sort is square-edged, free from rot and shakes and suitable for barn and box boards.
6. The sixth sort shall be denominated number 6 and marked X. Lumber of this sort is not required to be square edged, and may have rot, shakes, knots and sap.

History of Section. G.L. 1896, ch. 135, § 10; G.L. 1909, ch. 161, § 10; G.L. 1923, ch. 191, § 10; G.L. 1938, ch. 388, § 10; G.L. 1956, § 2-20-15 .

2-20-16. Grading of hard pine, spruce, hemlock, and juniper.

In the survey of southern hard pine, spruce, hemlock and juniper boards, planks and sawed and hewed timber, there shall be two (2) sorts: (1) The first sort shall be denominated merchantable, and shall include all boards, planks, joists and timber that are sound and square-edged and well sawed; and (2) The second sort shall be denominated refuse and shall include all other descriptions, with allowance for rot.

History of Section. G.L. 1896, ch. 135, § 13; G.L. 1909, ch. 161, § 13; G.L. 1923, ch. 191, § 13; G.L. 1938, ch. 388, § 13; G.L. 1956, § 2-20-16 .

2-20-17. Grading of mahogany, cedar, and cherry.

In the survey and measurement of mahogany, cedar and cherry-tree boards, planks and joists and other ornamental wood and lumber, that are sound and free from bad knots and shakes shall be denominated merchantable, all others shall be denominated refuse, and allowance shall be made for rot and shakes.

History of Section. G.L. 1896, ch. 135, § 17; G.L. 1909, ch. 161, § 17; G.L. 1923, ch. 191, § 17; G.L. 1938, ch. 388, § 17; G.L. 1956, § 2-20-17 .

2-20-18. Grading of other hard woods.

In the survey of ash, maple and other hardwood boards, planks, joists and timber, there are two (2) sorts: The first sort is denominated merchantable and shall include all boards, planks, joists and timber that are sound and free from bad knots and free from shakes and rot; the second sort is denominated refuse, and shall include all other descriptions, with allowance for rot.

History of Section. G.L. 1896, ch. 135, § 14; G.L. 1909, ch. 161, § 14; G.L. 1923, ch. 191, § 14; G.L. 1938, ch. 388, § 14; G.L. 1956, § 2-20-18 .

2-20-19. Marking of measure.

In the survey of all boards, planks, joists and timber, the contents of this lumber in board measure shall be marked on this lumber in plain and durable numbers, and all other marks, if not correct, shall be erased. In marking the contents of any lumber, the board measure marks commonly used in marking boards shall only be used.

History of Section. G.L. 1896, ch. 135, § 18; G.L. 1909, ch. 161, § 18; G.L. 1923, ch. 191, § 18; G.L. 1938, ch. 388, § 18; G.L. 1956, § 2-20-19 ; P.L. 2016, ch. 512, art. 2, § 40.

2-20-20. Marking of grades.

The merchantable lumber shall be marked and the refuse lumber shall be marked Λ and shall be plainly and durably marked on each piece. Deduction shall be made for splits, not exceeding in any case one-half (1/2) the extent of the split.

History of Section. G.L. 1896, ch. 135, § 19; G.L. 1909, ch. 161, § 19; G.L. 1923, ch. 191, § 19; G.L. 1938, ch. 388, § 19; G.L. 1956, § 2-20-20 .

2-20-21. Sale according to grading and measurement.

All boards, planks, joists and timber shall be received and sold according to their contents, as fixed and marked under the provisions of this chapter.

History of Section. G.L. 1896, ch. 135, § 20; G.L. 1909, ch. 161, § 20; G.L. 1923, ch. 191, § 20; G.L. 1938, ch. 388, § 20; G.L. 1956, § 2-20-21 .

2-20-22. Survey fees.

There shall be paid for the survey of all lumber, excepting hard woods, twenty-five cents (25¢) per one thousand feet (1,000´) board measure, for mahogany, cedar and cherry-tree timber, boards, planks and joists, fifty cents (50¢) per one thousand feet (1,000´) board measure, for oak and other hard woods, for ship building, twenty-five cents (25¢) per ton, for ash, maple, birch and other hard wood, forty cents (40¢) per one thousand feet (1,000´) board measure, to be paid by the purchaser, and in case the purchaser requires that a person should be employed to keep tally of the lumber, an additional fee of five cents (5¢) per one thousand feet (1,000´) shall be paid for that service. No stock lumber shall be surveyed unless requested by the purchaser.

History of Section. G.L. 1896, ch. 135, § 21; G.L. 1909, ch. 161, § 21; G.L. 1923, ch. 191, § 21; G.L. 1938, ch. 388, § 21; G.L. 1956, § 2-20-22 .

2-20-23. Fees retained by surveyor.

There shall be paid to the surveyor, of the fees provided for in this chapter, for his or her own use, three cents (3¢) on every one thousand feet (1,000´) of pine, spruce, hemlock and juniper boards, planks, joists and sawed timber, four cents (4¢) on every ton of oak and other ship timber, six cents (6¢) on every one thousand feet (1,000´) board measure of mahogany, cedar and other ornamental lumber, ash, maple, birch and other hard wood.

History of Section. G.L. 1896, ch. 135, § 22; G.L. 1909, ch. 161, § 22; G.L. 1923, ch. 191, § 22; G.L. 1938, ch. 388, § 22; G.L. 1956, § 2-20-23 .

2-20-24. Survey on land.

No lumber shall be surveyed on board a vessel when the lumber can be conveniently landed for the inspection of the surveyors.

History of Section. G.L. 1896, ch. 135, § 23; G.L. 1909, ch. 161, § 23; G.L. 1923, ch. 191, § 23; G.L. 1938, ch. 388, § 23; G.L. 1956, § 2-20-24 .

2-20-25. Sale of unsurveyed lumber prohibited — Shipments for export.

No person within this state shall sell, purchase or take the delivery of, whether purchased outside of the state or within it or for his or her own personal use or otherwise, any boards, planks, joists or timber brought into the state unless this lumber shall be surveyed, marked and numbered conformably to the provisions of this chapter, except the lumber that is intended to be exported beyond sea and that is shipped for the purpose of that exportation within one year after the lumber has been sold and delivered to the person first purchasing or receiving this lumber in the state.

History of Section. G.L. 1896, ch. 135, § 24; G.L. 1909, ch. 161, § 24; G.L. 1923, ch. 191, § 24; G.L. 1938, ch. 388, § 24; G.L. 1956, § 2-20-25 .

2-20-26. Importation or purchase for private use.

Every person importing or purchasing lumber for his or her own private use and benefit, upon giving a certificate to that effect to the surveyor, is not required to have the lumber surveyed and measured but if he or she should dispose of it in any other manner than is provided in this section, he or she is liable to the same penalties as though the certificate had not been given.

History of Section. G.L. 1896, ch. 135, § 25; G.L. 1909, ch. 161, § 25; G.L. 1923, ch. 191, § 25; G.L. 1938, ch. 388, § 25; G.L. 1956, § 2-20-26 .

2-20-27. Trans-shipments exempt.

No person purchasing lumber outside of the state and trans-shipping the lumber through this state to any other state, is required to have the lumber surveyed and measured.

History of Section. G.L. 1896, ch. 135, § 26; G.L. 1909, ch. 161, § 26; G.L. 1923, ch. 191, § 26; G.L. 1938, ch. 388, § 26; G.L. 1956, § 2-20-27 .

2-20-28. Penalty for unlawful sales or delivery.

Every person who sells, purchases, delivers or takes the delivery of any boards, planks, joists or timber, in violation of any of the provisions of this chapter, shall pay for all boards, planks, joists and timber sold, purchased or delivered, one dollar ($1.00) per one thousand feet (1,000´) board measure, and the same for any less amount, one-half (1/2) of this penalty fee to go to the use of the state, and one-half of this penalty fee to go to the use of the surveyor of the town or city in which this lumber is taken or delivered. The surveyor shall prosecute all violations of this chapter that come to his or her knowledge.

History of Section. G.L. 1896, ch. 135, § 27; G.L. 1909, ch. 161, § 27; G.L. 1923, ch. 191, § 27; G.L. 1938, ch. 388, § 27; G.L. 1956, § 2-20-28 .

2-20-29. Penalty for alteration of marks.

Every person who willfully crosses, alters or defaces any mark affixed to any lumber by any deputy surveyor, shall be fined not less than fifty dollars ($50.00), to be recovered by the surveyor and to enure as provided in § 2-20-28 .

History of Section. G.L. 1896, ch. 135, § 28; G.L. 1909, ch. 161, § 28; G.L. 1923, ch. 191, § 28; G.L. 1938, ch. 388, § 28; G.L. 1956, § 2-20-29 .

