R.I. Gen. Laws § 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 substances” (as defined in 42 U.S.C. § 9601(14)) and/or “pollutant or contaminant” (as defined in 42 U.S.C. § 9601(33)) on the property; or

(3) The property meets the definition of a “brownfield site” (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.