290-RICR — Department of Transportation

Chapter 10 Contractors and Consultants

Subchapter 00

290-RICR-10-00-2 Debarment of Contractors on Construction Projects

290-RICR-10-00-2 § 2.1 Authority

These Rules and Regulations are promulgated pursuant to the provisions of R.I. Gen. Laws § 42-13-1(c).

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

290-RICR-10-00-2 § 2.2 Purpose

The purpose of these Rules and Regulations is to establish a procedure which prohibits contractors convicted of fraud, bid-rigging, or a violation of any state or federal antitrust law from bidding on construction projects administered by the Department of Transportation for five (5) years from the date of any such conviction.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

290-RICR-10-00-2 § 2.3 Definitions

A."Contractor" means any person, partnership, corporation or other legal entity having a contract with the State of Rhode Island administered by the Department of Transportation for the performance of construction activities, including any contracts subordinate thereto.

B.''Construction Projects'' means shall include the construction, improvement or completion of any public road or portion thereof or of any bridge.

C."Debarment" means disqualification of a contractor from bidding on and/or entering into construction contracts administered by the Department of Transportation.

D."Director" means the Director of the Rhode Island Department of Transportation or his/her designee.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

290-RICR-10-00-2 § 2.4 Debarment Proceeding 2.4 Debarment Proceeding {#sec-290-ricr-10-00-2-2.4-debarment-proceeding omnilex-key=us-ri-regs-official--title-290--290-RICR-10-00-2#2.4 Debarment Proceeding}

A.A Debarment proceeding shall be initiated by written notice to the contractor subject to debarment. Such notice shall indicate:

1.the nature of the debarment.

2.the reasons for the debarment in terms sufficient to put the contractor on notice of the conviction upon which it is based.

3.the procedures governing debarment.

4.the potential effect of debarment.

B.Within twenty (20) days after receipt of notice of proposed debarment, the contractor may request reconsideration in writing, providing justification why such debarment should not be implemented. Such justification shall not include evidence relating to the merits of the prior conviction on which the debarment is based.

C.Where reconsideration has been requested by the contractor, the Director shall notify the contractor within twenty (20) days of his/her final decision. Where no such request is received, the debarment shall be implemented without further notice.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

290-RICR-10-00-2 § 2.5 Scope of Debarment

A.Debarment of a contractor under these regulations constitutes debarment of all its divisions and other organizational elements.

B.Fraudulent or criminal conduct of any officer, director, partner or employee of the contractor may be imputed to the contractor when the conduct occurred in connection with the individual’s performance of duties for or on behalf of the contractor, or with the contractor’s knowledge, approval, or acquiescence.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

290-RICR-10-00-2 § 2.6 Period of Debarment

Debarment from bidding on construction projects administered by the Department of Transportation shall be for five (5) years from the date of any of the above convictions.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

Chapter 20 Government and Utilities

Subchapter 00

290-RICR-20-00-2 Submission and Evaluation of Municipal Infrastructure Plans Under the Municipal Road and Bridge Revolving Loan Fund Program

290-RICR-20-00-2 § 2.1 Authority

These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws § 24-18-7 which authorizes the Rhode Island Department of Transportation to evaluate submissions by municipalities of proposed infrastructure plans, identify eligible projects, and create a Project Priority List. These Rules and Regulations are promulgated in accordance with R.I. Gen. Laws Chapter 42-35-1 et seq. of the Administrative Procedures Act.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-03-22 to 01/04/2022
Adoption — effective from 2014-08-14 to 03/22/2018

290-RICR-20-00-2 § 2.2 Purpose

The purpose of these Rules and Regulations is to establish a procedure for the submission of infrastructure plans, as well as evaluation criteria to be used in ranking infrastructure plans, pursuant to R.I. Gen. Laws § 24-18-7.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-03-22 to 01/04/2022
Adoption — effective from 2014-08-14 to 03/22/2018

290-RICR-20-00-2 § 2.3 Definitions

A.Except as otherwise indicated, the following definitions shall apply:

1."Application" means Municipal Road and Bridge Revolving Loan Fund Project Loan Application.

2.''Approved Project'' means any project approved by the Rhode Island Infrastructure Bank for financial assistance.

3."Bank'' means the Rhode Island Infrastructure Bank.

4."Department" means The Rhode Island Department of Transportation.

5.''Eligible Project'' means an infrastructure plan, or portion of an infrastructure plan, that is intended to proceed within the upcoming calendar year, which meets the evaluation criteria established in § 2.5 of this Part and is consistent with the State Guide Plan, R.I. Gen. Laws § 42-11-10.

6."Final Agency Decision" means the decision of the Department, as indicated by written correspondence determining the Project Priority List.

7.''Financial Assistance'' means any form of financial assistance other than grants provided by the Bank to a city or town in accordance with R.I. Gen. Laws § 24-18- 7, as amended for all or any part of the cost of an Approved Project, including, without limitation, temporary and permanent loans, with or without interest, guarantees, insurance, subsidies for the payment of debt service on loans, lines of credit, and similar forms of financial assistance.

8''Infrastructure Plan'' means a project proposed by a city or town that would make capital improvements to roads, bridges and appurtenances thereto consistent with project evaluation criteria established in § 2.5 of this Part.

9.''Project Priority List'' means the list of Eligible Projects, ranked in the order in which Financial Assistance shall be awarded by the Bank, as long as the Eligible Project and/or municipality meet the requirements for Financial Assistance set forth in the program regulations for the Municipal Road and Bridge Revolving Fund established by the Bank.

10."Project Year" means calendar year in which a project would be constructed and would receive Financial Assistance, if approved.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-03-22 to 01/04/2022
Adoption — effective from 2014-08-14 to 03/22/2018

290-RICR-20-00-2 § 2.4 Infrastructure Plan Submission Process

A.Municipalities interested in seeking Financial Assistance for any calendar year may submit an Infrastructure Plan to the Department, according to the procedure delineated below.

B.A municipality must submit one copy of the complete Application, additional narrative, as necessary, and location maps in digital form or as a paper copy with no staples or folds. The Application materials must be sent to the address specified on the application.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-03-22 to 01/04/2022
Adoption — effective from 2014-08-14 to 03/22/2018

290-RICR-20-00-2 § 2.5 Project Evaluation Criteria

A.The Department will evaluate and rank municipal Infrastructure Plans according to the following criteria:

1.The extent to which the project generates economic benefits.

2.The extent to which the project would be able to proceed at an earlier date.

3.The likelihood that the project would provide mobility benefits.

4.The cost effectiveness of the project.

5.The likelihood that the project would increase safety.

6.The project's readiness to proceed within the forthcoming calendar year.

7.Any other criteria related to project readiness, resilience, severe weather events, inclusion in the Transportation Improvement Program, or other asset management risks and concerns related to transportation infrastructure.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-03-22 to 01/04/2022
Adoption — effective from 2014-08-14 to 03/22/2018

290-RICR-20-00-2 § 2.6 Review Process

A.Beginning on April 1 of each year, the Department will take the following steps to evaluate and rank municipal Infrastructure Plans:

1.The Department will convene a panel of experts from staff within the Rhode Island Department of Transportation; the Rhode Island Department of Administration, Division of Planning (Statewide Planning Program), and the Rhode Island Commerce Corporation to review projects.

2.The panel will determine which Infrastructure Plans meet stated project evaluation criteria established in § 2.5 of this Part and are Eligible Projects.

3.The panel will review all available Application materials and may contact the municipality to request additional information in order to establish a proposed Project Priority List for all Eligible Projects.

4.The Department will hold a public hearing on the proposed Project Priority List in the month of April. The Public Notice of the availability of the proposed Project Priority List shall be published on the Department's website: www.dot.ri.gov.

a.Public notice of the availability of the proposed Project Priority List and the place and time of the public hearing shall be published on the Department's website, for at least three (3) calendar days in advance of the hearing to afford all interested persons reasonable opportunity to submit data, views, or comments concerning the proposed Project Priority List.

b.The public notice shall indicate the location where copies of the Project Priority List may be obtained and/or reviewed by interested parties prior to the hearing.

c.The panel shall accept written comments on the Project Priority List from the time of public notice of availability until the close of the public hearing.

5.The panel shall consider fully all written and oral submissions respecting the proposed Project Priority List, and make any changes deemed necessary to serve the purposes of these regulations.

6.As advised by the panel, the Department will adopt a final Project Priority List and provide the Bank and the Rhode Island Statewide Planning Program with the proposed Project Priority List no later than May 1 of any year.

a.The decision of the Department in writing shall be the Final Agency decision in determining the Project Priority List.

b.Subject to availability of funds, the Department may add projects to the Project Priority List after the close of the annual evaluation period after giving no less than ten (10) days' public notice of such action, and provided that no project previously included on the Project Priority List, which remains an Eligible Project, will be unfunded or underfunded as a result.\

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-03-22 to 01/04/2022
Adoption — effective from 2014-08-14 to 03/22/2018

290-RICR-20-00-3 Concerning Approval and Operation of Automated Traffic Violation Monitoring Systems

290-RICR-20-00-3 § 3.1 Authority and Purpose

A.These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws § 31-41.2-3, as amended, which authorizes the installation and operation of automated traffic violation monitoring systems within the State of Rhode Island, and in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq.

B.The purpose of these Rules and Regulations is to establish a procedure for the approval and operation of automated traffic violation monitoring systems installed within the State of Rhode Island, pursuant to R.I. Gen. Laws § 31-41.2-3, as amended.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Technical Revision — effective from 2006-03-01 to 05/28/2018
Adoption — effective from 2006-02-21 to 03/01/2006

290-RICR-20-00-3 § 3.2 Incorporated Materials

A.These regulations hereby adopt and incorporate by reference the "Manual on Uniform Traffic Control Devices” (2009) published by the Federal Highway Administration (23 C.F.R. Part 655, Subpart F), not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

B.These regulations hereby adopt and incorporate by reference the Institute of Traffic Engineers’ “Traffic Engineering Handbook” (2016), not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Technical Revision — effective from 2006-03-01 to 05/28/2018
Adoption — effective from 2006-02-21 to 03/01/2006

290-RICR-20-00-3 § 3.3 Definitions

A.Except as otherwise indicated, the following definitions shall apply:

1."Actuated" means a traffic signal furnished with vehicle detection equipment that operates with variable green times depending on the presence of traffic.

2."Approved list" means index of automated traffic violation monitoring systems whose Technical specifications the Department has previously evaluated and approved in accordance with § 3.7 of this Part. The Department shall maintain the approved list on its website and in the Office of the State Traffic Engineer, 2 Capitol Hill, Providence, RI 02903.

3."Automated traffic violation monitoring system" means an apparatus that monitors, and detects violations of traffic control signals and has one or more motor vehicle sensors which produces images of motor vehicles being operated in violation of traffic signal laws.

4."Certify" means attest to be true and accurate by a registered professional engineer licensed in the State of Rhode Island. A document must be approved, stamped and signed by such professional engineer to be considered certified.

5."Department" means the Rhode Island Department of Transportation.

6."Director" means the Director of the Rhode Island Department of Transportation or his designee.

7."Engineering study" means a certified report stating that the Traffic signal and intersection at issue have been inspected and are free from deficiencies in accordance with § 3.6 of this Part.

8."Final agency decision" means the decision of the Director of the Rhode Island Department of Transportation, as indicated by written correspondence approving or disapproving installation of an automated traffic violation monitoring system.

9."Photo enforcement sign" means a warning sign that notifies motorists in advance of an intersection that an Automated traffic violation monitoring system is in use at that location. Photo enforcement signs must comply with the minimum size requirements of the detail as shown in § 3.8(E)(3) of this Part.

10."Physical alteration permit" means a written permission authorizing construction on land dedicated to state highway use, granted pursuant to the Rhode Island Department of Transportation “Rules and Regulations Concerning Permission for Use of State Highway Rights-of-Way”.

11."Roadway" means that portion of a highway improved, designed, and/or ordinarily used for vehicular travel. In the event a highway includes two (2) or more separate roadways, the term roadway refers to the roadway separately and not the roadways collectively.

12."State highway intersection" means any roadway intersection within the State of Rhode Island that is controlled by a Department-maintained traffic signal

13."State highway right-of-way" means land and space acquired for or dedicated to state highway use.

14."Technical specifications" means a description of the technical components of a proposed Automated traffic violation monitoring system.

15."Traffic signal" means a signal that uses red, green, and yellow lights to control traffic at an intersection.

16."Utility permit" means a written departmental permission authorizing general maintenance and repairs performed within the State highway right-of-way.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Technical Revision — effective from 2006-03-01 to 05/28/2018
Adoption — effective from 2006-02-21 to 03/01/2006

290-RICR-20-00-3 § 3.4 Automated Traffic Violation Monitoring Systems Approval Process

A.Municipalities that seek to install Automated traffic violation monitoring systems on any roadways within the State of Rhode Island must obtain approval from the Director according to the procedure delineated below.

B.A municipality must submit:

1.an Engineering study for each intersection under consideration, and

2.Technical specifications for the proposed Automated traffic violation monitoring system to:

Rhode Island Department of Transportation

Office of the Chief Engineer

2 Capitol Hill Providence, RI 02903

C.A municipality that proposes installation of an Automated traffic violation monitoring system that appears on the Department’s Approved list need not submit Technical specifications for that system. The municipality shall specify for the Department the proposed system and indicate that the system appears on the Department’s Approved list.

D.In cases where a municipality seeks to install an Automated traffic violation monitoring system at a State highway intersection, the municipality must also obtain a Physical alteration permit pursuant to the Rhode Island Department of Transportation “Rules and Regulations Concerning Permission for Use of State Highway Rights-of-Way”.

E. The Department will evaluate the municipalities’ submissions according to the criteria described in §§ 3.6 and 3.7 of this Part and, where relevant, the Rhode Island Department of Transportation “Rules and Regulations Concerning Permission for Use of State Highway Rights-of-Way”. Additionally, where a municipality operates an approved Automated traffic violation monitoring system within its jurisdiction and seeks to install additional systems, the Department will consider whether the municipality has complied with the annual reporting requirements described in § 3.8(C) of this Part.

F.The Director will not approve installation of an Automated traffic violation monitoring system if:

1.The Engineering study does not meet the criteria described in § 3.6 of this Part;

2.the proposed Automated traffic violation monitoring system does not comply with the criteria described in § 3.7 of this Part; or

3.the municipality has failed to comply with the annual reporting requirements described in § 3.8(C) of this Part with respect to any existing systems within its jurisdiction. Furthermore, where a municipality seeks to install an Automated traffic violation monitoring system at a State highway intersection, the Department will not authorize installation of such system even if approved until the municipality obtains a Physical alteration permit.

G.Throughout the approval process, the municipality has the responsibility to respond in a timely manner to Department requests for information or documentation.

