Rhode Island Code of Regulations Title 505 - Agricultural Lands Preservation Commission
Here’s a detailed overview of Rhode Island Code of Regulations (RICR) Title 505 – Agricultural Lands Preservation Commission:
🗂️ Title 505 Overview
Title 505 establishes the rules and procedures guiding the Agricultural Lands Preservation Commission (ALPC) as authorized under the Farmland Preservation Act (R.I. Gen. Laws Chapter 42‑82) (rules.sos.ri.gov). It is codified as 505‑RICR‑00‑00‑1, effective January 4, 2022, with earlier technical revisions dating back to 2007 (rules.sos.ri.gov).
🎯 Part 1 – Rules & Procedures
1.1 Purpose & Authority
Defines the ALPC’s role in purchasing development rights to farmland and the criteria used in selecting parcels, under the authority of the Farmland Preservation Act (rules.sos.ri.gov).
1.2–1.3 Construction & Severability
Rules are “liberally construed” to achieve statutory goals, with invalid provisions severable from the rest (rules.sos.ri.gov).
1.4 Definitions
Clarifies key terms (e.g., “Appraisal,” “Development rights,” “Relative Agricultural Value,” “Commission,” etc.) (rules.sos.ri.gov).
🗳️ Application & Evaluation Process
1.5 Application Procedures
Landowners or agents submit a standardized form; staff reviews and notifies acceptance or deficiency within 90 days (rules.sos.ri.gov).
1.6–1.7 Evaluation & Scoring
Commission uses a quantitative scoring system based on:
Parcel size (≥ 5 acres)
Soil quality (via USDA-based Relative Agricultural Value)
Agricultural viability
Water quality protection
Open-space/cultural/scenic value
Flood protection
Local/conservation support
(rules.sos.ri.gov, risos-apa-production-public.s3.amazonaws.com).
🤝 Negotiation & Acquisition
1.8 Negotiation Procedures
Commission maintains an annual list of scored farms, prioritizing based on development pressure, geographic diversity, cost, corridor creation, and funding partnerships.
Negotiations can be initiated by applicants or Commission staff, overseen by a negotiating committee of at least one Commissioner and a staff member.
Purchase terms are based on appraisals, approved by DEM staff; agreements and deeds require Commission majority approval and recording (rules.sos.ri.gov).
🔄 Follow-Up Requirements
1.9 Waiver of Retroactivity
The Commission may reimburse third parties purchasing development rights, provided funding is requested before title transfer (rules.sos.ri.gov).
1.10 Compliance Review
Properties are reviewed at least every 3 years (or more if required by funding agreements) to ensure covenant compliance; partners may conduct independent reviews (risos-apa-production-public.s3.amazonaws.com).
1.11 Agricultural Land Inventory
A statewide inventory of agricultural land must be compiled and updated at least every 5 years .
👥 Commission Composition & Meetings
Rhode Island law establishes the Commission with 9 members (including ex‑officio directors and seven citizens with agricultural, land-use, or preservation expertise) serving staggered 5-year terms; leadership roles are elected annually (webserver.rilegislature.gov).
Part 1 (§ 1.6) also details meeting frequency, notice requirements, quorum (5 members), open meetings, and attendance expectations (risos-apa-production-public.s3.amazonaws.com).
✅ Summary
Title 505 sets a clear and structured process for:
Applying to preserve farmland development rights.
Scoring applications using objective criteria.
Negotiating and acquiring development rights based on appraisal.
Ensuring ongoing compliance and inventory tracking.
Maintaining transparent governance through member selection, open meetings, and structured responsibilities.
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