2022 -- S 2843 | |
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LC005679 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO AGRICULTURE AND FORESTRY -- OLD GROWTH FOREST | |
PRESERVATION ACT | |
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Introduced By: Senators McCaffrey, Anderson, Mack, Calkin, and DiMario | |
Date Introduced: April 05, 2022 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY" |
2 | is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 28 |
4 | OLD GROWTH FOREST PRESERVATION ACT |
5 | 2-28-1. Definitions. |
6 | (1) "American beech forest" means any forest that is over one acre in size where the |
7 | dominant tree species is American beech. |
8 | (2) "American hophornbeam forest" means any forest that is over one acre in size where |
9 | the dominant understory tree species is American hophornbeam. |
10 | (3) "American hornbeam forest" means any forest that is over one acre in size where the |
11 | dominant understory tree species is American hornbeam. |
12 | (4) "Atlantic white cedar forest" means any forest that is over one acre in size where the |
13 | dominant tree species is Atlantic white cedar. |
14 | (5) "Black tupelo forest" means any forest that is over one acre in size where the dominant |
15 | tree species is black tupelo. |
16 | (6) "Old growth forests" means any forest that is over one acre in size where the oldest |
17 | trees in that forest have attained the age of one hundred (100) years old. |
18 | (7) "Sugar maple forest" means any forest that is over one acre in size where the dominant |
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1 | tree species is sugar maple. |
2 | (8) "Yellow birch forest" means any forest that is over one acre in size where the dominant |
3 | tree species is yellow birch. |
4 | 2-28-2. Prohibitions. |
5 | (a) Cutting, timber harvesting, or altering of old growth forests, American beech forests, |
6 | yellow birch forests, sugar maple forests, Atlantic white cedar forests, black tupelo forests, |
7 | American hornbeam forests, or American hophornbeam forests on state land or any land owned by |
8 | the cities and towns of Rhode Island is strictly prohibited, except as provided in subsection (c) of |
9 | this section. |
10 | (b) Funding of cutting, timber harvesting, or altering of old growth forests, American beech |
11 | forests, yellow birch forests, sugar maple forests, Atlantic white cedar forests, black tupelo forests, |
12 | American hornbeam forests, or American hophornbeam forests by the state or the cities and towns |
13 | of Rhode Island on private land is strictly prohibited, except as provided in subsection (c) of this |
14 | section. |
15 | (c) The prohibition provided in subsections (a) and (b) of this section shall not apply to the |
16 | cutting or removal of any tree, or a portion thereof, which an arborist licensed pursuant to the |
17 | provisions of § 2-19-2 certifies is diseased or damaged or dead and constitutes a danger or hazard |
18 | to public safety or to the health of other trees. |
19 | 2-28-3. Requirements. |
20 | (a) All state and municipal owned forests known or suspected to be old growth forests prior |
21 | to scheduled cutting or timber harvesting or some other form of alteration shall undergo tree coring, |
22 | tree species identification, and soil sampling before any forestry operation takes place to prevent |
23 | accidental cutting of any old growth forests. |
24 | (b) Whenever any land is acquired by the state or any of its cities and towns, a survey shall |
25 | be conducted to identify the presence of any old growth forests. The survey shall include tree |
26 | coring, tree species identification, and soil sampling. No foresting operation shall be conducted |
27 | until completion of the survey pursuant to the provision of this section, except for cutting or |
28 | removal authorized pursuant to § 2-28-2(c). |
29 | (c) The department of environmental management shall designate at least forty percent |
30 | (40%) of its forest properties to be future old growth forests. These future old growth forests shall |
31 | not be logged, timber harvested, or altered in any way, except as provided in § 2-28-2(c). Future |
32 | old growth forest may consist of, but not be limited to, American beech forests, yellow birch forests, |
33 | sugar maple forests, Atlantic white cedar forests, black tupelo forests, American hornbeam forests, |
34 | and American hophombeam forests. Top candidates for future old growth forests shall be mature, |
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1 | native, continuous forests. |
2 | (d) Mapping of old growth forests shall be made a part of the regulatory application process |
3 | of all land development. The requirement of this section shall not be interpreted as a strict |
4 | prohibition against the cutting of any old growth forests for land development purposes. |
5 | (e) The department of environmental management shall be notified of any proposed |
6 | development of lands containing old growth forests at a minimum of thirty (30) days prior to the |
7 | cutting or destruction of any old growth forest for land development purposes. |
8 | (f) Every board, commission or agency reviewing a regulatory application that identifies |
9 | the cutting, removal or destruction of an old growth forest as part of a land development proposal, |
10 | shall consider the availability of reasonable alternative proposals that would preserve the old |
11 | growth forest as part of the review process. |
12 | 2-28-4. Preservation and protected funding. |
13 | (a) Protecting the remaining areas of old growth forests shall be a priority for the |
14 | department of environmental management and annual application to the general assembly for |
15 | appropriations shall be made to carry out the provisions of this chapter. |
16 | (b) Local cities and towns may make application to the general assembly for appropriations |
17 | to preserve or create old growth forests. |
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1 | SECTION 2. This act shall take effect upon passage. |
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LC005679 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO AGRICULTURE AND FORESTRY -- OLD GROWTH FOREST | |
PRESERVATION ACT | |
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1 | This act would create state and local requirements for the protection and preservation of |
2 | old growth forests located on public lands. It would also mandate the identification and mapping |
3 | of these forests, especially as part of the land development application process. |
4 | This act would take effect upon passage. |
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LC005679 | |
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