H.Upon review of the Engineering study and the Technical specifications for a proposed Automated traffic violation monitoring system, the Department will issue a Final agency decision:

1.Approving installation of the proposed system;

2.Approving installation of the proposed system subject to compliance with the Rhode Island Department of Transportation “Rules and Regulations Concerning Permission for Use of State Highway Rights-of-Way”, and receipt of a Physical alteration permit; or

3.Disapproving installation of the proposed system.

I.The Department will send the Final agency decision via first-class mail.

J.The Department reserves the right to install and operate Automated traffic violation monitoring systems at State highway intersections.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Technical Revision — effective from 2006-03-01 to 05/28/2018
Adoption — effective from 2006-02-21 to 03/01/2006

290-RICR-20-00-3 § 3.5 Costs

A.In cases where a municipality installs an Automated traffic violation monitoring system approved by the Director, the municipality shall incur all costs associated with the installation, maintenance and operation of such system.

B. In cases where a municipality seeks a Physical alteration permit to install an Automated traffic violation monitoring system at a State highway intersection, the Department will waive the Physical alteration permit application fee.

C.In cases where the Department installs automated traffic violation monitoring systems at State highway intersections, the Department shall incur all costs associated with the installation, maintenance and operation of such automated traffic violation monitoring systems.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Technical Revision — effective from 2006-03-01 to 05/28/2018
Adoption — effective from 2006-02-21 to 03/01/2006

290-RICR-20-00-3 § 3.6 Engineering Study

A.Prior to the installation of an Automated traffic violation monitoring system at any intersection, a registered professional engineer licensed in the State of Rhode Island shall perform an Engineering study and prepare a report Certifying that the Traffic signal and intersection under consideration have been inspected and are free from all deficiencies that may contribute to unintentional red light running behavior. At a minimum, such professional engineer shall Certify the following with regard to the Traffic signal and/or intersection under consideration:

1.The intersection meets Traffic signal warrants as outlined in the Manual on Uniform Traffic Control Devices (2009), incorporated above.

2.The yellow times conform to yellow times recommended by the Institute of Transportation Engineers Traffic Control Devices Handbook.

3.The yellow times have been adjusted for eighty-fifth percentile (85%) speed and steep grades approaching signal.

4.The all-red clearance intervals have been set to a minimum of one second alternatively, if the Traffic signal controller does not have all-red clearance capability, the yellow time must provide not only an appropriate change interval, but also an appropriate clearance interval, as specified in the Traffic Engineering Handbook (2016) and the Manual on Uniform Traffic Control Devices (2009) (23 C.F.R. Part 655, Subpart F), incorporated above.

5.The Traffic signal faces are free from all obstructions and are visible for the appropriate distance, as specified in the Traffic Engineering Handbook (2016) and the Manual on Uniform Traffic Control Devices (2009) (23 C.F.R. Part 655, Subpart F), incorporated above.

6.The horizontal and vertical locations of the Traffic signal face meet the requirements of the Manual on Uniform Traffic Control Devices (2009) (23 C.F.R. Part 655, Subpart F), incorporated above.

7.Traffic signage in the surrounding area is visible, legible, and does not require motorists to divert attention from the roadway.

8.The stop line is clearly visible and located at the appropriate location as specified in the Manual on Uniform Traffic Control Devices (2009) (23 C.F.R. Part 655, Subpart F), incorporated above.

9.Traffic signal timing is optimized to current traffic conditions so as not to frustrate motorists and encourage red light running.

10.Traffic signal is functioning properly and, if Actuated, all detectors are working properly so as not to cause additional delay.

11.Parking is prohibited for a distance of at least thirty feet (30’) from the intersection approach.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Technical Revision — effective from 2006-03-01 to 05/28/2018
Adoption — effective from 2006-02-21 to 03/01/2006

290-RICR-20-00-3 § 3.7 Performance Criteria

A.The Technical specifications for any Automated traffic violation monitoring system to be installed on roadways within the State of Rhode Island must demonstrate that the system operates consistent with the criteria specified herein.

B.At a minimum, Automated traffic violation monitoring systems must:

1.Provide a recorded image that clearly depicts both:

a. A Traffic signal displaying a red indication, and

b. A vehicle approaching the stop line of an intersection while the Traffic signal displays a red indication.

2.Provide a recorded image that clearly depicts both:

a.A Traffic signal displaying a red indication, and

b.A vehicle traveling beyond the stop line of an intersection while the Traffic signal displays a red indication.

3.Provide a recorded image that clearly and discernibly depicts the rear license plate information for a vehicle that has traveled beyond the stop line of an intersection during a red indication. This recorded image may be derived from either image required in §§ 3.7(B)(1) or (2) of this Part, above.

4.Provide a minimum delay or “grace” time (enforcement threshold) of 0.2 seconds before photographing the violating vehicle.

5.Include a data bar in each recorded image that discloses:

a.The month, day, and year that the image was recorded;

b.the actual time that the image was recorded, using military time and carried out to the tenth of a second (00:00);

c.the location where the image was recorded, described either in words or using a unique location code number;

d.the lane number where the traffic signal violation occurred;

e.the actual yellow time for the traffic signal where the image was recorded, displayed in seconds a carried out to the tenth of a second (00:00); and

f.the delay or “grace” time (enforcement threshold) displayed in seconds and carried out to the tenth of a second (00:00).

g.Data bars embedded in the recorded image pursuant to § 3.7(B)(2) of this Part, above, must also disclose:

(1)The time elapsed between the image required in § 3.7(B)(1) of this Part and the image required in § 3.7(B)(2) of this Part, above; and

(2)the time elapsed—taken directly from the traffic signal controller and displayed in seconds and carried out to the tenth of a second (00:00)—between the beginning of the red indication and the actual time that the image required in § 3.7(B)(2) of this Part, above, was recorded.

6.Verify and state that the yellow time for the Traffic signal where images are being recorded conforms to the Engineering study submitted for that intersection.

7.Demonstrate the ability to achieve a minimum efficiency standard of seventy (70) citations issued for every one hundred (100) violations captured, or seventy percent (70%).

C. Once the Department evaluates the Technical specifications for a particular automated traffic violation monitoring system and determines that the system operates consistent with the criteria specified above, the Department will include that particular system on its approved list.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Technical Revision — effective from 2006-03-01 to 05/28/2018
Adoption — effective from 2006-02-21 to 03/01/2006

290-RICR-20-00-3 § 3.8 Operation of Automated Traffic Violation Monitoring Systems

A. A municipality or private corporation or other entity must obtain a Utility permit from the Department prior to performing any maintenance or repair work within the State highway right-of-way, The Rhode Island Department of Transportation “Rules and Regulations for Accommodating Utility Facilities within Public Freeway Rights-of-Way”.

B.Recorded images produced by an automated traffic violation monitoring system must be handled in accordance with R.I. Gen. Laws § 31-41.2-8.

C. Annual reports must be submitted to the Department in accordance with R.I. Gen. Laws § 31-41.2-9. Reports must be submitted by March 30th.

D. Where a municipality fails to submit a copy of its annual report(s) to the Department, the Director will not approve installation of additional Automated traffic violation monitoring systems within that jurisdiction.

E.A Photo enforcement sign shall be placed within a distance of between one hundred fifty feet (150’) and three hundred feet (300’) in advance of any intersection where an Automated traffic violation monitoring system is operating. The Photo enforcement sign shall comply with the minimum size requirements of the detail as shown below.

1.A Cut File may be obtained from the Department’s Maintenance Division Sign Section. The Borders, Legend, and Symbols shall be black.

2.The Background Sign Sheeting shall be White Type III B. Signal Headsshall be Red, Yellow, Green Type III B.

3.Image of the Photo enforcement sign is shown below:

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Technical Revision — effective from 2006-03-01 to 05/28/2018
Adoption — effective from 2006-02-21 to 03/01/2006

290-RICR-20-00-5 Accommodating Utility Facilities within Public Freeway Rights-of-Way and Public Railroad Rights-of-Way

290-RICR-20-00-5 § 5.1 Authority and Purpose

A.Authority

1.The following regulations are promulgated to administer the Department's policy for accommodating utility facilities within Freeway rights-of-way and Railroad rights-of-way pursuant to The Utilities Act, 23 C.F.R. § 645.201 et seq. and R.I. Gen. Laws §§ 24-8-34, 24-10-2, 24-10-3, 37-7-8 and Chapter 42-35.

B.Purpose

1.The purpose of these regulations is to prescribe conditions for the regulation of utility facilities within Freeway rights-of-way, and granting of easements and right-of-way within Railroad rights-of-way. No easement or right-of-way will be granted that will or may adversely impact future transportation needs of the citizens of Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-07 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/07/2018

290-RICR-20-00-5 § 5.2 Applicability

Provisions herein apply to both Freeway and Railroad rights-of-way unless otherwise specified.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-07 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/07/2018

290-RICR-20-00-5 § 5.3 Incorporated Materials

A.These regulations hereby adopt and incorporate the Federal Highway Administration’s “Manual on Uniform Traffic Control Devices for Streets and Highways,” (MUTCD), 23 C.F.R. § 655(F) (2009 Edition) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

B.These regulations hereby adopt and incorporate American Railway Engineering and Maintenance of Way Association’s “Manual for Railway Engineering” (2018) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

C.These regulations hereby adopt and incorporate American Association of State Highway and Transportation Official’s "Roadside Design Guide" (2011 Edition including Roadside Design Guide 4th Edition (2011) Errata issued in 2015),” by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-07 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/07/2018

290-RICR-20-00-5 § 5.4 Definitions

A.The following definitions shall apply to this regulation:

1.“Active railroad right-of-way” means any railroad right-of-way acquired by the State to preserve present or future transportation needs on which there currently exists a freight, passenger or excursion train service provided through an existing operating agreement between the rail operator and the Department, and on which there is no federal abandonment decision through the Surface Transportation Board (STB).

2."Applicant" means any individual, firm, corporation, partnership or agency, public or private, that has filed a Freeway or a Railroad Right-of-Way Utility Permit Application.

3."Application" means a Freeway or Railroad Right-of-Way Utility Permit Application.

4.“Clear zone” means the total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles, as defined in the latest edition of the American Association of State Highway and Transportation Officials "Roadside Design Guide (2011, 4th Edition)," including all revisions. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or a clear run-out area. The desired width is dependent upon the traffic volumes and speeds and on the roadside geometry.

5."Department" means the Rhode Island Department of Transportation.

6."Director" means the Director of the Rhode Island Department of Transportation, whose address is Two Capitol Hill, Room 210, Providence, Rhode Island 02903.

7."Easement" means a non possessing interest held by one person in land of another whereby the first person is accorded partial use of such land for a specific purpose. An easement restricts but does not abridge the rights of the fee owner to the use and enjoyment of his/her land.

8."Freeway" means a highway, and its associated ramp system, with full control of access as defined in AASHTO Standards and as listed:

I-95

CT/S/L TO MA S/L

I-195

I-95 TO MA S/L

I-295

I-95 TO MA S/L

ROUTE 1

PROSSER TRAIL TO WAKEFIELD CUT OFF

ROUTE 4

ROUTE 138 TO I-95

ROUTE 6

ROUTE 102 TO ROUTE 101

ROUTE 6

I-295 TO I-95

ROUTE 10

PARK AVENUE TO ROUTE 6

ROUTE 24

ROUTE 114 TO MA S/L

ROUTE 37

NATICK AVENUE TO POST ROAD

ROUTE 78

ROUTE 1 TO CT S/L

ROUTE 99

ROUTE 146 TO MENDON ROAD

ROUTE 114

I-195 TO FORBES STREET

ROUTE 138

ROUTE 1 TO ADMIRAL KALBFUS ROAD

ROUTE 146

I-95 TO RESERVOIR ROAD

ROUTE 146

ROUTE 146A TO MA S/L

AIRPORT CONNECTOR

I-95 TO POST ROAD

RED BRIDGE EXTENSION

WATERMAN STREET TO TAUNTON AVENUE

9."Lease" means a contract, written or oral, by which possession of land and/or a building is given by the owner to another person for a specified period of time and for the rent specified.

10."License" means a personal privilege to do so some act on the land of another.

11."Maintainer" means any individual, firm, corporation, partnership or agency, public or private, that enters into an agreement with the Department to maintain a utility facility permitted under this Part.

12."Owner" means any individual, firm, corporation, partnership or agency, public or private, that owns a utility facility permitted under these regulations.

13."Permit" means a Freeway or a Railroad Utility Permit. All permits shall include temporary or permanent easements, or both, for use of State property.

14."Railroad right-of-way" means any active or inactive Railroad right-of-way acquired by the State for future transportation needs.

15."Utility facility" means, as used herein, as defined in The Utilities Act, 23 C.F.R. § 645.207.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-07 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/07/2018

290-RICR-20-00-5 § 5.5 General Restrictions

5.5.1Permits

A.A Permit is required for the installation of any Utility Facility within a Freeway right-of-way or within a Railroad right-of-way. The process for acquiring a Permit is specified in § 5.6 of this Part.

B.In order to obtain a permit, Applicants must review and agree to the provisions of the State of Rhode Island Department of Transportation Standard Specifications for Road and Bridge Construction.

5.5.2Transverse Installations

A.Transverse installation of utility facilities will be permitted only where there is no prudent alternative to the installation of said facility within a Freeway right-of-way or a Railroad right-of-way.

B.Access to said transverse installations will only be permitted as specified in § 5.5.4 of this Part.

C.Freeway Right-of-Way

1.Said installation shall be as close to perpendicular as possible to the Freeway alignment, and in all cases shall be limited to longitudinal distances of less than 1,000 feet, or unless otherwise approved by the Department.

2.Said installation shall not endanger the safety of the motoring public and shall not adversely affect the Freeway.

3.Any above ground structure shall be placed at a safe distance from the shoulder as determined by the Department and outside the clear zone as defined in the American Association of State Highway and Transportation Officials "Roadside Design Guide," incorporated above in § 5.3 of this Part.

D.Railroad Right-of-Way

1.Said installation shall be as close to perpendicular as possible to the Railroad alignment, and in all cases shall be limited to longitudinal distances of less than 1,000 feet, or unless otherwise approved by the Department.

2.Said installation shall not endanger the safety of the motoring public and shall not adversely affect the public use.

3.Any above ground structure shall be placed at a safe distance from the transportation portion of the right-of-way as determined by the Department.

5.5.3Longitudinal Installations

A.Longitudinal Installations of utility facilities within a Freeway right-of-way or a Railroad right-of-way are permitted only when there is no feasible or prudent alternative to the installation of said facility.

B.Access to longitudinal installations will be permitted as specified in § 5.5.4 of this Part.