2-20-30. Penalty for fraud by surveyors.

Every person appointed to office under this chapter, or his or her deputy, who connives at any fraud or deception in surveying, marking or numbering the contents of any boards, planks, joists or timber, shall be fined not less than fifty dollars ($50.00) for each offense.

History of Section. G.L. 1896, ch. 135, § 29; G.L. 1909, ch. 161, § 29; G.L. 1923, ch. 191, § 29; G.L. 1938, ch. 388, § 29; G.L. 1956, § 2-20-30 .

2-20-31. Penalty for neglect of duties by surveyor.

Every surveyor or deputy surveyor who, on due notice and request, willfully neglects or refuses to perform the duties enjoined by this chapter shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each offense.

History of Section. G.L. 1896, ch. 135, § 30; G.L. 1909, ch. 161, § 30; G.L. 1923, ch. 191, § 30; G.L. 1938, ch. 388, § 30; G.L. 1956, § 2-20-31 .

2-20-32. Resurveys on request.

Any person dissatisfied with the survey and measurement of any lumber purchased or sold by him or her, by any deputy appointed by the surveyor, may require the surveyor, with one or more deputies, at the option of the surveyor, to reinspect the same.

History of Section. G.L. 1896, ch. 135, § 31; G.L. 1909, ch. 161, § 31; G.L. 1923, ch. 191, § 31; G.L. 1938, ch. 388, § 31; G.L. 1956, § 2-20-33 .

2-20-33. Fees on reinspection.

If, upon a reinspection pursuant to § 2-30-32, an error is found in the survey above the amount of five dollars ($5.00), the person who surveyed the lumber shall receive no compensation for his or her services, and shall be fined not less than ten dollars ($10.00) nor more than twenty dollars ($20.00) and the surveyor and his or her deputy or deputies in other cases shall receive for their compensation twenty-five cents (25¢) per one thousand feet (1,000´), to be paid by the purchaser.

History of Section. G.L. 1896, ch. 135, § 32; G.L. 1909, ch. 161, § 32; G.L. 1923, ch. 191, § 32; G.L. 1938, ch. 388, § 32; G.L. 1956, § 2-20-33 .

2-20-34. Expense of overhauling for reinspection.

The expense of overhauling lumber for the purpose of reinspection and of the reinspection, shall be paid by the person requiring the reinspection and in all these cases this compensation shall be equally divided among the surveyor and his or her deputy or deputies.

History of Section. G.L. 1896, ch. 135, § 33; G.L. 1909, ch. 161, § 33; G.L. 1923, ch. 191, § 33; G.L. 1938, ch. 388, § 33; G.L. 1956, § 2-20-34 .

2-20-35. State lumber exempt.

This chapter shall not be construed to require the survey or measurement of any lumber made in any city or town in this state.

History of Section. G.L. 1896, ch. 135, § 34; G.L. 1909, ch. 161, § 34; G.L. 1923, ch. 191, § 34; G.L. 1938, ch. 388, § 34; G.L. 1956, § 2-20-35 .

2-21-1. Title.

This chapter shall be known as the “Rhode Island agricultural liming materials law”.

History of Section. P.L. 1977, ch. 164, § 1.

2-21-2. Responsibility for administration.

This chapter shall be administered by the director of the department of environmental management, referred to as the director.

History of Section. P.L. 1977, ch. 164, § 1.

2-21-3. Definitions.

When used in this chapter:

1. “Agricultural liming materials” means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity.
2. “Brand” means the term, designation, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale.
3. “Bulk” means in nonpackaged form.
4. “Burnt lime” means a material made from limestone which consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide.
5. “Calcium carbonate equivalent” means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate.
6. “Fineness” means the percentage by weight of the material which will pass U.S. standard sieves of specific sizes. The director shall promulgate regulations relating to fineness and shall be guided by the American society for testing and materials (ASTM) specification for sieve sizes.
7. “Hydrated lime” means a material, made from burnt lime, which consists essentially of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide and/or magnesium hydroxide.
8. “Industrial byproduct” means any industrial waste or byproduct containing calcium or calcium and magnesium in forms that will neutralize soil acidity.
9. “Label” means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments.
10. “Limestone” means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity.
11. “Marl” means a granular or loosely consolidated earthy material composed largely of sea shell fragments and calcium carbonate.
12. “Percent” or “Percentage” means by weight.
13. “Person” means individual, partnership, association, firm or corporation.
14. “Ton” means a net weight of two thousand (2,000) pounds avoirdupois.
15. “Weight” means the weight of undried material as offered for sale.

History of Section. P.L. 1977, ch. 164, § 1.

2-21-4. Labeling.

1. Agricultural liming materials sold, offered or exposed for sale in the state shall have affixed to each package in a conspicuous manner on their outside, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information:
   1. The name and principal office address of the manufacturer or distributor;
   2. The brand or trade name of the material;
   3. The identification of the product as to the type of the agricultural liming material;
   4. The net weight of the agricultural liming material;
   5. The minimum percentage of calcium oxide and magnesium oxide. Additional guarantees for calcium carbonate and magnesium carbonate are allowed;
   6. Calcium carbonate equivalent as determined by methods prescribed by the association of official analytical chemists. Minimum calcium carbonate equivalents as prescribed by regulation; and
   7. The minimum percent by weight passing through U.S. standard sieves as prescribed by regulations.
2. No information or statement shall appear on any package, label, delivery slip or advertising matter which is false or misleading to the purchaser as to the quality, analysis, type or composition of the agricultural liming material.
3. In the case of any material which has been adulterated subsequent to packaging, labeling or loading of the material and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of the adulteration in the material.
4. At every site from which agricultural liming materials delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material.
5. When the director finds, after a public hearing following due notice, that the requirement for expressing the calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming material by reason of conflicting labeling requirements among the state he or she may require by regulation that the minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate shall be expressed in the following form:

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   Provided that the effective date of the regulation is be not less than six (6) months following the issuance of the regulation, and that for a period of two (2) years following the effective date of the regulation the equivalent of calcium and magnesium may also be shown in the form of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate.

Total calcium (Ca) percent Total magnesium (Mg) percent

History of Section. P.L. 1977, ch. 164, § 1.

2-21-5. Prohibited acts.

1. No agricultural liming material shall be sold or offered for sale in this state unless it complies with provisions of this chapter or regulations.
2. No agricultural liming material shall be sold or offered for sale in this state which contains toxic materials in quantities injurious to plants or animals.

History of Section. P.L. 1977, ch. 164, § 1.

2-21-6. Registration.

1. Each separately identified product shall be registered before being distributed in this state. The application for registration shall be submitted to the director on forms furnished by the director and shall be accompanied by a fee of twenty dollars ($20.00) per product. Upon approval by the director, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31st of each year.
2. A distributor is not required to register any brand of agricultural liming material which is already registered under this chapter by another person, providing the label does not differ in any respect.

History of Section. P.L. 1977, ch. 164, § 1.

2-21-7. Reporting of tonnage.

1. Within thirty (30) days following the expiration of registration, each registrant shall submit on forms furnished by the director an annual statement under oath for the twelve (12) month period ending the calendar year, setting forth the number of net tons of each agricultural liming material sold by him for use in the state during that calendar year. No tonnage fee is required on agricultural liming materials being offered for sale in this state.
2. The director shall publish and distribute annually, to each agricultural liming material registrant or other interested persons a composite report showing the tons of agricultural liming material sold in the state. This report shall in no way divulge the operation of any registrant.

History of Section. P.L. 1977, ch. 164, § 1.

2-21-8. Inspection, sampling, analysis.

1. It is the duty of the director, who may act through his or her authorized agent, to sample, inspect, make analyses, and test agricultural liming materials distributed within this state as he or she deems necessary to determine whether those agricultural liming materials are in compliance with the provisions of this chapter. The director, individually or through his or her agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to agricultural liming material subject to the provisions of this chapter and regulations pertaining to agricultural liming material, and to the records relating to their distribution.
2. The methods of analysis and sampling are those approved by the director, and shall be guided by association of official analytical chemists procedures.
3. The results of official analysis of agricultural liming materials and portions of official samples shall be distributed, upon request, by the director as provided in the regulations at least annually.

History of Section. P.L. 1977, ch. 164, § 1.

2-21-9. Stop sale, use, or removal orders.

The director may issue and enforce a written or printed stop sale, use, or removal order to the owner or custodian of any lot of agricultural liming materials and to hold at a designated place when the director finds that the agricultural liming material is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and the agricultural liming material is released, in writing, by the director, or the violation has been otherwise legally disposed of by written authority. The director shall release the agricultural liming materials withdrawn, when the requirements of the provisions of this chapter are complied with and all costs and expense incurred in connection with the withdrawal are paid.

