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§42-17.9-5  Rulemaking by the department. –

Published: 2015

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State Affairs and Government

CHAPTER 42-17.9

Preservation of State Open Space

SECTION 42-17.9-5

   § 42-17.9-5  Rulemaking by the department.


(a) The department of environmental management, in consultation with the

department of administration, shall by March 15, 2007, establish by rule,

integrated standards and guidelines for preserving and protecting the state's

interest in open space values; the department shall report on or before January

15, 2007, to the speaker of the house, the president of the senate, the

chairperson of the house committee on environment and natural resources and the

chairperson of the senate committee on environment and agriculture on the

status of the development of said standards and guidelines.

   (b) Said standards and guidelines shall set forth and provide

for the implementation of criteria for evaluating actions that would convey or

amend state interests or constitute changes in use of state-owned and managed

property requiring the approval of the department of administration or the

state properties committee. Said criteria shall provide at a minimum:

   (1) That any conveyance or amendment affecting the state's

interest in open space values of such property shall serve a necessary public

interest and is the minimum needed to achieve the purposes of the conveyance,

amendment, or change in use; and

   (2) That to the extent reasonably feasible there is no net

loss of open space values as a result of such conveyance, amendment, or change

in use; and

   (3) That prior to any sale, transfer, conveyance and/or

amendment of interests, which would adversely affect open space values, in

state-owned property that was acquired and/or dedicated to and managed for open

space purposes, a new and not yet conserved parcel at least equal in open space

values and acreage shall be acquired by the state for conservation purposes

provided this criterion shall not apply in instances of declared disasters or

emergencies or in instances of imminent threat to public health or public


   (c) Said standards and guidelines may provide for a

determination that a parcel other than a parcel acquired or managed for open

space purposes or natural resources values does not have significant open space

value or that a specific amendment or change in use or type of use would not

have a significant impact on open space values, in which case the use of

standards, guidelines, and evaluation criteria as provided for in §§

42-17.9-6 and 42-17.9-7 shall not be required.

   (d) Said standards and guidelines shall be reviewed by the

department at least once every five (5) years and shall either be amended or

affirmed by the department as appropriate.

History of Section.

(P.L. 2006, ch. 649, § 1; P.L. 2007, ch. 340, § 24.)