C.Freeway Right-of-Way

1.Installations are to be permitted only in close proximity to the Freeway line and outside the clear zone. Installation in the median area will generally be discouraged.

2.A utility access control line will be established between the proposed utility installation and the through roadway ramps. Service connections to adjacent properties shall not be permitted from within the utility strip.

3.Where such longitudinal installations are requested, the utility owner must in each case show to Department's satisfaction:

a.That the accommodation will not adversely affect highway and traffic safety.

b.That alternate locations are not available or cannot be implemented at reasonable cost, from the standpoint of providing efficient utility services in a manner conducive to safety, durability, and economy of maintenance and operations; that the accommodation will not adversely affect the design, construction, operation, maintenance or stability of the freeway; and that it will not interfere with or impair the present use or future expansion of the freeway.

c.That disapproval of the use of the State right-of-way would result in the loss of productive agricultural land, or loss of productivity of agricultural land, if any. In this case, the utility must provide information on the direct and indirect environmental and economic effects of such loss, which effects will be evaluated and considered by the Department.

d.That the accommodation satisfies the conditions of § 5.5.4 of this Part.

D.Railroad Right-of-Way

1.Installations are to be permitted only in close proximity to the edge of the right-of-way.

2.Service connections to adjacent properties shall not be permitted from within the utility strip.

3.Where such longitudinal installations are requested, the utility owner must in each case show to the Department's satisfaction:

a.That the accommodation will not adversely affect the right-of-way and public safety.

b.That alternate locations are not available or cannot be implemented at reasonable cost, from the standpoint of providing efficient utility services in a manner conducive to safety, durability, and economy of maintenance and operations; that the accommodation will not adversely affect the design, construction, operation, maintenance or stability of the Railroad right-of-way; and that it will not interfere with or impair the present use or future expansion of the right-of-way.

d.That the accommodation satisfies the conditions of § 5.5.4 of this Part.

5.5.4Access

A.Freeway Right-of-Way

1.Access for construction and/or servicing a Utility Facility within a Freeway line should be limited to access via:

a.Frontage road, where provided

b.Nearby or adjacent public roads and streets

c.Trails along or near the Freeway right-of-way line connecting only to an intersecting road from any one point or all of which entry may be made to the outer portion of the Freeway right-of-way

2.A locked gate in the freeway fence line may be utilized to meet periodic service access needs pursuant to “Agreements relating to use of and access to rights of way Interstate System”, 23 U.S.C § 111. A gated point of access installed in an interstate highway freeway fence line will require the approval of the FHWA.

3.Access to the Utility Facility from the through roadways or connecting ramp shall not be permitted except for special cases where alternate locations and/or means of access are unavailable or impractical due to terrain and other environmental constraints and said use shall not adversely affect the safety of the motoring public or impair the Freeway.

4.Access for construction and/or servicing a Utility Facility within a Freeway right-of-way shall minimize disruption and be in conformance with the guidance found in the latest edition of the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD, 2009 Edition), incorporated above in § 5.3 of this Part.

B.Railroad Right-of-Way

1.An Applicant must coordinate access for construction and/or servicing with the railroad operator for an application in an Active Railroad right-of-way.

2.Access for construction and/or servicing a Utility Facility within a Railroad right-of-way shall minimize disruption and be in conformance with the guidance found in the latest edition of the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD 2009) and the American Railway Engineering and Maintenance of Way Association’s “Manual for Railway Engineering” (2018), incorporated above in § 5.3 of this Part.

5.5.5 Maintenance of Traffic Within a Public Freeway

A.When accessing a utility facility within a public freeway, the Permittee shall:

1.Maintain any road affected by its work open to traffic and keep such road in a condition that shall safely and adequately accommodate such traffic.

2.Furnish, erect and maintain all traffic control including barricades, warning signs, delineators, flaggers and pilot cars in accordance with the "Manual on Uniform Traffic Control Devices for Streets and Highways"(MUTCD 2009), incorporated above in § 5.3 of this Part, subject to monitoring by the Department.

3.Submit for the Department’s approval, a Traffic Control Plan for all utility work which would have any effect upon freeway traffic.

B.This traffic control protection will be maintained until the project has been completed to the Department’s satisfaction.

5.5.6 Protection from Suits

A.As a condition of receipt of a permit, the Permittee shall defend, indemnify, protect and save harmless the State and its agents, servants and employees from and against any and all suits, claims, losses, demands or damages of whatever kind or nature arising out of the issuance of said permit or claimed to arise out of any act, error or omission of the Permittee, its agents, servants and employees in the performance of work covered by the permit.

B.A performance bond and certificates of insurance shall be required. The performance bond shall be obtained by the Permittee and submitted to the Department prior to the Permittee initiating utility work.

5.5.7 Relocation

It will be the responsibility of the Maintainer to accomplish any relocation of the Utility Facility at its expense. Any such relocation shall be subject to review and approval by the Department. If a relocation is required by the Department, the Maintainer will receive due notice and must comply with the relocation with all deliberate speed.

5.5.8Maintenance of Utility Facility

A.The Department may perform emergency maintenance on the Utility Facility for which it shall be reimbursed by the Maintainer. In the event the Maintainer needs to perform emergency maintenance on the facility, the Department will be notified as soon as reasonably possible. Full coverage will be in place to cover liability claims against the Department and a new permit will be required.

B.Should the Maintainer need to replace all or a portion of an existing utility, a new easement will be required only in the event that the work should extend beyond the limits of the original easement. Otherwise the Maintainer will be vested with the right to complete all work under the original grant of easement.

C.Freeway Right-of-Way

1.The Maintainer shall maintain the Utility Facility in a condition satisfactory to the Department which does not endanger the safety of the motoring public and does not adversely affect the Freeway right-of-way.

D.Railroad Right-of-Way

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-07 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/07/2018

290-RICR-20-00-5 § 5.6 Permit Process

5.6.1 Filing

A.Freeway Right-of-Way

1.Any applicant seeking to install a Utility Facility within a Freeway shall do so by filing a Freeway Utility Permit Application with the Department's Division of Maintenance.

2.At the time of such Application, the Applicant shall pay to the Department any fee required by statute.

3.All Applications must also be signed by the Applicant and the Owner of the facility, if different than the applicant, and any municipality or other parties responsible for future maintenance

B.Railroad Right-of-Way

1.Any person, firm, corporation, or governmental agency seeking to install a Utility Facility within a Railroad right-of-way shall do so by filing a Utility Permit Application with the Department's Division of Maintenance.

2.At the time of such Application, the Applicant shall pay to the Department any fee required by statute.

3.All Applications must be signed by a governmental agency or public utility agreeing to be responsible for all future maintenance of the facility.

5.6.2 Copies

Completed Applications must be accompanied by four (4) copies of a preliminary plan showing the plan and profile view of the proposed facility as well a traffic control plan, both stamped by a registered professional engineer, and two (2) copies of a detailed discussion of all possible alternatives to the Freeway or Railroad installation proposal.

5.6.3 Easement, Lease, License, or Other Empowering Agreements

A.During the review process, the Applicant must, at its own expense, provide any additional information relevant to the Application requested by the Department.

B.In addition, the Owner must enter into either temporary and permanent easement agreements or a lease or license with the Department, regarding its use of State property, unless such use is in reference to maintenance, repair, testing, operation, replacement, reconducting, or upgrading that does not have an adverse impact on, or increase the area of the use of, the State right-of-way, or is a relocation required by the Department of existing Utility Facilities within Freeway right-of-way for Freeway Utility Permits or within Railroad Right-of-Way for Railroad Utility Permits.

C.In no case shall this exception allow the use of an easement, lease, license, or other empowering agreement by any entity other than the Owner without the prior written agreement of the State.

5.6.4 National Environmental Policy Act (NEPA)

Any Application within the jurisdiction of the National Environmental Policy Act, 42 U.S.C § 4321, as amended, shall be reviewed by the Federal Highway Administration. The approval of utility installations along or across Freeway right-of-way or Railroad right-of-way meets the criteria for a categorical exclusion under, The Environmental Impact and Related Procedures Act, 23 CFR § 771.117; however, any action which normally would be classified as a categorical exclusion but may involve unusual circumstances will be evaluated on a case-by-case basis per 23 C.F.R § 771.117(b)

5.6.5 Decision

A decision by the Chief Engineer will be rendered within forty-five calendar (45) days of receipt of a completed Application by the Maintenance Division, and any additional information requested by the Department.

5.6.6Conditions and Bond

A.As a result of the Departmental staff review and the action of the Chief Engineer, the Application will be either approved as submitted with standard conditions, approved with additional conditions or denied as submitted.

B.The Applicant will be notified, by mail, of the decision.

C.A performance bond issued by a company licensed to conduct business in the State of Rhode Island and in an amount sufficient to assure that all the terms and conditions of the permit granted by the Department shall be obtained by the Applicant and submitted to the Department prior to the Maintainer initiating any utility work.

5.6.7Appeal

A.An Applicant dissatisfied with the decision of the Chief Engineer, may appeal to the Director.

B.The appeal must be in writing and include a copy of the original decision and be submitted to the Director within fifteen (10) business days of the rendering of the decision.

C.The Director's decision will be made within thirty- five (35) business days of receipt of the appeal.

D.The Director's decision may be appealed to the Superior Court in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-15.

5.6.8 State Properties Committee

All easements, leases, licenses, or other empowering agreements are subject to the approval of the State Properties Committee pursuant to R.I. Gen. Laws §§ 37-7-8 and 37-7-9; therefore, all permits are contingent on that approval.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-07 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/07/2018

290-RICR-20-00-5 § 5.7 C ompensation

A. Compensation for the installation of a utility facility will be determined by the Department based upon the fair market value of the property utilized.

B.In reference to municipalities and non-profit, Public Utilities Commission regulated utilities, it shall be the Department's recommendation to the State Properties Committee that fair market value be waived and no compensation be due.

C. Payment must be in the form of a certified check or money order made payable to the Rhode Island Department of Transportation. Cash will not be accepted.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-07 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/07/2018

Chapter 30 Business, Property Owners, and the Public

Subchapter 00

290-RICR-30-00-1 Control and Restriction of Billboards, Signs and Other Advertising Devices

290-RICR-30-00-1 § 1.1 Authority and Purpose

1.1.1Authority

These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 24-10.1, 23 C.F.R. § 750 and 23 U.S.C § 131.

1.1.2Purpose

The purpose of these Rules and Regulations is to control the erection and maintenance of outdoor advertising signs relating to areas adjacent to the interstate, primary highways systems and other roads within the State of Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-1 § 1.2 Applicability

These Rules and Regulations apply to areas adjacent to the interstate, primary highway systems and other roads within the State of Rhode Island as designated by the Department pursuant to R.I. Gen. Laws § 24-10.1-2(2), (5) and (7). A list of such designated roads is posted on the DOT website and the Secretary of State’s website.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-1 § 1.3 Incorporated Materials

These regulations hereby adopt and incorporate Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), 23 C.F.R § 655, subpart F (2009) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-1 § 1.4. Definitions

A.For the purposes of these Rules and Regulations, the following terms shall have the following meaning:

“Billboard” means a panel designed to carry outdoor advertising. Billboards are considered to be personal property by the Department and all municipal governments in the State of Rhode Island.
“Commercial” or “industrial activities” for the purposes of the unzoned area definition, mean those activities generally recognized as commercial or industrial by zoning authorities in this State, except that none of the following shall be considered commercial or industrial:

a. Agricultural, forestry, ranching, grazing, farming, and related activities, including, but not limited to wayside fresh produce stands. ?

b. Transient or temporary activities.

c. Activities not visible from the state-way.

d. Activities more than three hundred (300) feet from the nearest edge of the state-way.

e. Railroad tracks and minor sidings.

f. Activities normally and regularly in operation less than 5 months per year.

g. Activities conducted in a building principally used as a residence.

“Commercial or industrial zone” means those districts established by the zoning authorities as being most appropriate for commerce, industry, or trade, regardless of how labeled. They are commonly categorized as commercial, industrial, business, manufacturing, highway service or highway business (when these latter are intended for highway orientated business), retail, trade, warehouse, and similar classifications pursuant to the provisions of 23 C.F.R. § 750.703 (a).
“Controlled area” means:

a. In an urban area, those areas adjacent to, and within six hundred and sixty (660) feet of, the edge of the right-of-way of the state-way.

b. Outside an urban area, those areas adjacent to the edge of the right-of-way of the Interstate and Federal-Aid primary and secondary highway systems and visible from the state-way.

“Controlled routes” means: The Federal-aid primary system in existence on June 1, 1991, and any highway which is not on such a system, but which is on the National Highway System.
“Department” means the Department of Transportation of the State of Rhode Island.
“Designated scenic roadways” mean any State Roadways that have been designated a “Rhode Island Scenic Roadway” by the Rhode Island Scenic Roadway Board, under the current Rhode Island legislation for Scenic Roadways. ?
“Directional and official signs and notices” means official signs and notices, public utility signs, service clubs and religious notices, public service signs and directional signs. ?
“Directional signs” means signs containing directional information about public places owned or operated by Federal, State, or Local governments or their agencies; publicly or privately owned natural phenomena, historic, agricultural, cultural, scientific, educational, and religious sites: and areas of natural scenic beauty or naturally suited for outdoor recreation, including bicycle paths, and state-owned railroad corridors deemed to be in the interest of the public. ?

10.“Double panel” means two [2] signs side by side facing the same direction no more than five [5] feet apart.

“Erect” means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish pursuant to the provisions of 23 C.F.R. § 750.153(e).

12.“Existing conforming sign” means signs that are lawfully erected and maintained and comply entirely with all provisions of the law. Conforming signs may remain or be erected adjacent to controlled highway systems after the effective date, May 6, 1966.

“Freeway” means a divided arterial highway for through traffic with full control of access, pursuant to the provisions of 23 C.F.R. § 750.153 (k).
“Illegal sign” means a sign erected or maintained in violation of State Law, pursuant to the provisions of 23 C.F.R. § 750. 303(d).
“Immediate vicinity” means the area within fifty (50) feet of where the sign is located, including buildings, driveways and parking areas.
“Information center” means an area or site established and maintained as safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as the Director of Transportation may consider desirable, pursuant to the provisions of R.I. Gen. Laws § 24-10.1-2(1).
“Interchange” means a system of interconnecting roadways in conjunction with one or more grade separations that provides for the movement of traffic between two or more roadways or highways on different levels. Interchanges may be of various types or a combination of types.
“Interstate system” means that a portion of the national system of interstate and defense highways located within this State, or highways built to interstate or defense highway standards as officially designated, or as may hereafter be so designated, by the Director of Transportation, and approved pursuant to the provisions of 23 U.S.C. § 131.
“Landmark signs” means signs lawfully in existence on October 22, 1965, including signs on farm structures or natural surfaces, of historic or artistic significance, the preservation of which is consistent with the purpose of 23 U.S.C. § 131. There exist no landmark signs outside urban areas in the State of Rhode Island.