History of Section. P.L. 1977, ch. 164, § 1.

2-21-10. Penalties for violations.

Any person convicted of violating any provision of this chapter or the rules and regulations promulgated under this chapter is subject to a penalty of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) to be enforced by a summary proceeding in a court of competent jurisdiction. Nothing in this chapter is construed as requiring the director or his or her authorized agent to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when he or she believes that the public interest will best be served by a suitable written warning.

History of Section. P.L. 1977, ch. 164, § 1.

2-21-11. Rules for administration of agricultural liming material.

The director, after reasonable notice and a hearing, is empowered to promulgate and enforce rules and regulations for the administration of this chapter and to grant exemptions from specific requirements of this chapter as, from time to time, may be deemed necessary.

History of Section. P.L. 1977, ch. 164, § 1.

2-22-1. Title.

This chapter shall be known as the “Rhode Island soil amendment law”.

History of Section. P.L. 1977, ch. 165, § 1.

2-22-2. Responsibility for administration.

This chapter shall be administered by the director of the department of environmental management, referred to as the director.

History of Section. P.L. 1977, ch. 165, § 1.

2-22-3. Definitions.

As used in this chapter:

1. “Brand” means the term, designation, trade mark, product name or other specific designation under which individual soil amendments are offered for sale.
2. “Bulk” means in nonpackaged form.
3. “Compost” means a soil amending material resulting from the aerobic, thermophyllic, microbial processing of organic materials.
4. “Composter” means a producer of compost registered with the director under this chapter.
5. “Composting” means any aerobic, thermophyllic process which allows for the conversion of raw organic materials into a stable soil amendment.
6. “Distribute” means to import, consign, manufacture, produce, compound, mix or blend soil amendments or offer for sale, sell, barter, or otherwise supply soil amendments in this state.
7. “Distributor” means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends soil amendments, or who offers for sale, sells, barters, or otherwise supplies soil amendments in this state.
8. “Investigational allowance” means an allowance for variations inherent in the taking, preparation and analysis of an official sample of soil amendment.
9. “Label” means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a soil amendment.
10. “Labeling” means all written, printed or graphic matter, upon or accompanying any soil amendment, or advertisements, brochures, posters, or television or radio announcements used in promoting the sale of any soil amendments.
11. “Minimum percentage” means that percent of soil amending ingredient that must be present in a product before the product will be accepted for registration when mentioned in any form or manner.
12. “Official sample” means any sample of soil amendment taken by the director or his or her agent and designated as official by the director.
13. “Other ingredients” means the nonsoil amending ingredients present in soil amendments.
14. “Percent” or “Percentage” means by weight.
15. “Person” means individual, partnership, association, firm or corporation.
16. “Registrant” means the person who registers soil amendments under the provisions of this chapter.
17. “Soil amending ingredient” means a substance which improves the physical characteristics of the soil.
18. “Soil amendment” means any substance which is intended to improve the physical characteristics of the soil, except commercial fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, unmanipulated natural substances (charcoal, sand, pumice, and clay, etc.), pesticides, and other material exempted by regulation.
19. “Soil ingredient form” means the chemical compound such as salt, chelate, oxide, acid, etc., of an ingredient or the physical form of an ingredient.
20. “Ton” means a net weight of two thousand (2,000) pounds avoirdupois.
21. “Weight” means the weight of material as offered for sale.

History of Section. P.L. 1977, ch. 165, § 1; P.L. 1994, ch. 63, § 1.

2-22-4. Labeling.

1. Soil amendment labels — the following information shall appear on the face or display side in a readable and conspicuous form, and is considered the label:
   1. Net weight
   2. Brand Name
   3. Guaranteed analysis

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   4. Purpose of product
   5. Direction for application
   6. Name and address of the registrant.
2. No information or statement shall appear on any package, label, delivery slip or advertising matter which is false or misleading to the purchaser as to the use, value, quality, analysis, type or composition of the soil amendment.
3. The director may require proof of claims made for any soil amendment. If no claims are made he or she may require proof of usefulness and value of the soil amendments. For evidence of proof the director of environmental management may rely on experimental data, evaluations, or advice supplied from such sources as the dean of the college of resource development. The experimental design shall be related to Rhode Island conditions for which the product is intended. The director may accept or reject other sources of proof as additional evidence in evaluating soil amendments.
4. No soil amending ingredient may be listed or guaranteed on the labels or labeling of soil amendments without the permission of the director. The director may allow a soil amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided to the director to substantiate the value and usefulness of the soil amending ingredients. The director may rely on outside sources such as the director of the agricultural experiment station for assistance in evaluating the data submitted. When a soil amending ingredient is permitted to be listed or guaranteed it must be determinable by laboratory methods and is subject to inspection and analysis. The director may prescribe methods and procedures of inspection and analysis of the soil amending ingredient. The director may stipulate by regulation, the quantities of the soil amending ingredient or soil amending ingredients required in soil amendments.
5. The director may allow labeling by volume rather than weight in the packaging of soil amendments.

Soil amending ingredients Name and source of ingredient% and continued until all soil amending ingredients are listed and percentages given. Total percent of other ingredients

History of Section. P.L. 1977, ch. 165, § 1; P.L. 1994, ch. 63, § 1.

2-22-5. Registration — Tonnage report and fee.

1. Each separately identified product shall be registered before being distributed in this state. The application for registration shall be submitted to the director of environmental management on forms furnished or approved by the director and be accompanied by a fee of fifty dollars ($50.00) per product. Upon approval by the director, a certified copy of the registration shall be furnished to the applicant. All registrations expire on December 31st of each year. Each manufacturer shall submit to the director a copy of labels and advertising literature with the registration request for each soil amendment.
2. A distributor is not required to register any brand of soil amendment which is already registered under this chapter by another person, providing that the label does not differ in any respect.
3. Before registering any soil amendment, the director may require evidence to substantiate the claims made for the soil amendment and proof of the value and usefulness of the soil amendment and of any process step during composting deemed essential to the safety of the soil amendment as provided in subsections (c) and (d) of § 2-22-4 .
4. The director may by regulation set the minimum amount of a soil amending ingredient and soil amending ingredients that must be present before a soil amendment can be registered and sold.
5. The director may through promulgation of regulations require a tonnage fee and/or tonnage report annually. If required, the tonnage fee and tonnage report may be made on a calculated equivalent of volume to tons on brands labeled by volume rather than weight.
6. The composter is required to register the operation with the director and shall identify their organic and any inorganic inputs and processes used in the making of their compost. The director shall set forth rules and regulations delineating the organic inputs allowed under the following compost designations and shall collect the appropriate registration fee for the compost operation. Compost classes are:
   1. Horticultural grade, general use, one hundred fifty dollars ($150) per year;
   2. Horticultural grade, mixed source general use, three hundred dollars ($300) per year;
   3. Non-food crop use, one thousand dollars ($1,000) per year; and
   4. Limited landscape use, two thousand five hundred dollars ($2,500) per year.

History of Section. P.L. 1977, ch. 165, § 1; P.L. 1994, ch. 63, § 1.

2-22-6. Inspection, sampling, analysis.

1. It is the duty of the director of environmental management, who may act through his or her authorized agent, to sample, inspect, make analyses, and test soil amendments distributed within the state at any time and place and to any extent he or she may deem necessary to determine whether the soil amendments are in compliance with the provisions of this chapter. The director, individually or through his or her agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to soil amendments subject to the provisions of the chapter and the rules and regulations pertaining to soil amendments, and to the records relating to their distribution.
2. The methods of analysis and sampling shall be those adopted by the director from sources such as the association of official analytical chemists, or other sources acceptable to the director.
3. The results of official analyses of soil amendments and portions of official samples shall be distributed by the director as provided in the regulations.

History of Section. P.L. 1977, ch. 165, § 1.

2-22-7. Penalties for deficient analysis.

