Chapter
068
2006 -- S 2499 SUBSTITUTE A AS AMENDED
Enacted 06/14/06
A N A
C T
RELATING TO
AGRICULTURE AND FORESTRY
Introduced By: Senators
Sosnowski, Felag, Breene, Blais, and Lenihan
Date Introduced: February
09, 2006
It is enacted
by the General Assembly as follows:
SECTION
1. Title 2 of the General Laws entitled "Agriculture and Forestry" is
hereby
amended
by adding thereto the following chapter:
CHAPTER 23.2
PRESERVATION OF AGRICULTURAL USE
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.
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 section 42-82-2.
(2)
"Agricultural operation" means any activity defined as an
agricultural operation in
section
2-23-4.
(3)
"Development right" means a development right conforming to the
definition of a
development
right as set forth in section 42-82-2.
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.
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.
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.
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.
SECTION
2. This act shall take effect upon passage.
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LC01391/SUB A
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