20.“Maintain” means to allow to exist, or keep in repair.

“Major official guide sign” means a sign with a total area of at least twelve (12) square feet, erected and authorized by the State or Federal Government to designate route numbers or route names, distances and directions to certain localities or municipalities.

22.“Municipality” means a city or town in the State of Rhode Island.

23.“Non-conforming signs” means those signs which were lawfully erected, but which do not comply with the provisions of amended State regulations or which later fail to comply with State law or rules and regulations due to changed conditions. Illegally erected or maintained signs are not non-conforming signs pursuant to the provisions of 23 C.F.R. § 750.303(e).

24.“Official signs” means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorizations contained in Federal, State, or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by State law and erected by State or local government or nonprofit historical societies may be considered official signs pursuant to the provisions of 23 C.F.R. § 750.154(n).

25.“On-premise advertising sign” means a sign at a business location advertising a business or businesses that are conducted on the property [the principal activity], or signs advertising the sale or lease of the real property upon which they are located, subject to the requirements of § 1.11 of this Part.

26.“Outdoor advertising sign” means advertising signs, displays, and devises in adjacent areas consistent with the terms of these Rules and Regulations, the Federal-Aid Highway Act of 1958 [P.L. 85-381], and the Highway Beautification Act of 1965, as amended [P.L. 85-381], and any and all subsequent amendments and laws. Any outdoor sign, device, figure, painting, drawing, message, notices, placard, poster, billboard, billboard structure, monopole structure, letter board, or other thing which is designed, including lighting, intended or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the state-way or the Interstate, Primary or Secondary Systems.

27.“Panel” means a flat piece of material, usually rectangular, made to form part of a sunken or raised surface set in a frame for the sole purpose of advertising, or any other shaped surface and/or structure including but not limited to; Digital Display, Trivision, other type of Commercial Electronic Changeable Message Sign (CEVMS), etc. approved by the Department.

“Permit” means a revocable certificate issuing permission by the Department authorizing the erection and maintenance of a sign at the location described thereon for a twelve [12] month period beginning from the date of issuance. The issuance of an outdoor advertising permit does not supersede municipal or other agency sign requirements or restrictions. Permits are not chattel.
“Permit holder” means any person holding a valid and unrevoked outdoor advertising permit. Permit Holders must demonstrate to the satisfaction of the Department that they have legal control of the real property [i.e., footprint] where the sign is located and legal control of the sign.
“Person” means any individual, group, corporation, limited liability company, partnership, association, any public entity, as the context may require, or combination thereof.
“Primary system” means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the Director of Transportation, and approved by the U.S. Secretary of Transportation, pursuant to the provisions of 23 U.S.C. § 103(b).
“Public service signs” means signs located on bus stop shelters, which sign:

a. Identify the donor, sponsor, or contributor of said shelters;

b. Contain safety slogans or messages, which shall occupy not less than fifty percent [50%] of the area of the sign;

c. Contain no other message;

d. Are located on bus shelters which are authorized or approved by city, county, or State?law, regulation, or ordinance, and at places approved by the city, county or State agency controlling the state-way involved; and must be located on a designated, active transit system.

e. May not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.

“Public utility signs” means warning signs, informational signs, notices, or markers, which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations. ?
“Replacement costs” are based on a mixture of signs in each category with different components such as backbracing, aprons, scaffolds, and differing heights above ground level. The basic structure cost figure will thus apply whether or not the sign being valued has any (or all) of the above-mentioned features. Additives for such items as incandescent lighting, mercury vapor lights, quartz floodlights, unusual features, or differing heights above ground level over eleven (11) feet, should be made when appropriate and the costs are verified by the Department’s Appraisal Unit.
“Right-of-way” means the easement in or property acquired by the public through the Department of Transportation, for the purposes of highway construction, safety rest areas, landscaping or any other purpose incidental to highway travel or highway use.
“Rules and regulations” means the State of Rhode Island and Providence Plantations, Rhode Island Department of Transportation, Control and Restriction of Billboards, Signs and Other Advertising Devices.
“Safety rest areas” means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public. No advertising of any form will be allowed and is strictly prohibited within Safety Rest Areas unless previously reviewed and approved by the Director of the Department of Transportation, pursuant to the provisions of R.I. Gen. Laws § 24-10.1-2(6).
“Secondary systems” means that portion of state maintained roads that are neither interstate nor primary roads, pursuant to the provisions of R.I. Gen. Laws § 24-10.1-2(7). ?
“Service club and religious notices” means signs and notices, whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious services, which signs do not exceed 8 square feet in area, pursuant to the provisions of 23 C.F.R. § 750.153(p).
“Sign” means the following: a display as a lettered board, a posted command, warning, or direction, including messages utilizing new technologies such as Trivision or equivalent technologies such as CMS, Digital LED, Video LED, Price Pack [changed by satellite or other], Lottery [changed by satellite or other], Electronic Water Art, Holographic, Projectorized, Gas Plasma, or other changeable messages as approved by the Department of Transportation, and if and when necessary the Federal Highway Administration, any outdoor advertising sign, device, figure, painting, drawing, message, notices, placard, poster, billboard, billboard structure, monopole structure, letter board, or other thing which is designed, including lighting, intended or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the state-way of the Interstate or primary system, or secondary system.
“State-way” means the following: an interstate, a road, highway, route, traveled way, interway, primary, Federal-aid primary or secondary system, designated scenic roadway and arterials pursuant to the Rhode Island Division of Planning, Statewide Highway Functional Classification Map (2003).

42.“Structure” means any device, engineered or not which provides support for panels that provide an advertising message, including but not limited to monopoles, multipoles, or any other thing used to provide support.

“Unzoned commercial or industrial area” means those areas not zoned by State or local law, regulation or ordinance, which are occupied by one or more industrial or commercial activities, other than outdoor advertising signs, and the lands along the state-way for a distance of five hundred (500) consecutive feet immediately adjacent to the activities. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the activities, not from the property lines of the activities, and shall be along or parallel to the edge of pavement of the state-way. Measurements shall not be from the property lines of the activities unless said property lines coincide with the limits of the activities. Unzoned industrial or commercial areas shall not include land predominately used for residential purposes, or land adjacent to Interstate or primary highway constructed on right-of-way, the entire width of which was acquired subsequent to July 1, 1956. In addition, “spot or strip zoning,” will not be considered as a commercial or an industrial area.
“Urban area” means an urbanized area or an urban place as designated by the Bureau of the Census having a population of five thousand or more and not within any urbanized area, which boundaries to be fixed by the Office of Statewide Planning, subject to approval by the Secretary of the U.S. Department of Transportation. Such boundaries shall be as a minimum, encompass the entire urban place designated by the Bureau of the Census.

45.“Urbanized area” means an area so designated by the Bureau of the Census, within boundaries to be fixed by the Office of Statewide Planning, subject to approval by the Secretary of the U.S. Department of Transportation. Such boundaries shall, as a minimum, encompass the entire urbanized area within the State as designated by the Bureau of the Census, pursuant to the provisions of 23 U.S.C. § 101(a).

“Visible” means capable of being seen, [whether or not legible] without visual aid by a person of normal visual acuity, pursuant to the provisions of 23 C.F.R § 750.153(j).

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-1 § 1.5 Signs Outside Urban Areas

A.The following signs shall be allowed outside urban areas.

Directional and other official signs.

2.Signs located in Commercial or Industrial zones, as defined in § 1.4(A)(3) of this Part. However, signs that are more than 660 feet from the edge of the right-of-way, and erected with the purpose of their message being read from the main-traveled way are prohibited.

3.Signs located in Unzoned commercial or industrial areas, as defined in § 1.4(A)(43) of this Part. However, signs which are more than 660 feet from the edge of the right-of-way, and erected with the purpose of their message being read from the main-traveled way are prohibited.

4.Landmark signs, as defined in § 1.4(A)(19) of this Part.

5.Any and all types of signs not listed above are hereby prohibited outside urban areas.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-1 § 1.6 General Regulations

A.The following shall apply to all legally conforming and legally non-conforming signs:

Signs shall not be erected or maintained or altered in such a manner as to obscure or otherwise physically interfere with an official traffic sign, signal or device, or to obstruct or physically interfere with the driver’s view of approaching, merging, or intersecting traffic.
Signs shall not be erected or maintained which imitate or resemble official traffic signs, signals or devices, or are erected or maintained upon trees or painted or drawn upon rocks or natural features, or which are structurally unsafe or in disrepair.
Nothing in these Rules and Regulations shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution, which are more restrictive than the provisions of this chapter.

4.Pursuant to R.I. Gen. Laws § 24-10.1-9(b), the Director of the Department shall not regulate any on-premise or off-premise non-commercial protected speech contained within any advertising display authorized by these regulations.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-1 § 1.7 Criteria for a Legal Conforming Sign

A.For a sign to be designated legal conforming, it must comply with the following location, size, spacing, and lighting criteria, pursuant to R.I. Gen. Laws § 24-10.1-3.

B. Location

Signs must be located in a zoned commercial or industrial area or a non-urban area that is unzoned commercial or industrial.
All signs shall be set back at least twenty-five (25)’ feet from the nearest edge of right-of-way except in areas zoned by authority of law either industrial or commercial where the setback established by such authority will be observed.
No sign shall be erected in any area regardless of zoning or other considerations in areas either of natural or manmade scenic beauty or historical significance, including designated scenic roadways and bicycle paths, designated as such by the Rhode Island Department of Transportation.

C. Size

1.No sign panel shall exceed the following limits:

a. For signs panel which are located within 150 from the nearest edge of the right-of-way, maximum area – 675 square feet, maximum height –20 feet, maximum length – 50 feet. Dimensions include border trim, cutouts, extensions, but exclude bases and supports.

b. For signs which are located 150 feet or more from the nearest edge of the right-of-way, maximum area – 1200 square feet, maximum length – 60 feet, maximum height – 25 feet. Dimensions include border, trim, cutouts and extensions but exclude bases and supports.

c. Cutouts and extensions are not to exceed the following limits:

(1) Five (5) feet from the top of trim.

(2) One and one-half feet from either vertical side of trim.

(3) Two (2) feet from bottom of trim.

(4) No one cutout shall exceed more than ten percent (10%) of the total copy area or no combination of cutouts shall exceed thirty percent (30%) of the total copy area. Prior to the installation of any and all cutouts, a permit holder must submit to the Department a written explanation providing the exact design, dimensions, panel number, and specifications of the proposed cutout. The permit holder must make this request no less than ten (10) business days prior to the anticipated installation of the cutout, and must strictly adhere to the restrictions listed above. No erection of a cutout will be permitted without first submitting a schematic of the proposed cutout for review, and receiving prior written approval of the Department.

d. Signs may be double faced [abutting and facing the same direction] provided that the total dimensions and area of double faced signs on the structure do not exceed the stipulations of. §§ 1.7(C)(1)(a) through (c), of this Part.

e. Back-to-back signs shall be considered as two (2) signs. ?

f. V-type signs shall be considered as two (2) signs, but must be erected so that only one (1) face is visible to traffic proceeding in any one (1) direction on any Interstate or Primary System. ?

D. Spacing

If a sign is located on and/or adjacent to an Interstate or Primary Highways or Secondary Roads the followings applies:

a. Signs shall not be located within seven hundred and fifty (750) feet of items listed in §§ 1.7(D)(1)(a)(1) through (7) of this Part below, which are adjacent to the highway right-of-way regardless of whether there is direct access from the state-way, including but not limited to those areas being designated and maintained as such by public governmental agencies as follows:

(1) Recreational Public Parks ?

(2) Public Forests ?

(3) Public Playgrounds ?

(4)Scenic Overlooks or Designated Scenic Roadways ?

(5)Bicycle Paths ?

(6) Schools ?

(7)Safety Rest Areas ?

b.In connection with §1.7(C)(1)(a) above, the 750-foot limitation, which will be measured from the property lines of recreational public parks, schools, public forests, safety rest areas, public playgrounds, and bicycle paths will not be interpreted to extend beyond the opposite side of said highway right-of-way. In the case of scenic overlooks, which are constructed so as to utilize the view across said state-way, no sign shall be allowed which obscures the intended view. If there is an existing structure or building other than outdoor advertising within the seven hundred and fifty (750) foot zone, a sign may be erected within said area provided that such sign does not otherwise obstruct the view of the area designated.

c. If an entity with a sign exists within an unzoned area, and said entity ceases to exist or operate for a minimum period of ninety (90) calendar days, said signs would then be considered non-conforming. If the same area becomes zoned, in any designation but commercial or industrial, the sign will remain non-conforming under R.I. Gen. Laws Chapter 24-10.1.

d.Signs that are located in zoned and unzoned commercial and industrial areas and were legally erected in accordance with the laws and regulations in effect at the time of their erection, but do not comply with the criteria contained in § 1.7(A) of this Part may continue to be maintained. All such signs shall be classified as grandfathered non-conforming and must comply with the requirements of § 1.7 of this Part. When highways are added to the Interstate and Primary System, standards contained in § 1.7(A) of this Part, shall apply only to signs erected, in commercial or industrial zones and areas adjacent thereto, subsequent to the date that such state-ways are added to the system ?

e. The minimum distances between signs of two hundred and fifty (250) feet and seven hundred and fifty (750) feet shall be measured along the nearest edge of the pavement between points directly opposite the signs.

f. On-premise signs and other signs authorized and defined by R.I. Gen. Laws § 24-10.1-3(a), (b), and (c) shall not be considered for purposes of measurement. Alleys, undeveloped rights-of-way, private roads and driveways are not intersections, and will not be utilized for measurement purposes. ?

g. No signs may be located on the same side of the state-way within two hundred and fifty (250) feet of a major official guide sign. ?

Spacing of Legal Conforming Signs Adjacent to Interstate Highways and Freeways on the Primary System or Secondary Systems

a. Zoned industrial or commercial area [does not apply to secondary systems] – spacing between signs along each side of the highway shall be a minimum of seven hundred and fifty (750) feet from the sign structure to sign structure. Back-to-back and V-type signs may be erected at single locations. No structure may be located adjacent to or within five hundred (500) feet of an Interchange, exit or entrance ramp, intersection at grade, or a safety rest area. Said five hundred (500) feet to be measured along the edge of pavement along the Interchange, ramp, intersection at grade, or a safety rest area or state-way from the beginning or ending of the pavement widening at the entrance to and exist from the state-way. Said distance limitation shall be measured separately for each direction of travel.

b. Unzoned industrial or commercial area [applies to all systems including secondary systems] – spacing between signs along each side of the state-way shall be a minimum of 1500 feet. Back-to-back and V-type signs may be erected at a single location. No structure may be located adjacent to or within 1000 feet of an Interchange, exit or entrance ramp, intersection at grade, or a safety rest area. Said 1000 feet to be measured along the state-way from the beginning or ending of pavement widening at the exit from or entrance to the state-way.