1. If the analysis shows that any soil amendment falls short of the guaranteed analysis in any one soil amending ingredient or in total soil amending ingredients, a penalty shall be assessed in favor of the department in accordance with the following provisions:
   1. A penalty of three (3) times the value of the deficiency if the deficiency in any one soil amending ingredient is more than:
      1. Twenty percent (20%) of the guarantee on any one soil amendment in which the soil amending ingredient is guaranteed up to and including twenty percent (20%);
      2. Four percent (4%) under guarantee on any one soil amendment in which the soil amending ingredient is guaranteed twenty and one-tenth percent (201/10%) and above;
   2. A penalty of three (3) times the value of the total soil amending ingredients deficiency is assessed when the total deficiency is more than two percent (2%) under the calculated total soil amending ingredient guarantee;
   3. When a soil amendment is subject to penalty under both subdivisions (1) and (2) of this subsection, only the larger penalty is assessed.
2. All penalties assessed under this section shall be paid to the director of environmental management within three (3) months after the date of notice from the director to the registrant. The penalty shall be deposited into the general treasury.
3. Nothing contained in this section prevents any person from appealing to a court of competent jurisdiction for a judgment as to the justification of any penalties imposed under subsections (a) and (b) of this section.
4. The penalties payable in subsections (a) and (b) of this section shall in no manner be construed as limiting the consumer’s right to bring a civil action in damage against the registrant paying those civil penalties.
5. For the purpose of determining commercial values to be applied under the provisions of this section, the director shall determine from the registrant’s sales invoice the values charged for the soil amending ingredients. If no invoice is available, or if the invoice fails to provide sufficient information, the director may use other methods to determine values. The values determined shall be used in determining and assessing penalties.

History of Section. P.L. 1977, ch. 165, § 1.

2-22-8. Misbranding.

No person shall distribute a misbranded soil amendment. A soil amendment is deemed to be misbranded if:

1. Its labeling is false or misleading in any particular;
2. It is distributed under the name of another soil amendment;
3. It is not labeled as required in §§ 2-22-4 and 2-22-5 and in accordance with regulations prescribed under this chapter;
4. It purports to be or is represented as a soil amendment, unless that soil amendment conforms to the definitions of identity, if any, prescribed by regulation of the director of environmental management; in the adopting of those regulations, the director shall give due regard to commonly accepted definitions and official terms such as those issued by the association of American plant food control officials; or
5. It does not conform to ingredient form, minimums, labeling and investigational allowances in the regulations adopted by the director.

History of Section. P.L. 1977, ch. 165, § 1.

2-22-9. Stop sale, use, or removal orders.

The director of environmental management may issue and enforce a written or printed stop sale, use, or removal order to the owner or custodian of any lot of soil amendment and to hold at a designated place when the director finds the soil amendment is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and the soil amendment is released in writing by the director, or the violation has been otherwise legally disposed of by written authority. The director shall release the soil amendment withdrawn when the requirements of the provisions of the chapter are complied with and all costs and expenses incurred in connection with the withdrawn soil amendment have been paid.

History of Section. P.L. 1977, ch. 165, § 1.

2-22-10. Penalties for violations.

1. Any person convicted of violating any provision of this chapter or the rules and regulations promulgated under this chapter is subject to a penalty of not less than one hundred dollars ($100). The penalty shall not be greater than five thousand dollars ($5,000) or in addition to the penalty, the violator’s registration fee shall be increased four hundred percent (400%) for the four (4) years subsequent to the penalty. All penalties shall be enforced by a summary proceeding in a court of competent jurisdiction. Nothing in this chapter shall be construed as requiring the director of environmental management or his or her authorized agent to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when he or she believes that the public interest will best be served by a suitable written warning.
2. The director is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under the chapter notwithstanding the existence of other remedies at law. The injunction to be issued without bond.

History of Section. P.L. 1977, ch. 165, § 1; P.L. 1994, ch. 63, § 1.

2-22-11. Rules and regulations.

The director of environmental management is authorized pursuant to publication and notice to adopt and enforce rules and regulations relating to sampling, analytical methods, form, minimum percentages, soil amending ingredients, exempted materials, investigational allowances, definitions, records, labels, labeling, liability bond, misbranding, mislabeling, and the distribution of soil amendments as may be necessary to carry into effect the full intent and meaning of this chapter. The director of environmental management is authorized and empowered to adopt and enforce rules and regulations to waive registration and fee requirements for agricultural, municipal and other compost facilities based upon the size of operation, volume and composition of material being composted.

History of Section. P.L. 1977, ch. 165, § 1; P.L. 1994, ch. 63, § 1; P.L. 1997, ch. 287, § 1.

2-22-12. Adulteration.

No person shall distribute an adulterated soil amendment. A soil amendment is deemed to be adulterated if:

1. It contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, animal, or aquatic life when applied in accordance with directions for use on the label, or contains false or misleading information regarding input materials or production process, or if adequate warning statements and directions for use, which may be necessary to protect plant, animal, or aquatic life are not shown upon the label;
2. If its composition falls below or differs from that which it is purported to possess by its labeling; or
3. If it contains unwanted crop or weed seed, or primary noxious or secondary noxious weed seed.

History of Section. P.L. 1977, ch. 165, § 1; P.L. 1994, ch. 63, § 1.

2-22-13. Cancellation or refusal of registration.

The director of environmental management is authorized and empowered to refuse registration of any brand of soil amendment if he or she finds the brand of soil amendment violates any section of this chapter or the rules and regulations promulgated under this chapter. The director is authorized and empowered to cancel the registration of any brand of soil amendment upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or attempted evasions of this chapter, or any rules or regulations promulgated under this chapter and no registration shall be revoked until the registrant has been given the opportunity to appear for a hearing by the director.

History of Section. P.L. 1977, ch. 165, § 1.

2-22-14. Constitutionality.

If any clause, sentence, paragraph, or part of this chapter is for any reason judged invalid by any court of competent jurisdiction, that judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph or part of this chapter directly involved in the controversy in which such judgment shall have been rendered.

History of Section. P.L. 1977, ch. 165, § 1.

2-22-15. Annual reports.

The registrant is required to submit an annual report of sales to the director. The composter shall submit payment to the director as follows:

1. Eight cents ($.08) per ton for class 1 general use;
2. Fifteen cents ($.15) per ton for class 2 use;
3. Twenty cents ($.20) per ton for class 3 use; and
4. Twenty-five cents ($.25) per ton for class 4 limited use.

History of Section. P.L. 1994, ch. 63, § 2.

2-22-16. Quality assurance funds.

All funds received by the department under this chapter shall be deposited into the feed and fertilizer quality testing fund established under § 2-7-6(a) and used for the express purpose of testing and assuring the soil amendment.

History of Section. P.L. 1994, ch. 63, § 2; P.L. 2016, ch. 512, art. 2, § 41.

2-23-1. Short title.

This chapter shall be known as “The Rhode Island Right to Farm Act”.

History of Section. P.L. 1982, ch. 10, § 1.

2-23-2. Legislative findings.

The general assembly finds:

1. That agricultural operations are valuable to the state’s economy and the general welfare of the state’s people;
2. That agricultural operations are adversely affected by the random encroachment of urban land uses throughout rural areas of the state;
3. That, as one result of this random encroachment, conflicts have arisen between traditional agricultural land uses and urban land uses; and
4. That conflicts between agricultural and urban land uses threaten to force the abandonment of agricultural operations and the conversion of agricultural resources to non-agricultural land uses, whereby these resources are permanently lost to the economy and the human and physical environments of the state.

History of Section. P.L. 1982, ch. 10, § 1.

2-23-3. Declaration of policy.

The general assembly declares that it is the policy of the state to promote an environment in which agricultural operations are safeguarded against nuisance actions arising out of conflicts between agricultural operations and urban land uses.

History of Section. P.L. 1982, ch. 10, § 1.

2-23-4. “Agricultural operations” defined.

1. As used in this chapter, “agricultural operations” includes any commercial enterprise that has as its primary purpose horticulture, viticulture, viniculture, floriculture, forestry, stabling of horses, dairy farming, or aquaculture, or the raising of livestock, including for the production of fiber, furbearing animals, poultry, or bees, and all such other operations, uses, and activities as the director, in consultation with the chief of division of agriculture, may determine to be agriculture, or an agricultural activity, use or operation. The mixed-use of farms and farmlands for other forms of enterprise including, but not limited to, the display of antique vehicles and equipment, retail sales, tours, classes, petting, feeding and viewing of animals, hay rides, crop mazes, festivals and other special events are hereby recognized as a valuable and viable means of contributing to the preservation of agriculture.
2. Nothing herein shall be deemed to restrict, limit, or prohibit nonagricultural operations from being undertaken on a farm except as otherwise restricted, regulated, limited, or prohibited by law, regulation, or ordinance or to affect the rights of persons to engage in other lawful nonagricultural enterprises on farms; provided, however, that the protections and rights established by this chapter shall not apply to such nonagricultural activities, uses or operations.

History of Section. P.L. 1982, ch. 10, § 1; P.L. 1993, ch. 151, § 1; P.L. 2004, ch. 53, § 1; P.L. 2004, ch. 178, § 1; P.L. 2007, ch. 321, § 1; P.L. 2007, ch. 408, § 1; P.L. 2014, ch. 360, § 1; P.L. 2014, ch. 406, § 1.

