AN ACT RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIONS OF DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (Redefines what constitutes a farm by reducing the amount of revenue from farm products required to be sold from $10,000 to $2500. It also expands the farm to include all agricultural operations, including forestry.)

S2443

2026 -- S 2443
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LC004446
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIONS OF
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Introduced By:
Senators Rogers, Tikoian, Britto, DiPalma, de la Cruz, E Morgan, and
Paolino

Date Introduced:
February 06, 2026

Referred To:
Senate Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 2-1-20 and 2-1-22 of the General Laws in Chapter 2-1 entitled
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"Agricultural Functions of Department of Environmental Management" are hereby amended to
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read as follows:
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2-1-20. Definitions.
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As used in this chapter;
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(1) “Area subject to flooding” shall include, but not be limited to, low-lying areas that
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collect, hold, or meter out storm and flood waters from any of the following: rivers, streams,
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intermittent streams, or areas subject to storm flowage.
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(2) “Area subject to storm flowage” includes drainage swales and channels that lead into,
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out of, pass through, or connect other freshwater wetlands or coastal wetlands, and that carry flows
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resulting from storm events, but may remain relatively dry at other times.
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(3) “Bog” means a place where standing or slowly running water is near or at the surface
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during normal growing season and/or where a vegetational community has over fifty percent (50%)
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of the ground or water surface covered with sphagnum moss (Sphagnum) and/or where the
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vegetational community is made up of one or more of, but not limited to nor necessarily including
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all of, the following: blueberries, and cranberry (Vaccinium), leatherleaf (Chamaedaphne
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calyculata), pitcher plant (Sarracenia purpurea), sundews (Droseraceae), orchids (Orchidaceae),
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white cedar (Chamaecyparis thyoides), red maple (Acer rubrum), black spruce (Picae mariana),

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bog aster (Aster nemoralis), larch (Laris laricina), bogrosemary (Andromeda glaucophylla), azaleas
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(Rhododendron), laurels (Kalmia), sedges (Caryx), and bog cotton (Eriophorum).
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(4) “Buffer” means an area of undeveloped vegetated land adjacent to a freshwater wetland
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that is to be retained in its natural undisturbed condition, or is to be created to resemble a naturally
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occurring vegetated area.
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(5) “Department” means the department of environmental management (DEM).
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(6) “Director” means the director of the department of environmental management or his
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or her duly authorized agent or agents.
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(7) “Floodplain” means that land area adjacent to a river or stream or other body of flowing
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water which is, on the average, likely to be covered with flood waters resulting from a one-hundred
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(100) year frequency storm. A “one-hundred (100) year frequency storm” is one that is to be
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expected to be equaled or exceeded once in one hundred (100) years; or may be said to have a one
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percent (1%) probability of being equaled or exceeded in any given year.
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(8) “Freshwater wetlands” includes, but is not limited to, those areas that are inundated or
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saturated by surface or groundwater at a frequency and duration to support, and that under normal
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circumstances do support a prevalence of vegetation adapted for life in saturated soil conditions.
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Freshwater wetlands includes, but is not limited to: marshes, swamps, bogs, emergent, and
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submergent plant communities, and for the purposes of this chapter, rivers, streams, ponds, and
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vernal pools.
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(9) “Jurisdictional area” means the following lands and waters, as defined herein except as
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provided for in § 2-1-22(k), that shall be subject to regulation under this chapter:
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(i) Freshwater wetlands;
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(ii) Buffers;
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(iii) Floodplains;
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(iv) Areas subject to storm flowage;
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(v) Areas subject to flooding; and
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(vi) Contiguous areas that extend outward:
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(A) Two hundred feet (200′) from the edge of a river or stream;
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(B) Two hundred feet (200′) from the edge of a drinking water supply reservoir; and
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(C) One hundred feet (100′) from the edge of all other freshwater wetlands.
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(10) “Marsh” means a place wholly or partly within the state where a vegetational
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community exists in standing or running water during the growing season and/or is made up of one
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or more of, but not limited to nor necessarily including all of, the following plants or groups of
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plants: hydrophytic reeds (Phragmites), grasses (Cramineae), mannagrasses (Glyceria), cutgrasses

