§ 45-23-49.1. Farmland residential compounds.
(a) The general assembly finds and declares that multiple dwelling units were historically
common on farms because farming was a multi-generational way of life and because farm
workers needed to be close to the land they worked; that this historical development
pattern is centuries old, and that it is in the interest of the state to provide for
the continuation of this development pattern as a means of preserving and enhancing
agriculture and promoting sound development in rural areas of the state.
(b) Farmland residential compounds may be provided for by municipal ordinance as a minor
land development project, consistent with the special provisions of this subdivision,
which ordinances may treat farmland residential projects as a specific form of cluster
development for purposes of zoning.
(1) Such farmland residential compounds shall only be allowed on agricultural operations,
as defined in subsection 42-82-2(3), that have a net annual income of twenty thousand dollars ($20,000) or more for the
most recent three (3) consecutive years preceding the date of the application for
the farmland residential compound, which income is directly attributable to said agricultural
operations.
(2) Such farmland residential compounds shall be limited to one dwelling unit for the
first twenty (20) acres and one dwelling unit for each additional twenty (20) acres
to a maximum of five (5) dwelling units, which shall be allowable without subdivision
of the farmland parcel into separate lots and without meeting frontage requirements.
(3) Any road necessary to provide access to the dwelling units shall be constructed in
accordance with applicable standards for private roads and shall be owned and maintained
by the agricultural operation.
(4) Water supply and waste water treatment (ISDS) for the farmland residential compound
shall comply with standards for residential systems.
(c) The dwelling units of a farmland residential compound need not be located in a single
area on the farm and may be constructed in phases consistent with the limitations
and provisions set forth in subdivision (b) of this section.
(d) Approval of a farmland residential compound shall not affect eligibility to participate
in programs for farmland preservation or for taxation of farm, forest and open space
land.
(e) For any agricultural operation, farmland residential compounds shall be permitted
only to the limits set forth in subdivision (b)(2) of this section; in the event that
the agricultural operation is subsequently divided into two (2) or more agricultural
operations, no additional farmland residential compound shall be permitted until ten
(10) years after the date of the approval of the application for the prior farmland
residential compound, and all of the requirements for a farmland residential compound
shall apply to each farmland residential compound; in the event that the agricultural
operation ceases and the farmland is subdivided, a parcel at least equal to the minimum
residential lot size for the zone times the number of dwelling units in the farmland
residential compound plus the road in which the farmland residential compound is located
shall be dedicated to the farmland residential compound, which overall parcel shall
include the water supply and waste water treatment systems for the farmland residential
compound.