2-23-5. Nuisance actions against agricultural operations.

1. No agricultural operation, as defined in this chapter is found to be a public or private nuisance, due to alleged objectionable:
   1. Odor from livestock, manure, fertilizer, or feed, occasioned by generally accepted farming procedures;
   2. Noise from livestock or farm equipment used in normal, generally accepted farming procedures;
   3. Dust created during plowing or cultivation operations;
   4. Use of pesticides, rodenticides, insecticides, herbicides, or fungicides.

      This provision pertains only to nuisance actions under chapter 1 of title 10.

2. In addition, no city or town ordinance adopted under § 23-19.2-1 shall be enforced against any agricultural operation as defined in this chapter. In addition, no rule or regulation of the department of transportation shall be enforced against any agricultural operation to prevent it from placing a seasonal directional sign or display on the state’s right-of-way, on the condition that that sign or display conforms with the local zoning ordinance, and that sign or display is promptly removed by the agricultural operation upon the conclusion of the season for which said sign or display was placed.

History of Section. P.L. 1982, ch. 10, § 1; P.L. 1990, ch. 145, § 1.

2-23-6. Negligence actions — Pesticide use not affected.

The provisions of this chapter do not apply to agricultural operations conducted in a malicious or negligent manner, or to agricultural operations conducted in violation of federal or state law controlling the use of pesticides, rodenticides, insecticides, herbicides, or fungicides.

History of Section. P.L. 1982, ch. 10, § 1.

2-23-7. Severability.

If any provision of this chapter, or determination made under this chapter, or application of this chapter to any person, agency, or circumstances is held invalid by a court of competent jurisdiction, the remainder of this chapter and its application to any person, agency, or circumstances shall not be affected by the invalidity. The invalidity of any section or sections of this chapter shall not affect the remainder of this chapter.

History of Section. P.L. 1982, ch. 10, § 1.

2-23.1-1. Findings.

The general assembly finds and declares:

1. That the preservation and expansion of agriculture are goals of the state;
2. That among economic activities, agriculture is uniquely dependent on the land;
3. That land use and water usage regulation and land taxation can have significant impacts on the viability of agricultural operations;
4. That the understanding of such impacts is often not widespread or readily included in decision making; and
5. 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.

History of Section. P.L. 2005, ch. 314, § 1.

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.

History of Section. P.L. 2005, ch. 314, § 1.

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 § 2-23-4 , that have a current level II certificate of exemption pursuant to paragraph (32) of § 44-18-30 , and shall provide by April 15, biennially commencing in 2008 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 every two (2) years thereafter, and shall include the name of the agricultural operations and location, the name and mailing address of the person to receive notification a copy of the certificate of exemption, and such other information as the department may require to determine whether the criteria set forth in this section have been satisfied.

History of Section. P.L. 2005, ch. 314, § 1; P.L. 2007, ch. 145, § 1; P.L. 2007, ch. 271, § 1.

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 § 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 § 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 § 2-23.1-6 .

History of Section. P.L. 2005, ch. 314, § 1.

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.

History of Section. P.L. 2005, ch. 314, § 1.

2-23.1-6. Work sessions.

Any farmer who receives a notification as provided for in § 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.

History of Section. P.L. 2005, ch. 314, § 1.

2-23.1-7. Emergency actions unimpaired.

The provisions of §§ 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.

History of Section. P.L. 2005, ch. 314, § 1.

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.

History of Section. P.L. 2005, ch. 314, § 1.

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.

History of Section. P.L. 2005, ch. 314, § 1.

2-23.2-1. Purpose.

The purpose of this chapter is to provide for the preservation of agriculture by protecting persons engaged in agricultural operations on agricultural lands, the development rights to which have been conveyed against changes in rules, regulations and requirements that would impair the ability to continue agricultural operations that were allowable at the time of the transfer of the development rights.

History of Section. P.L. 2006, ch. 68, § 1; P.L. 2006, ch. 77, § 1.

2-23.2-2. Definitions.

As used in this chapter, the following terms and phrases shall have the meaning set forth in this section unless the context indicates a different meaning or intent:

1. “Agricultural land” means land conforming to the definition of agricultural land set forth in § 42-82-2 .
2. “Agricultural operation” means any activity defined as an agricultural operation in § 2-23-4 .
3. “Development right” means a development right conforming to the definition of a development right as set forth in § 42-82-2 .

History of Section. P.L. 2006, ch. 68, § 1; P.L. 2006, ch. 77, § 1.

2-23.2-3. Right to agricultural use.

Unless explicitly curtailed, defined or restricted by an instrument conveying development rights to agricultural land, the right to engage in agricultural operations shall include all activities reasonably associated with and/or necessary to such agricultural operations that were allowable on the agricultural land as of the date of the final execution of the instrument conveying such development rights. A right to engage in such allowable agricultural operations shall be deemed to be an implied condition of the instrument.

History of Section. P.L. 2006, ch. 68, § 1; P.L. 2006, ch. 77, § 1.

2-23.2-4. Effect of rules and regulations.

All rules, regulations, ordinances and other requirements of the state and agencies, corporations, boards, commissions and political subdivisions of the state that are applicable to the conduct of agricultural operations allowable as of the date of the final execution of the instrument conveying development rights shall continue to apply to agricultural operations on such agricultural land. Unless specifically provided for by law or unless necessary to protect public health, safety or the environment from imminent hazard, no rule, regulation or requirement adopted by any agency, corporation, board, commission and/or political subdivision of the state after the date of such final execution of an instrument conveying development rights shall be deemed to diminish, restrict or impair such allowable agricultural activities, except as may be necessary not to impair the actual agricultural operations of another person engaged in agricultural operations, including those who have not conveyed development rights.

The limitations herein established shall not be deemed to diminish or impair the adoption, amendment, implementation, or enforcement of rules, regulations, ordinances, or other requirements that do not directly affect actual agricultural operations that are undertaken for the purposes of producing agricultural products.

History of Section. P.L. 2006, ch. 68, § 1; P.L. 2006, ch. 77, § 1.

2-23.2-5. Construction.

The provisions of this chapter shall apply to all instruments conveying development rights in effect as of or after the effective date of this chapter [June 14, 2006].

History of Section. P.L. 2006, ch. 68, § 1; P.L. 2006, ch. 77, § 1.

2-23.2-6. Severability.

If any provision of this chapter, or determination made under this chapter, or application of this chapter to any person, agency or circumstances is held invalid by a court of competent jurisdiction, the remainder of this chapter and its application to any person, agency or circumstances shall not be affected by the invalidity. The invalidity of any section or sections of this chapter shall not affect the remainder of this chapter.

History of Section. P.L. 2006, ch. 68, § 1; P.L. 2006, ch. 77, § 1.

2-24-1. Ratification of compact — Text.

The governor having entered on behalf of this state into a compact, substantially in the following form, with one or more of the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Vermont and Virginia and with any other states of the United States or provinces of the Dominion of Canada as may have legally joined in this compact, the legislature signifies its approval and ratification of the compact entered into, as to any of those states or provinces that may have or may hereafter legally join in the compact:

2-25-1. Short title.

This chapter shall be known and may be cited as the “The Rhode Island Local Agriculture and Seafood Act.”

History of Section. P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.

2-25-2. Legislative findings.

The general assembly hereby finds and declares:

1. A viable agricultural and seafood sector in Rhode Island represents part of a secure regional food supply, which in turn lends itself to energy and economic efficiencies;
2. The federal government and regional entities have established and continue to establish programs and processes to support local agricultural production and increased consumption of locally produced food, and Rhode Island functions in whole or in part in the context of federal and regional programs;
3. The general public is increasingly interested in locally produced food;
4. The benefits of local food systems to local communities include open land, jobs, nutritious and safe foods, and youth education opportunities;
5. Farms and commercial fishing are an integral part of Rhode Island’s overall economy;
6. Encouraging the continued growth of Rhode Island’s agricultural and seafood sectors is integral to reducing food insecurity in Rhode Island;
7. Relationship-based food systems such as farm-to-school programs, community supported agriculture (CSA) programs, farmers’ markets, and pick-your-own operations are increasingly popular and offer areas of opportunity for new farmers; and
8. The state of Rhode Island has historically established programs to provide for and regulate the agriculture and commercial fishing sectors.

History of Section. P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.

2-25-3. Legislative intent.