Spacing of Legal Conforming Signs Adjacent to Secondary Systems Zoned Industrial/Commercial

a. The location of signs shall conform to the following minimum criteria to be applied separately to each side of the secondary system.

(1) Spacing between signs along each side of the secondary system shall be a minimum of two hundred and fifty (250) feet. V-type or back-to-back signs may be erected at a single location, but any such signs shall be at least five hundred (500) feet from any other sign the same side of the secondary system. ?

(2) No sign may be located within one hundred (100) feet of an intersection [unless there is an existing building or structure other than an outdoor advertising structure in said area]. One sign shall be permitted within said area if it does not obstruct the existing view of the intersection to approaching traffic and meets all other rules and regulations herein contained. Distance shall be measured under § 1.7(D)(2)(b) of this Part.

E. Lighting

No sign may be erected or maintained which contains, includes or is illuminated by any flashing, intermittent or moving light or lights, except in the use of public information devices which indicate the correct time and temperature, or other changeable LED message signs or billboards with changeable messages.
No lighting may be used in any way in connection with any sign unless:

a. it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the state-way, or

b. is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver’s operation of a motor vehicle.

The Department has the right to require adjustments to lighting.

F. New Technologies

1.Adjacent to the state-way, no legally conforming signs advertising copy may be converted to Trivision or equivalent technologies unless approved by the Department, and if and when necessary, the Federal Highway Administration. Non-conforming signs do not qualify for conversion and no video shall be allowed. The Department will not allow the conversion of signs utilizing LED technology pending its study of safety issues.

2.If a signs advertisement copy is converted to a type of new technology, the Department may require a percentage of the advertisement copy be dedicated to public service (e.g. Amber Alert).

3.However, in accordance with R.I. Gen. Laws Chapter 24-10.1, for each sign using such technology, two (2) valid permits for signs or billboards of equivalent size shall be required. Provided, further, however, that in the event that a person, firm or corporation does not hold more than one permit, only one permit for signs of equivalent size shall be required.

G. Timing of Messages

1.A sign that is converted to Trivision or equivalent technologies, or message signs, or any other types of signs with changeable messages, shall display said messages for ten (10) continuous seconds or more without interruption. The Department may adjust the timing of messages based on public safety concerns.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-1 § 1.8 Revocation of Legal Non-Conforming Signs

A. There are several ways in which a legal non-conforming sign permit may be revoked:

A legal non-conforming sign that is abandoned or discontinued is a sign that may lose its legal non-conforming status if the sign owner fails to operate the sign ninety (90) calendar days unless receiving prior approval by the Director of the Department of Transportation. Examples are:

a. Obsolete message content on the sign. ?

b. Blanked-out signs void of any message content. ?

c. Signs in need of such substantial repair where replacement costs exceeds twenty-five percent (25%) of the sign’s current fair market value. Repairs must not begin without the prior written approval of the Director of the Department of Transportation. Reasonable repair and maintenance is permitted as prescribed in § 1.9 of this Part.

Destruction of a Legal Non-Conforming Sign. A legal non-conforming sign that is destroyed by Acts of God, such as high winds, lightening, or floods, whose replacement cost exceeds twenty-five percent (25%) of its current fair market value, shall not be re-erected and the permit shall be revoked.
Vandalism: A legal non-conforming sign that is vandalized by criminal or tortious acts may be re-erected with the prior approval of the Director of the Department of Transportation.
Sale, Leasing, Transferring: A legal non-conforming sign may be sold, leased, or otherwise transferred without affecting its status. However, the location, size, spacing, lighting, or duration of the message [if applicable], of the sign shall not be changed, and the sign must have been actually in existence at the time the applicable State law or regulations became effective [May 6, 1966].

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-1 § 1.9 Maintenance of Legal Non-Conforming Signs

A. Customary Maintenance – Legal non-conforming signs must remain substantially the same as they were on the date they became nonconforming. Reasonable repair and maintenance are permitted. Changes to the physical structure on the sign, other than a change of message, must be accomplished in accordance with these Rules and Regulations. These requirements include:

No change in the size of the legal non-conforming sign or the advertising panel. ?
No change in the type of existing structure, including but not limited to a legal non-conforming sign with wooden posts to a monopole.
No addition of lighting, either attached or unattached. ?
No repairs exceeding twenty-five percent (25%) of the replacement cost of the legal non-conforming sign structure subject to these Rules and Regulations. ?

B. The permission to maintain any legal non-conforming sign shall be terminated by:

Abandonment of the sign: A legal non-conforming sign shall be deemed to be abandoned if, for a period of ninety (90) calendar days, it ceased to display advertising content or displays obsolete or obliterated advertising content or for which no rent has been paid to the owner for a six (6) month period or more. Obsolete or obliterated advertising content is advertising matter that does not identify a particular product, service or facility that is currently available to the motorist. If for a period of ninety (90) calendar days, an “available for lease” or similar message that concerns the availability of the sign itself, and which does not constitute advertising matter, is left in place, the legal non-conforming sign may be considered abandoned.
Increase of any dimension of the legal non-conforming sign from its original dimensions (i.e., height, width, length) in existence at the time the applicable Federal and State laws or regulations became effective.
Change of any aspect or character or the increase of the lumens of the lighting or the replacement of the legal non-conforming sign.
Performing maintenance of legal non-conforming signs from within the right-of-way of access-controlled state-ways without the written permission of the Director of the Department of Transportation.
Damage to the legal non-conforming sign from any cause whatsoever, except by willful acts, where the cost of repairing the damage exceeds twenty-five percent (25%) of the replacement cost of such legal non-conforming sign structure and/or where the legal non-conforming sign is at a minimum, twenty-five percent (25%) destroyed on the date of damage will not be replaced. Any legal non-conforming sign structure damaged by criminal or deliberate acts may be replaced upon a showing of the legal non-conforming sign owner that the legal non-conforming sign was so destroyed and upon prior written approval from the Director of the Department of Transportation.
Deterioration of the legal non-conforming sign where the cost of repairing or maintaining the legal non-conforming sign structure exceeds twenty-five percent (25%) of the replacement cost of such legal non conforming sign on the date that the Department determines that the legal non-conforming sign is obsolete.
A legal non-conforming sign may be relocated to a legal conforming location with the prior approval of the Department.

C. Standards for Normal Maintenance and Minor Repairs

Normal maintenance shall include change of message, normal upkeep, and minor repairs.
Minor repairs, once determined by the Department that the cost will not exceed twenty-five percent (25%) of the replacement cost of the legal non-conforming sign shall be completed so as to result in the legal non-conforming sign being in satisfactory condition in the sole judgment of the Department. These repairs must be completed within ninety (90) calendar days from the date of notification the legal non-conforming sign owner to repair, or the legal non- conforming sign or billboard structure will be removed as an illegal sign. ?

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-1 § 1.10 Illegal Signs

A.A sign shall be classified as illegal including but not limited to the following:

If erected in a controlled area where signs are not allowed; or ?
If violates size, lighting or spacing requirements; or ?
If fails to have a proper permit. ?

B.The Department will handle the removal and penalty for Illegal Signs in accordance with R.I. Gen. Laws §§ 24-10.1-7 and 24-10.1-8.

C.Signs advertising activities that are illegal under State, Federal, or Local Laws, or State Regulations in effect at the location of the signs are prohibited.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-1 § 1.11 On-Premise Advertising Signs

A.Pursuant to R.I. Gen. Laws § 24-10.1-9(b), the Director of the Department shall not regulate any on-premise or off-premise non-commercial protected speech contained within any advertising display authorized by these regulations.

B.On-Premise advertising signs may not be required to have a permit under this Part, and may be permissible if they conform to the following rules:

The on-premise advertising sign shall be located within fifty (50) feet of the immediate vicinity of the principal activity.
The on-premise advertising sign shall be located on the same premises as the principal activity or property advertised. Any sign that consist solely of the name of the establishment is an on-premise sign.
The on-premise advertising sign shall have as its purpose:

a.Advertising of the sole and/or principal activity and/or its products being sold and/or services rendered; or

b.Advertising of the sale or lease of property on which the on-premise advertising sign is located, rather than the purpose of general advertising.

c.An on-premise advertising sign identifying the establishments’ principal and/or accessory products and/or services offered on the premises is an on-premise advertising sign.

A “For Sale” or “For Lease” advertising sign which advertises a product or a service located upon and related to the business of selling or leasing the land on which the advertising sign is located, is an on-premise advertising sign.
If any or all portion of a sign advertises

a.Activity or activities conducted on the premises, and/or products or services part of the principal activity

The on-premise advertising sign owner bears the burden of proving, by a preponderance of the evidence, that the advertised activity is conducted on the premises. The following shall be used for determining whether an on-premise advertising sign is located on the same premises as the activity or property advertised.

a. The premises on which an activity is conducted is determined by physical facts rather than property lines, ownership, recorded plats and lots, etc. Generally, it is defined as the improved land occupied by the buildings or other physical uses that are necessary and customarily incident to the activity on a regular basis including such open spaces as are reasonably arranged and designed to be used in connection with such buildings or uses on a regular basis. On-Premise advertising signs shall be no more than fifty (50) feet from said activity.

B.An on-premise advertising sign shall not be located on:

Any land or site, which is not used as an integral part of the principal activity. This would include, but is not limited to, land which is separated from the activity by a state-way or other obstruction, and not used by the activity, and/or extensive undeveloped state-way frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.
Any land or site, which is used for, or devoted to, a separate purpose unrelated to the advertised activity.
Any land or site occupied solely by structures or uses which are only incidental to the principal activity, and which serve no reasonable or integral purpose related to the activity other than to attempt to qualify the land for signing purposes. Generally, these will be inexpensive facilities, included by not limited to; picnics, playgrounds, or camping areas, dog kennels, golf-driving ranges, common or private roadways or easements, walking paths, bicycle paths, fences, and sign maintenance sheds. ?

1.11.1Narrow Strips

A.Where the sign site is located at or near the end of a narrow strip contiguous to the activity, the sign shall not be considered part of the premises on which the activity being advertised is conducted. A narrow strip shall include any configuration of land, which is such that it cannot be put to any reasonable use related to the activity other than for signing purposes. In no event shall a sign site be considered part of the replacement cost premises on which the advertised activity is conducted if it is located upon a narrow strip of land:

which is non-buildable land, such as a swampland, marshland, or other wetland, or ?
which is a common or private roadway, or ?
held by easement or other lesser interest than the premises where the ?advertised activity is located. Exception to the above would be a commercial or industrial complex/park marquee sign. ?

1.11.2On-Premise Advertising Signs Located on Interstate and National Highway System

A.All on-premise signs including but not limited to those located adjacent to those roadways listed in with State Planning, and they must be in compliance with the provisions contained herein, including the following:

No sign panels will exceed a maximum area of one hundred and fifty (150) square feet ?
Signs with new technologies will not be erected without the express written approval of ?the Director of the Department of Transportation ?
Lighting will be in conformance with the provisions provided in § 1.7 of this Part. ?
No sign will block the view of an official directional sign ?
All signs must be a minimum of fifty (50) feet from the state highway line ?
Signs utilizing digital display technology are limited to a continuous ten-second (10) motionless display ?

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-1 § 1.12 Directional, Regulatory, Warning, and Agricultural Signs

A.Directional, Regulatory and Warning Signs are not under the jurisdiction of these Rules and Regulations. The erection and maintenance of these types of signs will be referred to and are under the jurisdiction of the Department’s Traffic Engineering Section, and are in conformance with the MUTCD, incorporated in § 1.3 of this Part.

B.No rule or regulation of the Department of Transportation shall be enforced against any agricultural operation to prevent it from placing a seasonal directional sign or display on the state’s right-of-way, on the condition that that sign or display conforms with the local zoning ordinance, and that sign or display is promptly removed by the agricultural operation upon the conclusion of the season for which said sign or display was placed, in accordance with R.I. Gen. Laws § 2-23. ?

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-1 § 1.13 Reclassification of Signs ?

The Department reserves the right to reclassify signs which are legally conforming that become legal non-conforming [and vice versa] due to revisions in the Federal Law, State Law, and/or Rules and Regulations, and/or change in business activity, and/or re-zoning by proper authority, and/or change in state-way configuration. ?

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-1 § 1.14 Permit Process

A.All signs lawfully erected [which include both conforming and non-conforming signs] require a permit and a panel identification number. Permits are issued to site-specific locations. Permits are issued under this application process will expire on December 31st in the year in which they were issued, unless sooner revoked for cause [outlined in these Rules and Regulations] by the Department. No permits shall be transferred or assigned to another entity without the approval of the Department.

B. Requirements for a Permit Application

1.A separate application for a permit shall be made for each separate sign, as so defined in these Rules and Regulations on a form furnished by the Department; which application shall be signed by the applicant or the applicant’s representative duly authorized in writing, to act for the applicant.

2.The following items shall be required for the permit application process:

a. written proof of legal control through the calendar year, and/or ownership of the real property [footprint of the sign] upon which the sign is located [i.e. lease, rental agreement, deed, etc.];

b. written proof of legal control through the calendar year and/or ownership of the sign [i.e. lease, rental agreement, bill of sale];

c. written proof of insurance with language indemnifying and naming the State of Rhode Island as co-insured where applicable [if the sign is located on State-owned property];

d. name and address of the present legal owner of the real property on which the sign is located;

e. Assessor’s Plat and Lot Number of the real property upon which the sign is located;

f. name and address of the present sign owner.

The Permit Rate Structure shall be as follows:

Structure

Rate

72 square foot stagnant signs ?

$200 per panel

300 and 672 square foot stagnant signs

$450 per panel

Changeable Message Sign /Mechanical [any size]

$1,300 per panel

Changeable Message Sign /Electronic [any size] ?[Also Includes Any Other New Technology]

$2,000 per panel

a. Fees are charged on a per panel basis, and shall be paid in the form of a non-refundable check made payable to the “General Treasurer, State of Rhode Island.” Applications for a new sign location shall have a non-refundable fee of $100. If the application is approved for a new location, the fee schedule above shall determine the cost of the permit.

The Department may respond to a completed application within a reasonable time, not to exceed sixty (60) calendar days. However, if it is found that the information in the application is incomplete or incorrect, the Department reserves the right to suspend the sixty (60) calendar day response time until all required information is submitted, reviewed, and found to be complete. Only at that time will the Department be held to the sixty (60) calendar day response time.

