§ 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 co
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§ 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.