The general assembly intends:

1. To support and develop more robust and self-sustaining agricultural and seafood sectors that also promotes emerging agricultural industries;
2. That policies and programs of the state will support and promote the Rhode Island agriculture and seafood industries as a vital component of the state’s economy and essential steward of our land and coastal waters;
3. That current policies and programs pertaining to the viability of Rhode Island’s agricultural and seafood industries be reviewed and confirmed or changed in order to assure the long-term economic prosperity of the industries; and
4. That Rhode Island will promote processing and consumption of agricultural and seafood products from within Rhode Island.

History of Section. P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.

2-25-4. Definitions.

When used in this chapter, the following terms shall have the following meanings:

1. “Director” means the director of the department of environmental management or his or her duly authorized agent or agents.
2. “Fund” means the local agriculture and seafood small grants and technical assistance fund.
3. “Program” means the local agriculture and seafood small grants and technical assistance program.

History of Section. P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.

2-25-5. Small grants and technical assistance program established.

The department of environmental management shall establish the local agriculture and seafood small grants and technical assistance program. Through the program the department shall: (1) Assist in the marketing of Rhode Island grown agricultural products and local seafood for the purpose of sale and promotion within the state of Rhode Island or United States; (2) Enhance the economic competitiveness of Rhode Island grown agricultural products and local seafood; (3) Provide financial and technical assistance support to organizations and farmers for activities and programs which enhance the economic viability of local agriculture, and support the development of a locally based, safe and sustainable food system; (4) Provide individual farm grants to small or beginning Rhode Island farmers that support the entry or sustainability within the respective industry; (5) Work with the state department of health to further develop and support food safety related programs and standards pertaining to local agriculture and seafood; and (6) Perform other activities necessary to facilitate the success and viability of the state’s agricultural and seafood sectors.

History of Section. P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.

2-25-6. Local agriculture and seafood small grants and technical assistance fund established and solicitation of funding.

1. For the purpose of paying the costs to the department of environmental management of administering the local agriculture and seafood small grants and technical assistance program and for the purpose of carrying out the purposes of the program as stated in subdivisions 2-25-5(3) and 2-25-5(4) a restricted receipt account is hereby created and known as the “local agriculture and seafood small grants and technical assistance fund.”
2. The program shall be empowered to apply for and receive from any federal, state, or local agency, private foundation, or individual, any grants, appropriations, or gifts in order to carry out the purposes of the program established in § 2-25-5 .

History of Section. P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.

2-25-7. Use of funds.

1. A non-profit entity or small or beginning farmer may apply to the department of environmental management for a grant to be used to fulfill the purposes of the program as stated in subdivisions 2-25-5(3) and 2-25-5(4). Any grant disbursed under this program shall not exceed twenty thousand dollars ($20,000) per year. Applications for grants authorized under this section shall:
   1. Provide a brief summary of the nonprofit entity or small or beginning farmer’s mission, goals, history, programs, and major accomplishments, success stories and qualifications;
   2. Briefly describe the proposed project or program, the capacity to carry out the program and who will benefit from the program;
   3. Describe the expected outcomes and the indicators of those outcomes;
   4. Outline the timeline to be used in the implementation of the program or project; and
   5. Provide a program or project budget.
2. The funds shall also be used by the department to provide administrative and technical support of the program, and to leverage program funds with other potential federal, state or nonprofit funding sources, and shall serve to develop, implement and enforce when appropriate food safety related standards and programs related to local agriculture and seafood in coordination with the Rhode Island department of health and appropriate federal agencies.

History of Section. P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.

2-25-8. Accountability and oversight.

1. On an annual basis, the department shall prepare a report that details the performance of the local agriculture and seafood small grants and technical assistance program, and the disbursements made during the prior year from the local agriculture and seafood small grants and technical assistance fund and other sources, and how the department plans to allocate and use funds provided through the local agriculture and seafood small grants and technical assistance fund during the next year. The report shall include any additional, relevant information relating to the administration of the program, and the status of any state-based agricultural assessments and local food production assessments.
2. The department shall annually schedule and conduct one or more public meetings to solicit input from the general public on whether the program is meeting its intended purposes, and to solicit recommendations for modifying the program.
3. The department shall annually submit the report, including an addendum summarizing the feedback provided at the public meeting(s) referenced in § 2-25-9 , to the general assembly.

History of Section. P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.

2-25-9. Powers and duties.

The department of environmental management may adopt any rules necessary for the administration of this section.

History of Section. P.L. 2012, ch. 37, § 1; P.L. 2012, ch. 38, § 1.

2-26-1. Short title.

This chapter shall be known and may be cited as the “Industrial Hemp Growth Act.”

History of Section. P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1; P.L. 2019, ch. 88, art. 15, § 1.

2-26-2. Legislative findings.

The general assembly finds and declares as follows:

1. The cannabis sativa plant used for the production of hemp is separate and distinct from forms of cannabis used to produce marijuana.
2. Hemp is used for products such as building materials, cloth, cordage, fiber, food, floor coverings, fuel, industrial chemicals, paint, paper, particle board, plastics, seed meal, seed oil, and yarn.
3. Industrial hemp production has remained legal throughout most of the world and hemp has the capacity to grow in a multitude of different climates, altitudes, soils, and weather conditions.
4. Currently, it is legal to import industrial hemp into the United States.
5. Although federal law currently prohibits the cultivation of hemp, the laws of California, Colorado, Indiana, Kentucky, Maine, Montana, North Dakota, Oregon, South Carolina, Tennessee, Vermont, Virginia and West Virginia permit commercial hemp programs.
6. Currently, the United States is the largest importer of hemp products, the largest portion of which is imported from China.
7. States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this chapter does not put the state of Rhode Island in violation of federal law.

History of Section. P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1.

2-26-3. Definitions.

When used in this chapter, the following terms shall have the following meanings:

1. “Applicant” means any person, firm, corporation, or other legal entity who or that, on his, her, or its own behalf, or on behalf of another, has applied for permission to engage in any act or activity that is regulated under the provisions of this chapter.
2. “Cannabis” means all parts of the plant of the genus marijuana, also known as marijuana sativa L. whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin regardless of cannabinoid content or cannabinoid potency including “marijuana” and “industrial hemp” or “industrial hemp products” which satisfy the requirements of this chapter.
3. “Cannabidiol” or “CBD” means cannabidiol (CBD) derived from a hemp plant as defined in § 2-26-3 , not including products derived from exempt cannabis plant material as defined in 21 C.F.R. § 1308.35.
4. “Department” means the office of cannabis regulation within the department of business regulation.
5. “Division” means the division of agriculture in the department of environmental management.
6. “Grower” means a person or entity who or that produces hemp for commercial purposes.
7. “Handler” means a person or entity who or that produces or processes hemp or agricultural hemp seed into commodities or who manufactures hemp products.
8. “Hemp” or “industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths percent (0.3%) on a dry weight or per volume basis regardless of moisture content, and which satisfies the requirements of this chapter.
9. “Hemp-derived consumable CBD product” means any product meant for ingestion, including, but not limited to, concentrates, extracts, and cannabis-infused foods and products, which contains cannabidiol derived from a hemp plant as defined in this section, which shall only be sold to persons age twenty-one (21) or older, and which shall not include products derived from exempt cannabis plant material as defined in 21 C.F.R. § 1308.35.
10. “Hemp products” or “industrial hemp products” means all products made from the plants, including, but not limited to, concentrated oil, cloth, cordage, fiber, food, fuel, hemp-derived consumable CBD products, paint, paper, construction materials, plastics, seed, seed meal, seed oil, and seed certified for cultivation, which satisfy the requirements of this chapter.
11. “Licensed CBD distributor” means a person licensed to distribute hemp-derived consumable CBD products pursuant to this chapter.
12. “Licensed CBD retailer” means a person licensed to sell hemp-derived consumable CBD products pursuant to this chapter.
13. “THC” means tetrahydrocannabinol, the principal psychoactive constituent of cannabis.
14. “THCA” means tetrahydrocannabinol acid.

History of Section. P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1; P.L. 2019, ch. 88, art. 15, § 1.

2-26-4. Hemp an agricultural product.

Hemp is an agricultural product that may be grown as a crop, produced, possessed, distributed, sold at retail, and commercially traded pursuant to the provisions of this chapter. Hemp is subject to primary regulation by the department. The division may assist the department in the regulation of hemp growth and production.

History of Section. P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1; P.L. 2019, ch. 88, art. 15, § 1.

2-26-5. Authority over licensing and sales.

