(a)  The director may approve non-state owned land as a natural area preserve only upon the recommendation of the natural heritage preservation commission (established under § 42-17.5-4) and only after a public hearing and upon notice. The notice required under this section shall set forth a description of the proposed action, including a description of the land to be offered, and the time and place of the hearing. The notice shall conform to the requirements of § 42-35-1 et seq.

Terms Used In Rhode Island General Laws 42-122-5

  • Director: means the director of the department of environmental management of the state of Rhode Island. See Rhode Island General Laws 42-122-3
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Natural area preserve: means areas of most environmentally sensitive land and/or water containing habitat suitable for plant or animal life or geological features of biological, scientific, educational, geological, paleontological, or scenic value worthy of preservation in its natural condition which has been approved by the director. See Rhode Island General Laws 42-122-3
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b)  The natural heritage preservation commission shall review requests from municipalities, private land conservation organizations, and private landowners desiring designation of a parcel of land as a natural area preserve, and make recommendations to the director. Any request must include the written consent of the private landowner before any review shall commence. In making recommendations, it shall be guided by the natural heritage program and other relevant sources of information about critical environmental resources. The natural heritage preservation commission may also, on its own initiative, make recommendations for designation of areas to the director.

(c)  To be designated a natural area preserve the property owner must voluntarily grant to the state of Rhode Island a conservation easement, which shall include the reasons for the designation, and prepare a management plan for the preserve that defines the methods by which the educational, scientific, biological, geological, paleontological, and/or scenic purposes of the designation shall be carried out. The conservation easement shall be recorded in the land evidence records in the city or town where the parcel is located.

(d)  In areas under the jurisdiction of the coastal resource management council (CRMC), the director shall coordinate with the CRMC areas to be proposed for inclusion within the program.

History of Section.
P.L. 1993, ch. 246, § 1.