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(Leersia), pickerelwoods (Pontederiaceae), sedges (Cyperaceae), rushes (Juncaceae), cattails
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(Typha), water plantains (Alismataceae), bur-reeds (Sparganiazceae), pondweeds (Zosteraceae),
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frog’s bits (Hydrocharitaceae), arums (Araceae), duckweeds (Lemmaceae), water lilies
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(Nymphaeceae), water-milfoils (Haloragaceae), water-starworts (Callitrichaeceae), bladder-worts
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(Utricularia), pipeworts (Eriocaulon), sweet gale (Myrica gale), and buttonbush (Cephalanthus
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occidentalis).
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(11) “Near or at the surface” mean within eighteen (18) inches of the surface.
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(12) “Pond” means a place natural or man-made, wholly or partly within the state, where
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open-standing or slowly moving water is present for at least six (6) months a year.
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(13) “River” means a body of water designated as a perennial stream by the United States
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Department of Interior geologic survey on 7.5 minute series topographic maps and that is not a
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pond as defined in this section.
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(14) “Setback” means the minimum distance from the edge of a freshwater wetland at
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which an approved activity or alteration may take place.
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(15) “Stream” means any flowing body of water or watercourse that flows long enough
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each year to develop and maintain a channel and that may carry groundwater discharge or surface
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runoff.
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(16) “Swamp” means a place, wholly or partly within the state, where ground water is near
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or at the surface of the ground for a significant part of the growing season or runoff water from
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surface drainage collects frequently and/or where a vegetational community is made up of a
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significant portion of one or more of, but not limited to nor necessarily including all of, the
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following: red maple (Acer rubum), elm (Ulmus americana), black spruce (Picea mariana), white
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cedar (Chamaecyparis thyoides), ashes (Fraximus), poison sumac (Rhus vernix), larch (Larix
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laricina), spice bush (Lindera benzoin), alders (Alnus), skunk cabbage (Symplocarpus foetidus),
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hellebore (Veratrum viride), hemlock (Thuja canadensis), sphagnums (Sphagnum), azaleas
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(Rhododendron), black alder (Ilex verticillata), coast pepperbush (Clethra alnifolia), marsh
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marigold (Caltha palustris), blueberries (Vaccinium), buttonbush (Cephalanthus occidentalis),
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willow (Salicaceae), water willow (Decodon verticillatus), tupelo (Nyssa sylbatica), laurels
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(Kalmia), swamp white oak (Quercus biscolor), or species indicative of marsh.
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(17) “Vernal pool” means a depressional wetland basin that typically goes dry in most years
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and may contain inlets or outlets, typically of intermittent flow. Vernal pools range in both size and
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depth depending upon landscape position and parent materials. Vernal pools usually support one
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or more of the following obligate indicator species: wood frog (Lithobates sylvaticus), spotted
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salamander (Ambystoma maculatum), marbled salamander (Ambystoma opacum), and fairy

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shrimp (Eubranchipus spp.) and typically preclude sustainable populations of predatory fish.
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(18) “Agricultural land” means land on which agricultural operations are being conducted,
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or is suitable for agriculture operations, is under the control of a farmer, and has a USDA Farm
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Tract/Farm Number or the individual farming the land has filed a 1040F U.S. Internal Revenue
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Form with the Internal Revenue Service and has earned two thousand five hundred dollars ($2,500)
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gross income on farm products in the preceding year.
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(19) “Farm” means a parcel of land or other defined place, together with any attendant
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buildings, including dwellings, structures, machinery and equipment, tools and supplies, which is
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used for agriculture operations.
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(20) “Farmer” means a natural person who is either the owner of a farm or a principal
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operator of a farm and who engages in agricultural operations.
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(21) “Agricultural operations” includes any commercial enterprise that has as its primary
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purpose horticulture and production of field crops of all types, viticulture, viniculture, floriculture,
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forestry, stabling of horses, dairy farming, or aquaculture, or the raising of livestock, including for
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the production of fiber, furbearing animals, poultry, or bees, and all such other operations, uses,
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and activities as the director, in consultation with the chief of division of agriculture, may determine
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to be agriculture, or an agricultural activity, use or operation.
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2-1-22. Procedure for approval by director — Notice of change of ownership —
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Recordation of permit.
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(a) Application for approval of a project to the director of environmental management shall
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be made in a form to be prescribed by the director and provided by the director upon request. Prior
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to the application, a request may be made for preliminary determination as to whether this chapter
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applies. A preliminary determination shall be made by the director only after an on-site review of
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the project and the determination shall be made within thirty (30) days of the request. This chapter
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shall be determined to apply if a significant alteration appears to be contemplated and an application
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to alter a freshwater wetland, buffer, or floodplain will be required. Within fourteen (14) days after
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receipt of the completed application accompanied by plans and drawings of the proposed project,
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the plans and drawings to be prepared by the registered professional engineer to a scale of not less
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than one inch (1") to one hundred feet (100'), the director shall notify all landowners whose
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properties are within two hundred feet (200') of the proposed project and the director will also
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notify the city or town council, the conservation commission, the planning board, the zoning board,
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and any other individuals and agencies in any city or town within the borders of which the project
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lies that may have reason, in the opinion of the director, to be concerned with the proposal. The
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director may also establish a mailing list of all interested persons and agencies who or that may

