Chapter 406

2006 -- S 3171 AS AMENDED

Enacted 07/07/06

A N A C T

RELATING TO SUBDIVISION OF LAND -- FARMS

Introduced By: Senators P Fogarty, Sosnowski, Breene, Bates, and Blais

Date Introduced: June 15, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 45-23 of the General Laws entitled "Subdivision of Land" is hereby

amended by adding thereto the following section:

45-23-49.1. Farmland residential compounds. – (a) The general assembly finds and

declares that multiple dwelling units were historically common on farms because farming was a

multi-generational way of life and because farm workers needed to be close to the land they

worked; that this historical development pattern is centuries old, and that it is in the interest of the

state to provide for the continuation of this development pattern as a means of preserving and

enhancing agriculture and promoting sound development in rural areas of the state.

(b) Farmland residential compounds may be provided for by municipal ordinance as a

minor land development project, consistent with the special provisions of this subdivision, which

ordinances may treat farmland residential projects as a specific form of cluster development for

purposes of zoning.

(1) Such farmland residential compounds shall only be allowed on agricultural

operations, as defined in subsection 42-82-2(3), that have a net annual income of twenty thousand

dollars ($20,000) or more for the most recent three (3) consecutive years preceding the date of the

application for the farmland residential compound, which income is directly attributable to said

agricultural operations.

(2) Such farmland residential compounds shall be limited to one dwelling unit for the first

twenty (20) acres and one dwelling unit for each additional twenty (20) acres to a maximum of

five (5) dwelling units, which shall be allowable without subdivision of the farmland parcel into

separate lots and without meeting frontage requirements.

(3) Any road necessary to provide access to the dwelling units shall be constructed in

accordance with applicable standards for private roads and shall be owned and maintained by the

agricultural operation.

(4) Water supply and waste water treatment (ISDS) for the farmland residential

compound shall comply with standards for residential systems.

(c) The dwelling units of a farmland residential compound need not be located in a single

area on the farm and may be constructed in phases consistent with the limitations and provisions

set forth in subdivision (b) of this section.

(d) Approval of a farmland residential compound shall not affect eligibility to participate

in programs for farmland preservation or for taxation of farm, forest and open space land.

(e) For any agricultural operation, farmland residential compounds shall be permitted

only to the limits set forth in subdivision (b)(2) of this section; in the event that the agricultural

operation is subsequently divided into two (2) or more agricultural operations, no additional

farmland residential compound shall be permitted until ten (10) years after the date of the

approval of the application for the prior farmland residential compound, and all of the

requirements for a farmland residential compound shall apply to each farmland residential

compound; in the event that the agricultural operation ceases and the farmland is subdivided, a

parcel at least equal to the minimum residential lot size for the zone times the number of dwelling

units in the farmland residential compound plus the road in which the farmland residential

compound is located shall be dedicated to the farmland residential compound, which overall

parcel shall include the water supply and waste water treatment systems for the farmland

residential compound.

     SECTION 2. This act shall take effect upon passage

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LC03497/2

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