B. Revocation of Permit

1.The Department of Transportation shall have the right after thirty (30) calendar days notice, in writing, to the permit holder, to revoke any permit granted if the sign fails to comply with these Rules and Regulations, Federal or State Laws that pertain to the governing of signs. If within the thirty (30) calendar day period the permit holder amends the sign to conform to these Rules and Regulations, Federal or State Laws that pertain to the governing of signs, the revocation will be suspended. The Department will revoke immediately any permit whose sign message content resembles a traffic, directional or official guide sign or illegal content. ?

C. Identification of Sign

1.Every sign erected under these Rules and Regulations shall be erected in the exact location described on the permit and shall have a clearly visible permit number; said number to be not less than two (2) inches in height for signs closer than one hundred and fifty (150) feet from the nearest edge of the right-of-way, and four (4) inches in height for signs located beyond one hundred and fifty (150) feet from the nearest edge of the right-of-way and are to be placed on the furthest left support post, two and one-half (2.5) feet from the bottom of the sign; provided; however, that wherever signs are erected on a single post, the number shall be placed on the face of the post under the sign. All signs having been issued a permit shall bear the clearly visible imprint of the permit number.

2.The Department will assign panel numbers for each sign panel. Each panel number shall be clearly visible, and shall not be less than two (2) inches in height for signs closer than one hundred and fifty (150) feet from the nearest edge of the right-of-way, and four (4) inches in height for signs located beyond one hundred and fifty (150) feet from the nearest edge of the right-of-way and are to be placed on the furthest left support post, two and one-half (2.5) feet from the bottom of the sign; provided; however, that wherever signs are erected on a single post, the number shall be placed on the face of the post under the sign.

E. Appeal

Any applicant aggrieved by a final written decision of a subordinate official of the Department of Transportation, may within thirty (30) calendar days after receipt of said written decision, appeal, in writing, to the Director.?
Any applicant aggrieved by a final written decision of the Director, may within thirty (30) calendar days after receipt of said written decision, appeal to the Superior Court in Providence County by filing a complaint pursuant to R.I. Gen. Laws § 42-35-15.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-11-28 to 01/04/2022
Amendment — effective from 2007-03-25 to 11/28/2018
Periodic Refile — effective from 2003-04-01 to 03/25/2007
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Periodic Refile — effective from 2003-03-13 to 04/01/2003
Technical Revision — effective from 2002-03-18 to 03/13/2003
Periodic Refile — effective from 2002-01-02 to 03/18/2002

290-RICR-30-00-2 Rules and Regulations Regarding the Accessibility of Sidewalks For People Who Are Disabled

290-RICR-30-00-2 § 2.1 Authority

These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws § 42-13-1, which relate to Powers of the Director of the Department of Transportation, and in accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures, as amended.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Amendment — effective from 2004-08-30 to 05/28/2018
Periodic Refile — effective from 2002-01-02 to 08/30/2004

290-RICR-30-00-2 § 2.2 Purpose

The purpose of these Rules and Regulations is to establish standards for the construction and maintenance of sidewalks and curbs which will make sidewalks abutting public highways more easily accessible to people who are disabled and in conformance with Title II of the Americans With Disabilities Act of 1990 (ADA) and its implementing regulations, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) (28 C.F.R. Part 36) Section 504 of the Rehabilitation Act of 1973, as applicable, the ADA Amendments Act of 2008 and the State Building Code (2010) by reference and only to the extent that the provisions therein are not inconsistent with these regulations. Nothing in these Regulations shall be construed to enlarge the responsibility of the State of Rhode Island regarding the construction and maintenance of sidewalks which is currently set forth in R.I. Gen. Laws Chapters 24-5 and 24-8.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Amendment — effective from 2004-08-30 to 05/28/2018
Periodic Refile — effective from 2002-01-02 to 08/30/2004

290-RICR-30-00-2 § 2.3 Incorporated Materials

A.These regulations hereby adopt and incorporate the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG), 28 C.F.R. § 36 (2017), by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

B.These regulations hereby adopt and incorporate the Public Rights-of-Way Accessibility Guidelines (PROWAG) (2011) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Amendment — effective from 2004-08-30 to 05/28/2018
Periodic Refile — effective from 2002-01-02 to 08/30/2004

290-RICR-30-00-2 § 2.4 Accessibility Standards

A.In addition to the specifications found in R.I. Gen. Laws Chapter 24-8, sidewalks and curbs hereinafter constructed or altered in a manner that affects their usability, shall conform to the Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) (28 C.F.R. § 36, Appendix A) and the State Building Code.

B.Once constructed, said curbs and sidewalks shall be maintained to the maximum extent feasible by city or town in which they are located in a manner accessible and usable by people who are disabled, including removal of snow, ice or sand. This Section does not prohibit isolated or temporary interruptions in access due to maintenance or repair, provided that alternative pedestrian access is provided.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Amendment — effective from 2004-08-30 to 05/28/2018
Periodic Refile — effective from 2002-01-02 to 08/30/2004

290-RICR-30-00-2 § 2.5 Violations

A complaint for violation of these Rules and Regulations may be filed with the Rhode Island Department of Transportation’s ADA Coordinator in accordance with the ADA Complaint Procedure located on the RIDOT website at http://www.dot.state.ri.gov under the heading “Doing Business with Us”, and the subheading of “Civil Rights”.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Amendment — effective from 2004-08-30 to 05/28/2018
Periodic Refile — effective from 2002-01-02 to 08/30/2004

290-RICR-30-00-3 Control of Junkyards

290-RICR-30-00-3 § 3.1 Authority

These rules and regulations are promulgated pursuant to the provisions of R.I. Gen. Laws Chapter 24-14 and 23 C.F.R. § 751.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-01-17 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 01/17/2018

290-RICR-30-00-3 § 3.2 Purpose

The purpose of these Rules and Regulations is to control the establishment, operation and maintenance of junkyards to all areas within 1,000 feet of the nearest edge of the right of way and visible from the main traveled way of the Interstate and Federal aid primary system of highways in the State of Rhode Island. .

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-01-17 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 01/17/2018

290-RICR-30-00-3 § 3.3 Incorporated Materials

A.These regulations hereby adopt and incorporate the American Nurserymen’s Association “American Standard for Nursery Stock” (2014) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

B.These regulations hereby adopt and incorporate the American Joint Committee on Horticultural Nomenclature “Standardized Plant Names” (1923) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-01-17 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 01/17/2018

290-RICR-30-00-3 § 3.4 Definitions

A.For the purposes of these Rules and Regulations, the following terms shall have the following meaning:

1."Department" means the Department of Transportation of the State of Rhode Island.

2."Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

3."Junkyard" means establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile junkyard and the term shall include garbage dumps and sanitary fills.

a."Automobile junkyard" means any establishment or place where one or more unserviceable, discarded, worn out or junked automobiles, or bodies, engines, tires, parts or accessories are gathered together.

b. "Illegal junkyard" means a junkyard which was established or is maintained in violation of the State law, Rules and Regulations, or local law or ordinance.

c.“Nonconforming junkyard” means a junkyard which was lawfully established, but which does not comply with the provisions of subsequent State law or regulations or which later fails to comply with law or regulations due to changed conditions.

"Main-traveled way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways or parking areas.
"Municipality" means a city or town in the State of Rhode Island.
"Primary system" means that portion of connected main highways, as officially designated, or as may hereafter be so designated by the Director of Transportation, and approved by the U.S. Secretary of Commerce, pursuant to the provisions of 23 U.S.C., Highways.
"Right-of-way" means the easement in or property acquired by the public through the Department of Transportation or its predecessors for the purposes of highway construction, safety rest areas, landscaping or any other purpose incidental to highway travel.
"Scrap Processing Facility" means any establishment having facilities for processing iron, steel, non- ferrous scrap, mineral wastes or slag, and whose principal produce is scrap iron, steel, or nonferrous scrap for sale for remelting purposes only.
"Screening" means the use of any vegetative planting, fencing, ornamental wall of masonry, or other architectural treatment, earthen embankment, or a combination of any of these which will effectively hide from view any deposit of junk from the main traveled way.10. "Visible" means capable of being seen without visual aid by a person of normal visual acuity.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-01-17 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 01/17/2018

290-RICR-30-00-3 § 3.5 Responsibility for Screening and Fencing

A.Junkyards established subsequent to May 6, 1966, or if later, the date on which the highway became part of the Interstate or Federal-aid primary system of highways, and located in areas subject to control by the Act and as contained in this Part must provide for adequate screening located off the highway right-of-way and at the expense of the person owning the junkyard. Screening must be of a type approved by the Department. Those junkyards that cannot be adequately screened shall be relocated at owner’s expense.

B.The owner or owners or any junkyard or scrap processing facility shall submit a plan drawn to scale indicating how screening is to be accomplished. Such plan shall show the construction details of the screening to be used. When fencing is used alone or in combination with plant material, the results shall provide immediate screening. When planting is used along or in combination with an earthen embankment, the number, type, size and spacing of the plants shall be capable of screening the junk entirely from view. The ability of the proposed plant material to accomplish this goal shall be judged by the Department.

C.The screening shall be located on the owner’s land and not on any part of the highway right-of-way.

D.The screen shall be in place prior to the time the junk is deposited.

E.At no time after the screen is established shall the junk be stacked high enough to be visible above the screen. No junk shall be placed outside of the screened area.

F.Fences must be located in such a manner as to not be hazardous to the traveling public.

G.The construction of fences shall be uniform and no patchwork type of construction shall be permitted.

H.Fences shall be painted where the composition is such that painting is required. The paint used shall be of such color so as to blend into the environs of the highway right-of-way.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-01-17 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 01/17/2018

290-RICR-30-00-3 § 3.6 Acceptable Fencing Materials

A. Subject to the approval of the Department, acceptable fencing shall include fences of steel or other metals, durable woods such as heart cypress, redwood, or other wood treated with a preservative, or walls of masonry. Some of the types acceptable are:

1.Chain link type with aluminum, steel, plastic, or wooden slat inserts so as to prevent visibility through the fence.

2.Wooden types of basket weave, palisade, louver, or other suitable design.

3.Walls of masonry including plain or ornamental concrete block, block, brick, stone, or other suitable masonry material.

4.Any other design of fencing constructed of other materials may be submitted for consideration.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-01-17 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 01/17/2018

290-RICR-30-00-3 § 3.7 Plant Material

A. Plant materials indicated on the plans shall specify the botanical name of the plant materials used, the size at the time of planting, and the spacing between plants. All plant material shall be predominately evergreen and approved by the Department.

B. The requirements for grading, ball size, etc. for specific nursery stock used should be in accordance with the American Nurserymen’s Association’s “American Standard for Nursery Stock,” incorporated above at § 1.4(A) of this Part.

C.Scientific and common names of plants shall be in conformity with the approved names in “Standardized Plant Names” prepared by the American Joint Committee on Horticultural Nomenclature, incorporated above at § 1.4(B) of this Part.

D.Certificates of inspection of plant materials required by federal, state or other authority including any Rhode Island Department of Environmental Management licenses shall be procured prior to planting.

E. The minimum size of plant material at the time of planting shall be as follows:

1.Shade trees: 1” – 1 ½” caliper (Decidious)

2.Multi-stem trees: 4’ – 5’ in height (Hawthorn, crape myrtle, etc.) Evergreen trees: 4’ – 5’ in height (Pinus, magnolia, etc.)

3.Evergreen shrubs: 2 ½’ – 3’ in height (including eleagnus, abelia, etc.)

F.Planting plans shall show plant pit size, back fill material used, planting and staking details.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-01-17 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 01/17/2018

290-RICR-30-00-3 § 3.8 Maintenance

The owner or owners of any junkyard shall maintain the screening established initially, doing such painting and repairs to keep any fences, walls or other structural material in good appearance. Plant material shall be watered, cultivated, or mulched, and given any required maintenance including spraying for insect control, to keep the planting in a good healthy condition. Dead plant material will be removed immediately and shall be replaced during the next spring or fall planting season following death. The replacement plants shall be at least as large as the initial planting.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-01-17 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 01/17/2018

290-RICR-30-00-3 § 3.9 Extension of Junkyards Screened by the Department

The owner or owners of any junkyard lawfully in existence on May 6, 1966, and which has been screened from view of the highway by the Department may not extend the deposit of junk beyond such screening so as to be visible from the main traveled way of the highway. Any such extension shall be screened by owner at his own expense and such screening shall be subject to these rules and regulations. Piling of junk above planned height of screening established by the Department is prohibited.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-01-17 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 01/17/2018

290-RICR-30-00-3 § 3.10 Maintenance of Nonconforming Junkyards

A. The right to continue a nonconforming junkyard is not confined to any one individual or corporation so using the land. Thus, a nonconforming junkyard may be sold, leased, or otherwise transferred without affecting its status.

B. The nonconforming junkyard may continue as long as it is not extended, enlarged, or changed in use. Once a junkyard has been made conforming, the placement of junk so that it may be seen above or beyond a screen, or otherwise becomes visible, shall be treated the same as the establishment of a new junkyard.

C. The right to maintain a nonconforming junkyard shall be terminated if, if it becomes abandoned, worthless or its location is changed.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-01-17 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 01/17/2018

290-RICR-30-00-3 § 3.11 Noncompliance

A. The Department shall inspect all junkyards periodically to ensure that they are being operated in accordance with applicable rules and regulations pertaining to junkyard control, and shall require that fences or plant material be maintained in such a manner as to accomplish the objective of this Part. If the inspection discloses that the junkyard is being operated in violation of these rules and regulations, the owner shall be informed in writing, by registered mail, stating the violation and instructing him to make the necessary corrections with 30 days from the date of the letter.

B.If the owner fails to take corrective action within 30 days, copies of all pertinent information will be submitted to the Department’s Office of Legal Counsel with the request that they make application to the Superior Court for an injunction to abate the nuisance.

C.Failure to comply with this Part will result in the penalties prescribed in R.I. Gen. Laws § 24-14-9.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-01-17 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 01/17/2018

290-RICR-30-00-4 Rules and Regulations Governing Pothole Claims

290-RICR-30-00-4 § 4.1 Authority

These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws §§ 42-13-1(b) and 24-8-35, and in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-15 to 01/04/2022

290-RICR-30-00-4 § 4.2 Purpose

The purpose of these Rules and Regulations is to establish a procedure which allows recovery for damage incurred to motor vehicles by reason of a pothole on any state highway, causeway, or bridge, up to and not exceeding the sum of three hundred dollars ($300.00).