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wish to be notified of all applications.
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(b) If the director receives any objection to the project within forty-five (45) days of the
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mailing of the notice of application from his or her office, the objection to be in writing and of a
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substantive nature, the director shall then schedule a public hearing in an appropriate place as
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convenient as reasonably possible to the site of the proposed project. The director shall inform by
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registered mail all objectors of the date, time, place, and subject of the hearing to be held. The
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director shall further publish notice of the time, place, date, and subject of the hearing in one local
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newspaper circulated in the area of the project and one statewide newspaper, the notices to appear
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once per week for at least two (2) consecutive weeks prior to the week during which the hearing is
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scheduled. The director shall establish a reasonable fee to cover the costs of the investigations,
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notifications and publications, and hearing and the applicant shall be liable for the fee.
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(c) If no public hearing is required, or following a public hearing, the director shall make
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his or her decision on the application and notify the applicant by registered mail and the applicant’s
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attorney and any other agent or representative of the applicant by mail of this decision within a
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period of six (6) weeks. If a public hearing was held, any persons who objected, in writing, during
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the forty-five (45) day period provided for objections shall be notified of the director’s decision by
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first-class mail.
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(d) In the event of a decision in favor of granting an application, the director shall issue a
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permit for the applicant to proceed with the project and shall require the applicant to pay a permit
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fee of one hundred dollars ($100). The permit may be issued upon any terms and conditions,
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including time for completion, that the director may require. Permits shall be valid for a period of
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one year from the date of issue and shall expire at the end of that time unless renewed. A permit
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may be renewed for up to three (3) additional one-year periods upon application by the original
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permit holder or a subsequent transferee of the property subject to permit, unless the original permit
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holder or transferee has failed to abide by the terms and conditions of the original permit or any
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prior renewal. The director may require new hearings if, in his or her judgment, the original intent
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of the permit is altered or extended by the renewal application or if the applicant has failed to abide
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by the terms of the original permit in any way. In addition, in the event a project authorized by a
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permit was not implemented by the permit holder or transferee because approval of the project by
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a federal agency, for which application had been timely made, had not been received or a federal
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agency had stopped the project from proceeding, prior to the expiration of the permit, the permit
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holder or transferee may apply for a renewal of the permit at any time prior to the tenth (10th)
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anniversary of the original issuance, and the application shall be deemed to be an insignificant
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alteration subject to expedited treatment. The request for renewal of a permit shall be made

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according to any procedures and form that the director may require.
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(e) The original permittee or subsequent transferee shall notify the director, in writing, of
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any change of ownership that occurs while an original or renewal permit is in effect by forwarding
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a certified copy of the deed of transfer of the property subject to the permit to the director.
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(f) A notice of permit and a notice of completion of work subject to permit shall be eligible
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for recordation under chapter 13 of title 34 and shall be recorded at the expense of the applicant in
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the land evidence records of the city or town where the property subject to permit is located and
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any subsequent transferee of the property shall be responsible for complying with the terms and
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conditions of the permit.
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(g) The director shall notify the person requesting a preliminary determination and the
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person’s attorney, agent, and other representative of his or her decision by letter, copies of which
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shall be sent by mail to the city or town clerk, the zoning board, the planning board, the building
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official, and the conservation commission in the city or town within which the project lies.
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(h) The director shall report to the general assembly on or before February 1 of each
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calendar year on his or her compliance with the time provisions contained in this chapter.
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(i) Normal farming activities shall be considered insignificant alterations and, as normal
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farming activities, shall be exempted from the provisions of this chapter in accordance with the
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following procedures:
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(1) Normal farming and ranching activities are those carried out
by farmers as defined in
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this title,

