(a)  No arboriculture operation or mulching operation, as defined in this chapter may be found to be a public or private nuisance, due to alleged objectionable:

(1)  Noise from equipment used in normal, generally accepted arboriculture or mulching operations;

(2)  Dust created from normal, generally accepted arboriculture or mulching operations;

(3)  Use of pesticides, rodenticides, insecticides, herbicides, or fungicides.

This provision pertains only to nuisance actions under chapter 1 of Title 10.

Terms Used In Rhode Island General Laws 2-19-4.2

  • Arboriculture: means the business or practice of pruning, trimming, spraying or repairing fruit, shade and ornamental trees, and includes any lines of work that are commonly included under the terms tree surgery, tree dentistry, tree spraying, tree pruning, and the work of foresters and entomologists as applied to the care of fruit, shade, forest and ornamental trees and shrubs. See Rhode Island General Laws 2-19-4.1
  • Arboriculture operations: means any commercial enterprise operating on at least five (5) contiguous acres or larger, which is owned or operated by a licensed arborist pursuant to this chapter, and has as its primary purpose arboriculture. See Rhode Island General Laws 2-19-4.1
  • Mulching operation: means any commercial enterprise operating on at least five (5) contiguous acres or larger, which is owned or operated by a licensed arborist pursuant to this chapter, and has as its primary purpose the production or storage of mulch. See Rhode Island General Laws 2-19-4.1

(b)  No rule or regulation of the department of transportation shall be enforced against any arboriculture operation or mulching operation to prevent it from placing a seasonal directional sign or display on the state’s right-of-way, on the condition that said sign or display conforms with the local zoning ordinance, and that sign or display is promptly removed by the arboriculture operation or mulching operation upon the conclusion of the season for which said sign or display was placed.

(c)  The provisions of this section do not apply to arboriculture operations or mulching operations that operate in a malicious or negligent manner, or that conduct operations in violation of federal or state law.

History of Section.
P.L. 2013, ch. 451, § 2; P.L. 2013, ch. 482, § 2.