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-15 to 01/04/2022

290-RICR-30-00-4 § 4.3 Definitions

A.For the purposes of these Rules and Regulations, the following terms shall have the following meaning:

"Claim" means written request for compensation for damage incurred to a motor vehicle caused by a pothole, up to and not exceeding the sum of three hundred dollars ($300.00), as defined in R.I. Gen. Laws § 24-8-35.
"Department" means the Department of Transportation through its Highway and Bridge Maintenance Division.
"Final Agency Decision" means the decision of the Director of the Rhode Island Department of Transportation, as indicated by the Highway and Bridge Maintenance Division notice of approval or denial of claim.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-15 to 01/04/2022

290-RICR-30-00-4 § 4.4 Procedure for Filing a Pothole Claim

A. Claims must be submitted to:

Department of Transportation Highway and Bridge Maintenance Attn: Pothole Claims, 360 Lincoln Avenue, Warwick, RI 02888

B.Claims must be submitted by the registered owner and post marked or received within seven (7) days from the date on which the damage was incurred.

C. Claimant must furnish the following documentation:

1.Description of the exact, verifiable location of the pothole encountered (closest pole or street address, direction of travel, lane identification, etc.); and

Date and time damages incurred; name, address, and telephone number of all witnesses; and
If the motor vehicle is registered in another state, a copy of a statute in the state of registry, comparable to R.I. Gen. Laws § 24-8-35, which affords similar protection to persons owning motor vehicles registered in Rhode Island; and
Copy of police report, police complaint, tow report, auto club report, or equivalent documentation; and
Copy of the motor vehicle registration, and in the case of a leased vehicle, a copy of the vehicle lease or insurance certificate documenting the contractual relationship between the claimant and registered owner; and
Copies of itemized receipts and proof of payment for repairs or replacement with current odometer reading noted.
All documentation noted in items 3 – 6 must be submitted within sixty (60) days from the date on which the damage was incurred.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-15 to 01/04/2022

290-RICR-30-00-4 § 4.5 Evaluation of Claims

A. The Department is responsible for evaluating claims according to the following criteria:

The claim must be postmarked or received within seven (7) days from the date on which the damage was incurred, and all documentation noted in § 4.4(C) of this Part must be submitted within sixty (60) days from the date on which the damage was incurred; and
The existence of a pothole at the location described must be verified by the Department; and

3.Responsibility for the existence of the pothole must be fixed solely and exclusively on the Department and not another agency or private party; and

4.The pothole must be reasonably construed as the sole and proximate cause of the damage; and

Damage to a motor vehicle registered in another state will not be considered unless the state of registry has a statute affording similar protection to persons owning motor vehicles registered in Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-15 to 01/04/2022

290-RICR-30-00-4 § 4.6 Processing Claims

A. The Department will deny any claim not meeting the criteria described in § 4.5 of this Part.

B. The Department will review the merits of the claim and if approved, assess damages based upon actual paid receipts for repair or replacement, adjusted for depreciation.

C. The Department will issue a Final Agency Decision, approving or denying the claim; if approved, the claimant will receive a General Release, Affidavit and a W-9/IRS for completion.

D. Throughout the processing of a claim, the claimant has the responsibility to respond in a timely manner to requests for information or documentation. Failure of a claimant to provide such information or documentation within the time frame specified may result in closure of the claim file without further notice to the claimant.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-15 to 01/04/2022

290-RICR-30-00-05 Practice and Procedure Relative to Contesting Unjust Administrative Actions Against Individuals and Small Businesses

290-RICR-30-00-05 § 5.1 Authority

The Part herein contained are promulgated pursuant to R.I. Gen. Laws § 42-92-4.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

290-RICR-30-00-05 § 5.2 Purpose

To describe the process for individuals and small businesses to seek be reimbursed for a successful contestation against RIDOT administrative actions that they believe to be unfair or unjust.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

290-RICR-30-00-05 § 5.3 Definitions

A.For the purposes of this Part, the following terms shall have the following meaning:

"Adjudicative officer" means the presiding officer or deciding official who presides at the adversary adjudication.
"Adjudicatory proceeding" means any proceeding conducted by or on behalf of the Department, whether administratively or quasi-judicially, which may result in the loss of benefits, the imposition of a fine, the denial, suspension or revocation of a license, or permit, or which may result in the compulsion or restrictions of the activities of a party.

3."Department" means the Department of Transportation, including any board, commission, or officer of the Department authorized by law to make rules or to determine contested cases; to bring any action at law or in equity.

"Party" means any individual whose net worth is less than five hundred thousand dollars ($500,000) at the time the Adjudicatory proceeding was first initiated; and, any individual, partnership, corporation, association, or private organization doing business and located in the state, which is independently owned and operated, not dominant in its field, and which employ one hundred (100) or fewer persons at the time the Adjudicatory proceeding was initiated.
"Reasonable Litigation Expenses" means those expenses which were reasonably incurred by a party in Adjudicatory proceedings, including but not limited to, attorney's fees, witness fees of all necessary witnesses, and other such costs and expenses as were reasonably incurred, except that:

a.The award of attorney's fees may not exceed one hundred fifty dollars ($150.00) per hour;

b.No expert witness may be compensated at a rate in excess of the highest rate or compensation for experts paid by this state; and

6."Substantially Justified" means that the initial position of the Department, as well as the Department's position in the proceeding, has a reasonable basis in law and fact.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

290-RICR-30-00-05 § 5.4 Procedures Governing Applications for Awards of Litigation Expense

A.Any eligible party who intends to file a claim for an award of reasonable litigation expenses if it prevails, shall notify the director of the Department conducting the Adjudicatory proceeding by certified mail, within thirty (30) days after the date the proceeding is concluded.

B.All claims for an award of reasonable litigation expenses shall be made on an application form to be supplied by the Department rendering the decision or order, and shall be filed with the Department within thirty (30) days of the conclusion of the Adjudicatory proceeding which gives rise to the right to recover such an award. The proceeding shall be deemed to be concluded when the agency or Adjudicative officer renders a ruling or decision.

1.Eligible parties must provide:

a.Their name;

b.Address;

c.Name and address of their attorney;

d.Summary of their claim (legal basis for claim);

e.List of witnesses applicant expects to call to substantiate claim;

f.List in detail litigation expenses incurred by applicant in the Adjudicatory proceedings and attached all relevant bills, invoices, affidavits and other documents necessary to substantiate application; and

g.Notarized signature.

C.The Adjudicative officer may, in his or her discretion, permit a party to file a claim out of time upon a showing of proof and finding by such administrative officer that good and sufficient cause exists for allowing a claim to be so filed, and that such action will not substantially impede the adjudication of substantive issues.

D. All claims filed pursuant to this Part shall conform to the general filing requirements of the Department and shall contain:

1.A summary of the legal and factual basis for filing the claim;

2.A list of witnesses, if any, that the claimant expects to be called to substantiate the claim if a separate hearing on said claim is conducted by the Department;

3.A detailed breakdown of the reasonable litigation expenses incurred by the party in the Adjudicatory proceeding, including copies of invoices, bills, affidavits, or other documents all of which may be supplemented or modified at any time prior to the issuance of a final decision on the claim by the Adjudicative officer;

4.A notarized statement swearing to the accuracy and truthfulness of the statements and information contained in the claim, and/or filed in support thereof.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

290-RICR-30-00-05 § 5.5 Allowance of Awards

A.Whenever a party which has provided the Department with timely notice of the intention to seek an award of litigation expenses as provided in these rules, prevails in contesting an agency action, and the Adjudicative officer finds that the Department was not Substantially justified in:

1.The actions leading to the proceedings; and

2.In the proceeding itself: an award shall be made of reasonable litigation expenses

B.The decision of the Adjudicative officer to make an award shall be made a part of the record, shall include written findings and conclusions with respect to the award, and shall be sent to the claimant, unless the same is represented by an attorney, in which case the decision shall be sent to the attorney of record.

1.No other agency official may review the award.

C.Fees and other expenses awarded, shall be paid by the agency from any sums available to the agency.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

290-RICR-30-00-05 § 5.6 Disallowance of Awards

A.No award of fees or expenses may be made if the Adjudicative officer finds that the agency was Substantially justified in the actions leading to the proceeding and in the proceeding itself.

B.The adjudicative officer may, at his or her discretion, deny fees or expenses if special circumstances made an award unjust.

C.Notice of the decision disallowing an application for an award of fees and expenses shall be sent to the party by the agency via regular mail, provided however, that if the party is represented by an attorney said notice shall be sent by regular mail to the attorney of record.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

290-RICR-30-00-05 § 5.7 Appeals

Any party aggrieved by the decision to award reasonable litigation expenses may bring an appeal to the court having jurisdiction to review the merits of the underlying decision of the agency adversary adjudication in the manner provided by the Administrative Procedures Act, R.I. Gen. Laws § 42-35-15.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

290-RICR-30-00-05 Practice and Procedure Relative to Contesting Unjust Administrative Actions Against Individuals and Small Businesses

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2017-12-13 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 12/13/2017

290-RICR-30-00-6 Access to The Public Records of the Rhode Island Department of Transportation

290-RICR-30-00-6 § 6.1 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 38-2-3(d).

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-09-27 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 09/27/2018

290-RICR-30-00-6 § 6.2 Purpose

A.The purpose of this regulation is to set forth procedures applicable to the Access to Public Records, R.I. Gen. Laws Chapter 38-2, maintained by the Department of Transportation.

B.To facilitate open and transparent government at the Department, while balancing privacy rights of the public, employees and vendors of the State.

C.To recognize the public’s right to access public records while balancing an individual’s right to dignity and privacy.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-09-27 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 09/27/2018

290-RICR-30-00-6 § 6.3 Definitions

A.For the purposes of these Rules and Regulations, the following terms shall have the following meaning:

1.“APRA” means the Rhode Island Access to Public Records Act, R.I. Gen. Laws § 38-2-1 et. seq.

2.“Department” means the Rhode Island Department of Transportation

3.“Chief administrative officer” means the Director of the Department of Transportation

4."Public record” or “Public records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by the Department of Transportation, subject to the exemptions listed in § 6.5 of this Part.

5.“Request” means a submission asking for specific Records to be provided in accordance with the provisions and process stated herein.

6.“Requestor” means a person or entity making a Request for Records to the Department.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-09-27 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 09/27/2018

290-RICR-30-00-6 § 6.4 Procedure for Requesting Public Records

A.A request for inspection or copying of public records must reasonably describe the records sought in a way that will permit their identification and location by Department personnel. It is suggested that a request be submitted through one (1) of the following means:

1.Electronically through the Access to Public Records Page of the State of Rhode Island's Transparency Portal

2.Mailed to: Office of Legal Counsel, Department of Transportation, 2 Capitol Hill – Room 218, Providence, Rhode Island 02903

3.Emailed to: [email protected]

4.Faxed to: (401) 222-4226

5.Phone: (401) 222-6510

B. If the description of records sought in the request is not sufficient to allow the Department to identify and locate the requested records, the Department will notify the requester that additional information is needed.

C.A requestor can choose the format in which to receive records provided that the Department can provide them.

D.A requestor is not required to offer personally identifiable information nor an explanation for a request.

E. The Department will make every reasonable effort to honor the request within ten (10) business days of receipt by providing the Records.

F. Nothing herein shall be construed as requiring the Department to reorganize, consolidate, or compile data not otherwise maintained by the Department in the form requested.

G.If the record is not made available for inspection, the requestor will be notified of the reason(s) for denial within ten (10) business days of such request.

H.If the Department needs additional time to retrieve documents, the Department must explain in writing why more time is needed. In such cases, the Department may have up to an additional twenty (20) business days to comply with the request if it can demonstrate that:

1.The request is voluminous in nature or,

2.The number of requests for records pending or,

3.The difficulty in searching for and retrieving or copying the requested records, is such that additional time is necessary to avoid imposing an undue burden on the public body.

I.Individuals or entities making a request for Records, are encouraged to visit the RIDOT website to check whether the requested Records are available online.

J.It is highly recommended, but not required to use RIDOT's standard request form posted on our website.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-09-27 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 09/27/2018

290-RICR-30-00-6 § 6.5 Inspection of Records

A.If a Requestor wishes to inspect Department Records and does not wish to be provided with copies, the Department will send instructions to set up an appointment for a time to inspect the Department records that are not otherwise exempt from public disclosure or are currently in use. The Department does not have a copy machine available for use by the public to make copies.

B.In accordance with R.I. Gen. Laws § 38-2-3(f), as amended, if a public Record is in active use or in storage and, therefore not available at the time the individual or entity requests access, the Department will inform the requestor and make an appointment to examine such Records as expeditiously as the Records may be made available. After the person is advised that the Records are available, he/she can make an appointment to inspect the Records at the Department during the business hours of 8:30 a.m. and 3:30 p.m., Monday through Friday, by calling the Office of Legal Counsel at (401) 222-6510.

C.All the provisions stated herein shall apply equally for a Request for inspection of the original Records.

D. The Department’s Office of Legal Counsel shall supervise the Requestor’s inspection of Records. No original Records shall be removed from the location of inspection by the Requestor. This procedure is necessary to prevent the misplacement or unauthorized removal of Records or any other action which may impair the integrity of Records.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-09-27 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 09/27/2018

290-RICR-30-00-6 § 6.6 Costs

A.Consistent with APRA, the Department may charge a fee for copying and/or search and retrieval of requested Records. The Department may charge no more than $0.15 per copied or scanned page. Multiple Requests by the same Requestor within a 30 day time period shall be added together for calculating of cost purposes. The Department may also charge no more than $15.00 per hour for the search and retrieval time required to respond to a Request, whether the Request seeks copies of Records or seeks to inspect original Records.

B.There is no charge for the first hour of search and retrieval time. Search and retrieval time shall include the time to: research, compile, review and redact potential Records which contains information, in whole or in part, that may be exempt from disclosure.

C.The Department may charge for the actual cost for providing certain medium, (e.g. a CD/ROM or flash drives for electronic records) and the cost of mailing in the event the Requestor chooses this method of delivery.

D.The Department will provide the Requester with an estimate of the copying, search and retrieval costs prior to responding to the Request.

E.If the request is estimated to require more than ten (10) hours of research and retrieval time, the Department may require prepayment and/or a deposit prior to proceeding with the Request. The Department shall, however, charge the actual costs for copies, search and retrieval time, which shall be paid in advance to the “RI General Treasurer” and submitted in accordance with the instructions provided by the Department for the records to be provided to the Requestor.

F.A court may reduce or waive the fees for costs charged for search or retrieval in accordance with R.I. Gen. Laws § 38-2-4(e).

