Rhode Island § 42-140.5-9 § 42-140.5-9. Permitting of renewable energy resources.

Rhode Island Statutes

§ 42-140.5-9 — § 42-140.5-9. Permitting of renewable energy resources.

Rhode Island § 42-140.5-9

Title 42State Affairs and Government

Ch. 42-140.5Renewable Ready Program

This text of Rhode Island § 42-140.5-9 (§ 42-140.5-9. Permitting of renewable energy resources.) is published on Counsel Stack Legal Research, covering Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

R.I. Gen. Laws § 42-140.5-9 (2026).

Text

§ 42-140.5-9. Permitting of renewable energy resources.
(a) A renewable energy resource, as defined in § 39-26-5, proposed to be located on a previously contaminated property shall be a by-right,
            permitted use under the zoning code for the municipality in which the renewable energy
            resource is proposed to be located. A renewable energy resource proposed to be located
            on a previously contaminated property shall be deemed consistent with the municipality's
            comprehensive plan pursuant to § 45-23-60 and shall be deemed to have no significant negative environmental impacts pursuant
            to § 45-23-60. The applicant shall bear the burden of establishing that the pr

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§ 42-140.5-9. Permitting of renewable energy resources.

(a) A renewable energy resource, as defined in § 39-26-5, proposed to be located on a previously contaminated property shall be a by-right, permitted use under the zoning code for the municipality in which the renewable energy resource is proposed to be located. A renewable energy resource proposed to be located on a previously contaminated property shall be deemed consistent with the municipality's comprehensive plan pursuant to § 45-23-60 and shall be deemed to have no significant negative environmental impacts pursuant to § 45-23-60. The applicant shall bear the burden of establishing that the proposed site is a previously contaminated property.

(b) A site shall be presumed to be a previously contaminated property if:

(1) Any agency of the state or federal government has designated the property as such;

(2) The applicant presents a phase I or phase II environmental site assessment evidencing the presence of one or more "hazardous substancesâ€� (as defined in 42 U.S.C. § 9601(14)) and/or "pollutant or contaminantâ€� (as defined in 42 U.S.C. § 9601(33)) on the property; or

(3) The property meets the definition of a "brownfield siteâ€� (as defined in 42 U.S.C. § 9601(39)(A)).

(c) Subject to the provisions of this section, the proposed renewable energy resource shall proceed through the municipality's planning and zoning procedures generally applicable to a by-right use and the proposed renewable energy resource shall comply with the ordinance requirements set forth in the municipality's industrial and/or manufacturing zone; provided, however, that the maximum structural lot coverage shall be seventy-five percent (75%).

(d) Nothing in this section alters the eligibility requirements for the renewable ready fund as provided in § 42-140.5-6.