on agricultural land
including plowing, seeding, cultivating, land clearing for routine
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agriculture purposes, harvesting of agricultural products, pumping of existing farm ponds for
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agricultural purposes, upland soil and water conservation practices, and maintenance of existing
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farm drainage structures, existing farm ponds and existing farm roads are permissible at the
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discretion of farmers in accordance with best farm management practices which assure that the
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adverse effects to the flow and circulation patterns and chemical and biological characteristics of
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freshwater wetlands are minimized and that any adverse effects on the aquatic environment are
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minimized.
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(2) In the case of construction of new farm ponds, construction of new drainage structures,
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and construction of new farm roads, the division of agriculture shall be notified by the filing of a
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written application for the proposed construction by the property owner. The application shall
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include a description of the proposed construction and the date upon which construction is
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scheduled to begin, which date shall be no earlier than thirty (30) calendar days after the date of
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the filing of the application. The division of agriculture shall review such applications to determine
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that they are submitted for agricultural purposes and to ensure that adverse effects to the flow and

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circulation patterns and chemical and biological characteristics of freshwater wetlands are
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minimized and that any adverse effects on the aquatic environment are minimized and will not
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result in a significant alteration to the freshwater wetlands. Pursuant to this review, the division
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shall notify the applicant, in writing, whether the proposal is an insignificant alteration. This notice
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shall be issued not later than thirty (30) days after the date that the application was filed with the
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division. In the event notice is given by the division as required, the application shall be
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conclusively presumed to be an insignificant alteration. If no notice is given as required, or if an
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application is approved as an insignificant alteration, the applicant may cause construction to be
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done in accordance with the application, and neither the applicant, nor the applicant’s agents or
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employees who cause or perform the construction in accordance with the application, shall be liable
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for any criminal, civil, administrative or other fine, fee, or penalty, including restoration costs for
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violations alleged to arise from the construction.
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(3) The division of agriculture shall, in coordination with the agricultural council’s
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advisory committee, adopt regulations for subdivision (i)(2), and shall determine whether a
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proposed activity, other than an activity listed in subdivision (i)(1), constitutes a normal farming
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activity, or involves the best farm management practices. In making such a determination, the
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division of agriculture shall consider the proposed activity on a case-by-case basis, relative to the
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characteristics of the particular jurisdictional area in which the activity is proposed, and shall
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consider whether the activity incorporates best farm management practices and ensures that adverse
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effects to the flow and circulation patterns and chemical and biological characteristics of freshwater
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wetlands, buffers, and floodplains are minimized and that any adverse effects on the aquatic
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environment are minimized in each instance.
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(4) Except as otherwise provided for farm road construction, filling of freshwater wetlands
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conforms to the provisions of this chapter.
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(j)
For the purposes of this section, a “farmer” is an individual, partnership, or corporation
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who operates a farm and has filed a 1040F U.S. Internal Revenue Form with the Internal Revenue
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Service, has a state farm tax number, and has earned ten thousand dollars ($10,000) gross income
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on farm products in each of the preceding four (4) years.
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(k)
For the purposes of this section as applicable to normal farming and ranching activities
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specified in §§ 2-1-22(i)(1) and (i)(2) above, freshwater wetlands shall be defined as: freshwater
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wetlands, floodplains, areas subject to storm flowage, areas subject to flooding as defined in § 2-1-
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20 and the land area within two hundred feet (200′) of a flowing body of water having a width of
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ten feet (10′) or more during normal flow; the area of land within one hundred feet (100′) of a
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flowing body of water having a width of less than ten feet (10′) during normal flow; and the area

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of land within fifty feet (50′) of a bog, marsh of one acre or greater, swamp of three (3) acres or
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greater and pond not less than one quarter (¼) acre in extent. These areas shall also serve as the
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jurisdictional area.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIONS OF
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
***
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This act would redefine what constitutes a farm by reducing the amount of revenue from
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farm products required to be sold from ten thousand ($10,000) to two thousand five hundred dollars
3
($2500). The act would expand the farm to include all agricultural operations, including forestry.
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This act would take effect upon passage.
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