1. The department shall prescribe rules and regulations for the licensing and regulation of hemp growers, handlers, licensed CBD distributors, and licensed CBD retailers and persons employed by the applicant not inconsistent with law, to carry into effect the provision of this chapter and shall be responsible for the enforcement of the licensing.
2. All growers, handlers, licensed CBD distributors, and licensed CBD retailers must have a hemp license issued by the department. All production, distribution, and retail sale of hemp-derived consumable CBD products must be consistent with any applicable state or local food processing and safety regulations, and the applicant shall be responsible to ensure its compliance with the regulations and any applicable food safety licensing requirements, including, but not limited to, those promulgated by the department of health.
3. The application for a hemp license shall include, but not be limited to, the following:
   1. 1. The name and address of the applicant who will supervise, manage, or direct the growing and handling of hemp and the names and addresses of any person or entity partnering or providing consulting services regarding the growing or handling of hemp; and
      2. The name and address of the applicant who will supervise, manage, or direct the distribution or sale of hemp-derived consumable CBD products, and names and addresses of any person or entity partnering or providing consulting services regarding the distribution or sale of hemp-derived CBD products.
   2. A certificate of analysis that the seeds or plants obtained for cultivation are of a type and variety that do not exceed the maximum concentration of delta-9 THC, as set forth in § 2-26-3 ; any seeds that are obtained from a federal agency are presumed not to exceed the maximum concentration and do not require a certificate of analysis.
   3. 1. The location of the facility, including the Global Positioning System location, and other field reference information as may be required by the department with a tracking program and security layout to ensure that all hemp grown is tracked and monitored from seed to distribution outlets; and
      2. The location of the facility and other information as may be required by the department as to where the distribution or sale of hemp-derived consumable CBD products will occur.
   4. An explanation of the seed-to-sale tracking, cultivation method, extraction method, and certificate of analysis or certificate of analysis for the standard hemp seeds or hemp product if required by the department.
   5. Verification, prior to planting any seed, that the plant to be grown is of a type and variety of hemp that will produce a delta-9 THC concentration of no more than three-tenths of one percent (0.3%) on a dry-weight basis.
   6. Documentation that the licensee and/or its agents have entered into a purchase agreement with a hemp handler, processor, distributor, or retailer.
   7. All applicants:
      1. Shall apply to the state police, attorney general, or local law enforcement for a National Criminal Identification records check that shall include fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery of a disqualifying conviction defined in subsections (c)(7)(iv) and (c)(7)(v), and in accordance with the rules promulgated by the department, the state police shall inform the applicant, in writing, of the nature of the conviction, and the state police shall notify the department, in writing, without disclosing the nature of the conviction, that a conviction has been found;
      2. In those situations in which no conviction has been found, the state police shall inform the applicant and the department, in writing, of this fact;
      3. All applicants shall be responsible for any expense associated with the criminal background check with fingerprints.
      4. Any applicant who has been convicted of any felony offense under chapter 28 of title 21, or any person who has been convicted of murder; manslaughter; first-degree sexual assault; second-degree sexual assault; first-degree child molestation; second-degree child molestation; kidnapping; first-degree arson; second-degree arson; mayhem; robbery; burglary; breaking and entering; assault with a dangerous weapon; or any assault and battery punishable as a felony or assault with intent to commit any offense punishable as a felony, shall be disqualified from holding any license or permit under this chapter. The department shall notify any applicant, in writing, of a denial of a license pursuant to this subsection.
      5. For purposes of this section, “conviction” means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty, or plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a jail sentence or a suspended jail sentence, or those instances wherein the defendant has entered into a deferred sentence agreement with the Rhode Island attorney general and the period of deferment has not been completed.
   8. Any other information as set forth in rules and regulations as required by the department.
4. [Deleted by P.L. 2019, ch. 88, art. 15, § 1.]
5. The department shall issue a hemp license to the grower or handler applicant if he, she, or it meets the requirements of this chapter, upon the applicant paying a licensure fee of two thousand five hundred dollars ($2,500). The license shall be renewed every two (2) years upon payment of a two thousand five hundred dollar ($2,500) renewal fee. Any licensee convicted of any disqualifying offense described in subsection (c)(7)(iv) shall have his, her, or its license revoked. All license fees shall be directed to the department to help defray the cost of enforcement. The department shall collect a nonrefundable application fee of two hundred fifty dollars ($250) for each application to obtain a license.
6. Any grower or handler license applicant or license holder may also apply for and be issued one (1) CBD distributor and/or one (1) CBD retailer license at no additional cost, provided their grower or handler license is issued or renewed. CBD distributor and CBD retailer licenses shall be renewed each year at no additional fee provided the applicant also holds or renews a grower and/or handler license.
7. For applicants who do not hold, renew, or receive a grower or handler license, CBD distributor and CBD retailer licenses shall have a licensure fee of five hundred dollars ($500). The licenses shall be renewed each year upon approval by the department and payment of a five hundred dollar ($500) renewal fee.

History of Section. P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1; P.L. 2019, ch. 88, art. 15, § 1.

2-26-6. Rulemaking authority.

1. The department shall adopt rules to provide for the implementation of this chapter, which shall include rules to require hemp to be tested during growth for THC levels and to require inspection of hemp during sowing, growing season, harvest, storage, and processing. Included in these rules should be a system requiring the licensee to submit crop samples to an approved testing facility, as determined by the department for testing and verification of compliance with the limits on delta-9 THC concentration.
2. The department shall prescribe rules and regulations for all operational requirements for licensed growers, handlers, CBD distributors, and retailers, and to ensure consistency in manufactured products and appropriate packaging, labeling, and placement with respect to retail sales not inconsistent with law, to carry in effect the provisions of this chapter.
3. The department shall not adopt, under this or any other section, a rule that would prohibit a person or entity to grow, distribute, or sell hemp based solely on the legal status of hemp under federal law.
4. The department may adopt rules and regulations based on federal law provided those rules and regulations are designed to comply with federal guidance and mitigate federal enforcement against the licenses issued under this chapter.
5. [Deleted by P.L. 2020, ch. 1, § 2 and P.L. 2020, ch. 2, § 2.]

History of Section. P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1; P.L. 2019, ch. 88, art. 15, § 1; P.L. 2020, ch. 1, § 2; P.L. 2020, ch. 2, § 2.

2-26-7. Licensure.

1. Except as provided in this section, beginning sixty (60) days after the effective date of this chapter, the department shall accept the application for licensure to cultivate hemp submitted by the applicant.
2. A person or entity, licensed by the department pursuant to this chapter, shall allow hemp crops, throughout sowing, year-long growing seasons, harvest storage, and processing, manufacturing, and retail facilities to be inspected and tested by and at the discretion of the department and as required pursuant to any applicable state or local food processing and safety regulations, including, but not limited to those, promulgated by the Rhode Island department of health.

History of Section. P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1; P.L. 2019, ch. 88, art. 15, § 1.

2-26-8. Methods of extraction.

1. The department shall adopt rules regarding permissible methods of extraction.
2. No butane method of extraction shall be permitted by the department.

History of Section. P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1.

2-26-9. Research and educational growth by institutions of higher education.

1. The department is authorized to certify any higher educational institution in Rhode Island to grow or handle, or assist in growing or handling, industrial hemp for the purpose of agricultural or academic research where such higher educational institution submits the following to the department:
   1. The location where the higher educational institution intends to grow or cultivate the industrial hemp;
   2. The higher educational institution’s research plan; and
   3. The name of the employee of the higher educational institution who will supervise the hemp growth, cultivation, and research.
2. Growth for purposes of agricultural and educational research by a higher educational institution shall not be subject to the licensing requirements set forth in § 2-26-5 .
3. The applicant is encouraged to partner with an institution of higher learning within the state of Rhode Island to develop best practices for growing and handling hemp.
4. The department shall maintain a list of each higher education institution certified to grow or cultivate industrial hemp under this chapter.

History of Section. P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1.

2-26-10. Enforcement of violations of chapter.

1. Notwithstanding any other provision of this chapter, if the director of the department, or his or her designee, has cause to believe that a violation of any provision of this chapter or any regulations promulgated hereunder has occurred by a licensee who or that is under the department’s jurisdiction pursuant to this chapter, or that any person or entity is conducting any activities requiring licensure by the department under this chapter or the regulations promulgated hereunder without such licensure, the director, or his or her designee, may, in accordance with the requirements of the administrative procedures act, chapter 35 of title 42:
   1. Revoke or suspend a license;
   2. Levy an administrative penalty in an amount established pursuant to regulations promulgated by the department;
   3. Order the violator to cease and desist such actions;
   4. Require a licensee or person or entity conducting any activities requiring licensure under this chapter to take such actions as are necessary to comply with this chapter and the regulations promulgated thereunder; or
   5. Any combination of the above penalties.
2. If the director of the department finds that public health, safety, or welfare requires emergency action, and incorporates a finding to that effect in his or her order, summary suspension of license and/or cease and desist may be ordered pending proceedings for revocation or other action.

