Current through September 18, 2024
9.13.1
Definition of Farmer
A farmer, as defined in §
9.4(A) of
this Part, means an individual, partnership or corporation that operates a farm
and has filed a Form 1040F or comparable instrument with the U.S. Internal
Revenue Service, has a State of Rhode Island farm tax number, and has earned
ten thousand dollars ($10,000.00) gross income on farm products in each of the
preceding four (4) years.
9.13.2
Regulated Areas for Certain
Farming and Ranching Activities by Farmers
A. The regulated areas for farmers, as
defined herein, conducting normal farming and ranching activities or proposing
to construct new farm ponds, new farm roads or new drainage structures, as
specified in §§ 9.13.3 and 9.13.4 of this Part, below, shall include
the following areas:
1. Freshwater
wetlands;
2. Floodplains;
3. Areas subject to storm flowage;
4. Areas subject to flooding;
5. The land area within two hundred feet
(200') of a flowing body of water having a width of ten feet (10') or more
during normal flow;
6. The area of
land within one hundred feet (100') of a flowing body of water having a width
of less than ten feet (10') during normal flow;
7. The area of land within fifty feet (50')
of a bog, marsh of one (1) acre or greater, swamp of three (3) acres or
greater, and pond not less than one quarter (1/4) acre in
extent.
9.13.3
Normal Farming and Ranching Activities by Farmers
Within the areas specified in § 9.13.2 of this Part,
it is permissible for farmers, as defined herein, to conduct normal farming and
ranching activities in accordance with best farm management practices that
assure the adverse effects to the chemical, biological and hydrologic
characteristics of freshwater wetlands and the aquatic environment are
minimized. Normal farming and ranching activities by farmers include plowing,
seeding, cultivating, land clearing for routine agricultural purposes,
harvesting of agricultural products, pumping of existing farm ponds for
agricultural purposes, upland soil and water conservation practices, and
maintenance of existing farm drainage structures, existing farm ponds and
existing farm roads.
9.13.4
New Farm Ponds, New Farm Roads or New Drainage Structures Proposed by
Farmers
A. Within the areas specified
in § 9.13.2 of this Part, farmers, as defined herein, proposing to
construct new farm ponds, new farm roads or new drainage structures are
required to submit an application to the DEM's Division of
Agriculture.
B. The DEM shall
retain authority over farming-related projects and activities undertaken by
farmers, as defined in §
9.4(A) of
this Part, involving freshwater wetlands in the vicinity of the coast
consistent with R.I. Gen. Laws §§
2-1-22(i),
2-1-22(j) and
46-23-6(2)(iv).
C. Permits are not required for new farm
ponds, new drainage structures or new farm roads proposed by farmers and which
are to be located outside of freshwater wetlands and the areas specified in
§ 9.13.2 of this Part, provided that they do not result in the alteration
of freshwater wetlands, buffers, floodplains, areas subject to flooding or
areas subject to storm flowage.
9.13.5
Agricultural Practices by Other
Persons
A. Continuing or expansion of
limited agricultural practices
1. Continuing
agricultural practices in a jurisdictional area, including cutting or clearing
of invasive plant species, by any property owner other than a farmer are
permissible in accordance with § 9.6.1 of this Part provided that the
activities are restricted to existing or approved gardens, pastures, and fields
which have been in use on a regular basis. In regular use shall mean fields
that are tilled, planted, or produce crops at least once within a twenty-four
(24) month period; or pastures that are maintained to manage the growth of
woody vegetation.
2. Expansion of
existing gardens, pastures, and fields within a jurisdictional area is exempt
in accordance with § 9.6.1 of this Part provided that:
a. No freshwater wetlands are altered; and
b. All activity is located outside
of any designated buffer zone (see §
9.23 of this Part and does
not cause filling of any floodplains, areas subject to flooding or areas
subject to storm flowage.
3. New farm ponds, new drainage structures or
new farm roads proposed by persons not meeting the definition of a farmer in
§
9.4(A) of
this Part, and located within a jurisdictional area, are subject to these Rules
including the permitting provisions in §§
9.7 through
9.14 of this Part.
4. Persons not meeting the definition of
farmer in §
9.4(A) of
this Part proposing to establish new agricultural operations, including the
clearing of land for agriculture purposes, are subject to these Rules including
the permitting provisions in §§
9.7 through
9.14 of this
Part.
