Committee hears bill to redefine ‘farmer’ for wetlands setbacks; Farm Bureau backs change, environmental group raises concerns

Representative Cotter introduced House Bill 7,072 on Jan. 22 to replace a tax- and income‑based definition of “farmer” used in freshwater wetlands regulations with a definition based on agricultural land and a USDA farm number. The sponsor said the existing rule — which denies the agricultural-wetland setback exemption to anyone who has not earned $10,000 in gross agricultural income in the previous four years — blocks new and beginning farmers and those facing weather or health setbacks from using their land effectively.

Heidi Quinn, director of the Rhode Island Farm Bureau, testified in support and told the committee the bill would not change jurisdictional boundaries or wetlands regulations; rather, it would expand the group of producers eligible to use already-authorized agricultural setbacks. “Our intention is that this language change would allow a greater number of farmers to operate within the currently designated agricultural wetlands setback,” Quinn said.

Jed Thorpe of Save the Bay said he was concerned the proposed definition could create a broader loophole for agricultural activity that would be difficult to distinguish from short‑term or non‑agricultural uses. Thorpe cited the state’s Freshwater Wetlands Act and argued the original statute’s exemptions had been drafted with a specific bar to ensure claimants are bona fide farmers. “I fear that it will create, potentially, a very much larger loophole for agricultural activity,” Thorpe said, and asked the committee to consider stronger verification measures.

Committee members asked whether DEM had been consulted; the sponsor and witnesses said DEM submitted written testimony expressing concerns but did not attend to testify in person. Members pressed the sponsor on guardrails: whether a USDA farm number provides sufficient verification, how difficult it is to obtain, and whether small hobby operations (a few beehives, a few poultry) could qualify under the new definition. Quinn said a USDA farm number requires applicants to map and describe their land and operations and that the Farm Bureau is open to language changes to address DEM’s concerns.

The committee concluded the hearing on H 7,072 without a final vote on the bill’s merits; the procedural motion earlier in the session to hold all bills for further study remained in effect.