Rhode Island § 42-122-5 - Natural Areas Protection Act of 1993

§ 42-122-5. Procedure for designation of non-state owned land as a natural area preserve.

(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.

(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 resources management council (CRMC), the director shall coordinate with the CRMC areas to be proposed for inclusion within the program.