History of Section. P.L. 2019, ch. 88, art. 15, § 2.

2-27-1. Statement of legislative purpose.

1. The general assembly recognizes that forest land in the state has many important values, including, but not limited to: clean air, clean water, economic importance, climate change mitigation, habitat, and supporting human health and well-being. Forest land should be maintained to meet Rhode Island’s aggressive climate change goals through carbon sequestration and storage. Core forest land and connecting natural areas should be conserved to prevent ongoing fragmentation of the state’s forests. Moreover, forest conservation is necessary to protect and maintain water quality and important wildlife habitat. It is in the best interest of the people that the state identify and acquire the development rights to core and unfragmented forests so as to maintain these important forest values for future generations. Moreover, the state must develop incentives to encourage private forest land owners to maintain forests and to enhance urban and community forestry ecosystems that provide collective benefits to people and wildlife, including filtering air and water, controlling storm water, conserving energy, and a myriad of additional critical benefits.
2. The general assembly finds that forest land is being converted to other uses because its current development value far exceeds its economic value to individual private landowners as forest; that forest land is an important part of the state’s economy, environment, and quality of life; and that forests provide important economic opportunities for many people living in the rural portions of the state. Whereas most of the development value of forests accrue to the private landowner, many of the economic benefits of retaining forests are also public benefits, some of which are not often quantified. All of this serves to undervalue forests without proper mechanisms and tools to account for public services and cost savings provided by private forests.
3. Therefore, the general assembly establishes a forest conservation commission to be coordinated and staffed by the department of environmental management to implement the following objectives:
   1. Assess and recommend new funding sources to conserve forest land across the forest continuum of rural to urban landscapes;
   2. Identify incentives to encourage forest landowners to maintain and manage their land and preserve forest values;
   3. Encourage forest conservation as a means to sequester carbon and mitigate climate change and maintain the numerous other benefits provided by forests;
   4. Help to increase and create new markets for Rhode Island forest products to store carbon long-term and create new jobs;
   5. Assess impediments to the expansion of the Rhode Island forest products industry and recommend changes to remove impediments;
   6. Assess means to encourage the improvement and expansion of urban and community forestry; and
   7. Coordinate and seek input from key stakeholders to identify other science-based initiatives to promote the conservation of Rhode Island forestland.

History of Section. P.L. 2021, ch. 200, § 1, effective July 7, 2021; P.L. 2021, ch. 201, § 1, effective July 7, 2021.

2-27-2. Definitions.

As used in this chapter;

1. “Department” means the department of environmental management.
2. “Director” means the director of the department of environmental management, unless otherwise specified.
3. “Forest-based business” means the inclusion of all the activities that go into harvesting forest products and turning them into usable products. These businesses include foresters, loggers, and truckers who manage, harvest, and transport raw materials and the companies that turn these raw materials into usable products for purchase in a variety of markets.
4. “Forest conservation commission” or “commission” means the commission established pursuant to § 2-27-3 .
5. “Forest fragmentation” means the breaking of large, contiguous, forested areas into smaller pieces of forest; typically, these pieces are separated by roads, utility corridors, subdivisions, or other human development.
6. “Forest land” means any tract or contiguous tracts of land, ten (10) acres or larger bearing a dense growth of trees, including any underbrush, and having either the quality of self-perpetuation, or being dependent upon its development by the planting and replanting of trees in stands of closely growing timber.
7. “Forest management” means the focus on managing vegetation, restoring ecosystems and habitat, reducing hazards, and maintaining forest health for a desired outcome.
8. “Fund” means the forest land conservation fund established pursuant to § 2-27-6 .

History of Section. P.L. 2021, ch. 200, § 1, effective July 7, 2021; P.L. 2021, ch. 201, § 1, effective July 7, 2021.

2-27-3. Forest conservation commission.

1. 1. There is established the forest conservation commission consisting of the directors of the department of environmental management and the department of administration, or their respective designees; and nine (9) public members to be appointed by the director of the department of environmental management. The public appointees shall include at least one member with knowledge or experience in forestry; one member with knowledge or experience with urban and community forestry; one member familiar with land use and community planning issues; one member active in land preservation; one member representing forest landowners; one member representing an environmental organization; one member with knowledge of forest habitat; and one member representing a forest products business. No person shall be eligible for appointment pursuant to this section unless he or she is a resident of this state.
   2. The members shall serve for terms of five (5) years each; provided, however, that of the members first appointed, one shall serve for one year, one shall serve for two (2) years, one shall serve for three (3) years, one shall serve for four (4) years, and the remaining members shall serve for five (5) years, from January first next succeeding their appointment, as the director shall designate.
   3. Any vacancy occurring otherwise than by expiration of term shall be filled in the same manner as the original appointment.
   4. Upon expiration of a member’s term, that member shall continue as a member until that member’s successor is appointed and qualified. Any person serving a term shall be eligible for appointment.
2. No member, including ex officio members, shall receive compensation for the performance of his or her duties as a member; provided, however, that each appointed member may be reimbursed if funds are appropriated for his or her actual and necessary expenses incurred during the performance of his or her official duties.
3. 1. The commission shall designate annually from its members a chairperson and a vice chairperson.
   2. Whenever public hearings are required under this chapter, or whenever the commission determines a public hearing is appropriate, the commission shall use reasonable efforts to hold those hearings at a place or places that will reasonably accommodate the interested parties.
   3. Seven (7) voting members of the commission shall constitute a quorum for the transaction of any business or the exercise of any power of the commission. Except as otherwise provided in this chapter, the commission shall have the power to act by a majority of the members present at any meeting at which a quorum is in attendance.
4. The director may remove any member for cause or misconduct in office after giving him or her a copy of the charges against him or her and an opportunity to be heard, in person or by counsel, in his or her defense, upon not less than ten (10) days’ notice. If any member shall be removed, the director shall file in the office of the secretary of state a complete statement of charges made against the member and his or her findings, together with a complete record of the proceedings.
5. The director shall have the authority to establish subcommittees to fulfill the purposes of the commission. The subcommittee members shall be advisory to the commission and shall be comprised of key stakeholders representative of the issue(s) to be addressed.

History of Section. P.L. 2021, ch. 200, § 1, effective July 7, 2021; P.L. 2021, ch. 201, § 1, effective July 7, 2021.

2-27-4. Powers of commission.

The commission has the power to:

1. Retain by contract or employ counsel, auditors, engineers, appraisers, private consultants and advisors, or other personnel needed to provide necessary services;
2. Request the assistance of staff from the department or other state agencies on an as-needed basis;
3. Accept gifts, grants, or loans of funds, or services from any source, public or private, and comply, subject to the provisions of this chapter, with the terms and conditions thereof;
4. Accept from a federal agency loans or grants for use in carrying out its purposes and enter into agreement with an agency respecting those loans or grants; and
5. Otherwise do all things necessary for the performance of its duties, the fulfillment of its obligations, and the conduct of its business.

History of Section. P.L. 2021, ch. 200, § 1, effective July 7, 2021; P.L. 2021, ch. 201, § 1, effective July 7, 2021.

2-27-5. Duties of the commission.

The commission shall:

1. Develop the criteria necessary for defining the most important forest land under this chapter;
2. Make a reasonably accurate inventory of all land in the state that meets the definition of forest land;
3. Inform the public, public officials, and other citizens and interested persons of the provisions of this chapter; and
4. Make recommendations to the director of the department of environmental management regarding disbursements from the forest land conservation fund.

History of Section. P.L. 2021, ch. 200, § 1, effective July 7, 2021; P.L. 2021, ch. 201, § 1, effective July 7, 2021.

2-27-6. Forest land conservation fund.

1. There is hereby established a forest land conservation fund.
2. The fund may be utilized for purposes consistent with this chapter.
3. The fund shall consist of the following sources:
   1. Sums the legislature may appropriate;
   2. Monies received from federal, state, or other sources, including bond funds;
   3. Monies received from any other sources including from any private donor for the fund;
   4. Any interest earned on the monies in the fund.

History of Section. P.L. 2021, ch. 200, § 1, effective July 7, 2021; P.L. 2021, ch. 201, § 1, effective July 7, 2021.

2-27-7. Severability.

If any provisions of this chapter or of any rule, regulation, or order made under this chapter, or the application of this chapter to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application of that provision to other persons or circumstances shall not be affected. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of this chapter, and it is declared to be the legislative intent that this chapter would have been enacted if those invalid parts had not been included in this chapter.

History of Section. P.L. 2021, ch. 200, § 1, effective July 7, 2021; P.L. 2021, ch. 201, § 1, effective July 7, 2021.