{"data":{"id":"us-ri/r.i.-gen.-laws-42-140.5-9","jurisdiction":"us-ri","citation":"R.I. Gen. Laws § 42-140.5-9","heading":"Permitting of renewable energy resources.","body":"(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.\n(b) A site shall be presumed to be a previously contaminated property if:\n(1) Any agency of the state or federal government has designated the property as such;\n(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\n(3) The property meets the definition of a “brownfield site” (as defined in 42 U.S.C. § 9601(39)(A)).\n(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%).\n(d) Nothing in this section alters the eligibility requirements for the renewable ready fund as provided in § 42-140.5-6.","path":["Title 42 State Affairs and Government","Chapter 140.5 Renewable Ready Program"],"source_url":"https://webserver.rilegislature.gov/Statutes/TITLE42/42-140.5/42-140.5-9.htm","current_through":"site files published 2025-08-13","vintage":"","retrieved_at":"2026-09-05T20:00:13Z","sha256":"b7df3988fe3a0e2b8ff7334fe91d25862cf532dcddd7b6b2531f44752250acd8","source_id":"us-ri","stale":true,"prev":"us-ri/r.i.-gen.-laws-42-140.5-8","next":"us-ri/r.i.-gen.-laws-42-141-1-42-141-12"},"notice":"GroundRules: Original legal text. Not legal advice."}