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-09-27 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 09/27/2018

290-RICR-30-00-6 § 6.7 Appeals

A.Any person or entity denied the right to inspect a Record of a public body may petition the Department’s chief administrative officer for a review of the determinations made by his or her subordinate. All appeals to the Chief Administrative Officer at the Department shall be directed to:

Director of Rhode Island Department of Transportation

Department of Transportation

c/o Office of Legal Counsel

2 Capitol Hill, Rm. 220

Providence, RI 02903

B.The chief administrative officer shall make a final determination within ten (10) business days after the submission of the appeal. In accordance with APRA, the Requestor may then file a complaint with the Rhode Island Office of the Attorney General or by statute retain private counsel and seek relief in the Superior Court of the county where the record is maintained.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-09-27 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 09/27/2018

290-RICR-30-00-7 Petition For Promulgation of Rules and Declaratory Orders

290-RICR-30-00-7 § 7.1 Authority

The following rules are promulgated to administer R.I. Gen. Laws. §§ 42-35-6 and 42-35-8.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-15 to 01/04/2022

290-RICR-30-00-7 § 7.2 Purpose

The purpose of these Rules are to prescribe conditions under which the Rhode Island Department of Transportation will consider the promulgation, amendment, repeal or declaration of any rule.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-15 to 01/04/2022

290-RICR-30-00-7 § 7.3 Petitions for Promulgation (Rule Making), Amendment or Repeal

A.Any interested person may petition the Agency Director requesting the promulgation, amendment or repeal of any rule.

B.All petitions shall be considered by the Director, and the Director may order a hearing for the further consideration and discussion of the requested promulgation, amendment, repeal or modification of any rule.

C.The Director shall notify the petitioning party, within 30 days of the disposition of the petition.

D.Petition Disposition

1.Denial of petition with specific reasons for denial or

2.Rulemaking process begins

7.3.1Petition Form

A.At the top of the page shall appear the wording "Department of Transportation". On the left side of the page below the foregoing, the following caption shall be set out: "In the Matter of the Petition of (name of petitioning party) for (state whether promulgation, amendment or repeal) of Rule (or Rules.)" Opposite the foregoing caption shall appear the word "Petition."

B.The body of the petition shall be set out in numbered sections.

1.The first section shall state the name and address of the petitioning party and whether petitioner seeks the promulgation of new rule (or rules) or amendment or repeal of existing rules or rules.

2.In the second section, in case of a request for the promulgation of a rule, the requested or proposed rule must be set out in full. Where the petition requests the amendment or repeal of a rule presently in effect, the rule or portion of the rule in question must be set out as well as a suggested amended form, if any.

3.The third section must include all the reasons for the proposal of the petitioner together with briefs of any applicable law.

C.Petitions shall be dated and signed by the person or entity named in the first section or by his attorney.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-15 to 01/04/2022

290-RICR-30-00-7 § 7.4 Petitions for Declaratory Order

A.As prescribed by R.I. Gen. Laws § 42-35-8, any interested person may petition the Agency Director for a declaratory order.

B.The Director shall consider the petition and within sixty (60) days the Director shall:

1.Issue a declaratory order; or

2.Promptly decline to issue the order, informing the interested person the reasons for such; or

3.Schedule the matter for further consideration and give reasonable notice to the petitioner.

C.If such a hearing as provided in § 7.4(A)(3) in this Part, is conducted, the Agency Director shall, within sixty (60) days:

1.Issue a declaratory order; or

2.Decline to issue a declaratory order including reasons for such order.

7.4.1Forms

A.At the top of the page shall appear the wording, "Department of Transportation".

B.On the left side of the page below the foregoing the following caption shall be set out: "In the Matter of the Petition of (name of petitioning party) for a Declaratory Ruling." Opposite the foregoing caption shall appear the word "Petition".

C.The body of the petition shall be set out in numbered sections.

1.The first section shall state the name and address of the petitioning party.

2.The second section shall state all rules and statutes that may be brought into issue by the petition.

3.Succeeding sections shall set out the state of facts relied upon.

4.The concluding sections shall contain the requests for assistance of the petitioner.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-15 to 01/04/2022

290-RICR-30-00-8 Public Participation for Federal Highway Projects

290-RICR-30-00-8 § 8.1 Purpose

A.The purpose of these rules is to carry out the intent of Federal Highway Administration (FHWA) regulation 23 C.F.R. § 771.111(h)(1) requires each state receiving federal highway aid to enact procedures approved by the FHWA to carry out a public involvement, public hearing program to satisfy the requirements of the National Environmental Policy Act (NEPA) and regulations promulgated under NEPA by the Council on Environmental Quality.

B.These regulations establish minimum standards for public participation during project development for federal aid highway projects governed by NEPA.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-22 to 01/04/2022
Amendment — effective from 2018-03-22 to 03/22/2018
Periodic Refile — effective from 2002-01-02 to 03/22/2018

290-RICR-30-00-8 § 8.2 Authority

These rules are promulgated pursuant to the National Environmental Policy Act 23 C.F.R. § 771.111(h)(1), et. seq. These regulations are applicable to all federal aid highway projects which are being funded in whole or in part by the Federal Highway Administration. These regulations should be read in harmony with that federal regulation.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-22 to 01/04/2022
Amendment — effective from 2018-03-22 to 03/22/2018
Periodic Refile — effective from 2002-01-02 to 03/22/2018

290-RICR-30-00-8 § 8.3 Definitions

A."Annual program of projects" means a list of federal aid highway projects which is submitted by the Department annually to the Federal Highway Administration (FHWA) for approval. Every project included on the list must also be included on the Transportation Improvement Program (TIP) approved by the State Planning Council. No federal aid highway project can be authorized by FHWA for funding unless it is included on the approved Annual Program of Projects.

B. "Categorical exclusion" or "CE" means a federal aid highway project which does not individually or cumulatively have a significant effect on the environment. Such projects are considered Class II actions by 23 C.F.R. § 771.

C."Department" means the Rhode Island Department of Transportation.

D."Environmental assessment" or "EA" means the analysis and documentation required of a federal aid highway project to determine whether a project has a significant environmental impact where the degree of impact is initially unclear. Projects for which an EA is being prepared are considered Class I action by 23 C.F.R. § 771.

E."Environmental impact statement" or "EIS" means the analysis and documentation required for a federal aid highway project where the project has been determined to have a significant environmental impact. Projects for which an EIS is being prepared are considered Class III actions by 23 C.F.R. § 771.

F."FHWA" means the Federal Highway Administration.

G."Jurisdiction by law" means approval authority over any aspect of project implementation (such as permit authority) granted to an agency by state or federal law or regulation.

H."NEPA" means the National Environmental Policy Act.

I."PAC" means the Project Area Committee established by the Department to review project plans and to advise the Department on the plans.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-22 to 01/04/2022
Amendment — effective from 2018-03-22 to 03/22/2018
Periodic Refile — effective from 2002-01-02 to 03/22/2018

290-RICR-30-00-8 § 8.4 Incorporated Materials

These regulations hereby adopt and incorporate 23 C.F.R. § 771.115 by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-22 to 01/04/2022
Amendment — effective from 2018-03-22 to 03/22/2018
Periodic Refile — effective from 2002-01-02 to 03/22/2018

290-RICR-30-00-8 § 8.5 Project Classification

A.Classes Defined -- Public participation during the NEPA process varies depending upon the classification of a project for NEPA purposes. The classification of projects is established by 23 C.F.R. § 771.115.

B.Designation of Classification - Upon selection of a project from the Annual Program of Projects, the Department, in consultation with FHWA, will designate a project as either Class I, II or III. (23 C.F.R. § 771.111(b)). This classification may be changed at any time during the NEPA process as appropriate by the Department with the concurrence of FHWA.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-22 to 01/04/2022
Amendment — effective from 2018-03-22 to 03/22/2018
Periodic Refile — effective from 2002-01-02 to 03/22/2018

290-RICR-30-00-8 § 8.6 Class I Project - Environmental Impact Statement

8.6.1Early Coordination and Scoping

A. Notice of Intent to Prepare EIS -- Where an EIS is required to be prepared for a project, FHWA will publish in the Federal Register a Notice of Intent to Prepare an EIS. The Department shall then publish a Notice of Intent in a newspaper of general circulation within the general project area and in a local newspaper where appropriate.

B. Scoping Meeting - After the publication of the Notice of Intent, the Department shall hold at least one early coordination and scoping meeting with appropriate local, State and Federal agencies and interested members of the public to identify the social, economic, and environmental effects of the proposed project and to identify all reasonable measures to mitigate adverse project impacts. At the meeting (or meetings), the Department shall make a presentation on the project and solicit the views of officials and individuals in attendance.

C.Cooperating Agencies. - the Department shall ask all State and Federal agencies with jurisdiction by law, and other agencies with special expertise to be cooperating agencies and to attend a scoping meeting. Throughout the EIS preparation process, cooperating agencies shall be asked to attend meetings and/or to provide comments regarding various aspects of the EIS.

8.6.2Project Advisory Committees

A.Formation - After the scoping meeting(s), the Department shall determine whether the formation of a Project Area Committee (PAC) will be helpful in obtaining public participation on a local level. Generally, a PAC will be formed at an early stage before substantial progress is made toward preparation of the draft EIS. The Department may seek the advice of local officials as to appropriate PAC membership and often will include representatives of local government and the public on the PAC.

B.Function of PAC - During the course of the preparation of the EIS, the Department shall meet with the PAC at appropriate stages. At PAC meetings, the Department will keep the PAC informed of its progress and give the PAC the opportunity to review, advise and comment on all aspects of the project. the Department may replace inactive or disruptive PAC members at its discretion.

8.6.3Informational Workshops/Meetings

A.Workshops for the General Public - Informational workshops may be conducted by the Department to inform the public and provide an opportunity for an exchange of views. Informational workshops are generally held during early stages of project development. One or more workshops may be held depending upon the size of the project and the duration of the study. An informational workshop is often held immediately prior to, or concurrently with a public hearing.

B.Workshops are held at locations convenient to citizens affected by the project. The location and time of workshops are publicized through the most appropriate news outlets, and the announcements are sent to local officials and members of the PAC committee. Normally, workshops continue from early afternoon to early evening to provide maximum opportunity for citizens to attend. The Department personnel and its experts are present to explain the project, and to answer questions from the public. Comments offered by citizens during the workshops are given due consideration in the decision-making process. Where a public workshop is held concurrently with a public hearing, a stenographer is present to allow citizens to make statements for stenographic recordation "on the record".

C.Meetings with Specific Groups - Throughout project development, the Department also will often have informational meetings with parties having a particular interest in a project. These meetings are similar to informational workshops, but are structured to provide specific information and receive comments from specific groups such as Town or City Councils or other governmental agencies with a special interest in a project.

8.6.4Completion and Circulation of Draft EIS

A.Preparation of Draft EIS - During the preparation of the Draft EIS, the Department shall consider input received from the public, cooperating agencies, local governments and the PAC (if one has been formed).

B.Content of Draft EIS - The Draft EIS shall:

1.Evaluate all reasonable alternatives;

2.Discuss reasons why other alternatives were eliminated from detailed study;

3.Summarize studies, reviews, consultations, and coordination required by law.

4.Submission of Draft EIS - the Department shall submit the Draft EIS to FHWA for review and approval. FHWA will approve the Draft EIS for circulation by signing and dating the cover sheet.

5.Circulation of Draft EIS - the Department shall print the Draft EIS in sufficient quantities to meet the demand reasonably expected from agencies, organizations and individuals. Copies shall be furnished free of charge except where the Department and FHWA agree that a charge, not to exceed the cost of reproduction, shall be charged or where parties requesting copies should be directed to locations where Draft EISs can be reviewed. 23 C.F.R. § 771.123(f). A copy shall be sent for public review to the local library in communities affected by the proposed project. the Department shall provide a copy of the Draft EIS to:

a.Public officials, interest groups, and members of the public known to have an interest in the proposed action or the Draft EIS;

b.Coordinating agencies and any other Federal, State and local government agencies expected to have jurisdiction or responsibility over, or interest or expertise in, the action;

c.Appropriate State and local agencies, including the Department of Administration/Division of Planning as the intergovernmental review contact established under Federal Executive Order 12372; and

d.State and Federal land management entities which may be significantly affected by the proposed action or any of the alternatives.

C.Notice of Availability of Draft EIS - Concurrently, or following the transmittal of copies of the EIS pursuant to § 8.6.4 of this Part, the Department shall file the Draft EIS with the Environmental Protection Agency (EPA) for publication of a Notice of Availability in the Federal Register which shall establish a forty-five (45) day period for return of comments to the Department and FHWA.

D.Public Hearing Requirement - the Department shall schedule a public hearing and provide public notice of the hearing as described in § 8.6.5 of this Part. The hearing date shall be no earlier than fifteen (15) days after the Draft EIS has been made available for public review.

8.6.5Public Hearing Notice

A. Newspaper Publication - the Department shall publish a notice of a scheduled public hearing twice in a newspaper of general circulation within the general project area and in a local newspaper where appropriate. The first such notice shall be published fifteen (15) to thirty (30) days before the hearing date and the last such notice shall be at least five (5) days before the hearing date.

B. Mailing of Notice - The notice of a scheduled public hearing shall be mailed to appropriate news media, local public officials, and Federal and State agencies.

C. Content of Notice - Each notice of public hearing shall:

1.State the date;

2.State the time and place of the hearing;

3.Contain a brief description of the project; and

4.Specify the availability to the public of the Draft EIS and other pertinent information for review and copying.

8.6.6Public Hearing Procedures

A.Presentation - At the public hearing, the Department shall either make a formal oral presentation or make available written material to all members of the public describing:

1.The project purpose and need;

2.The proposed project alternatives;

3.Potential environmental, social and economic impacts; and

4.Right-of-Way procedures and programs including relocation assistance to be provided; and other necessary information.

B.Availability of Reports - the Department shall also announce or advise the public during its presentation or in the written material that at any time after the hearing, the Draft EIS and all information developed in reference to the proposed project will be available upon request for public inspection and copying.

C.Opportunity for Public Comment - At the hearing, the public shall be given the opportunity to provide comments written or oral, "on the record" on the project.

D.The Department shall arrange for a public stenographer to be present at the hearing to officially record oral comments by the public. Written statements submitted to the Department at the hearing or within thirty (30) days of the hearing shall be treated as part of the official hearing record. The hearing transcript shall contain copies of each written statement and refer to the exhibits used or filed in connection with the public hearing.

E.Relationship to Public Workshops - Generally, the Department will hold a workshop immediately prior to, or concurrently with, the public hearing to permit the Department representatives to respond informally to questions from the public and to provide a meaningful exchange of information and opinions.

8.6.7Certification to FHWA

A.After the Department has conducted a public hearing on a Draft EIS and the thirty (30) day public comment period has expired, it shall submit to FHWA:

1.A transcript of the public hearing;

2.certification that a hearing was held; and

3.Copies of all written statements from the public, both submitted at the public hearing or during the thirty (30) day comment period on the Draft EIS.

B.Consideration of Public Comments - the Department shall consider the public comments received and those included in the hearing transcript and prepare a Final EIS.

8.6.8Preparation of Final EIS

A.The Final EIS shall:

1.Identify a specific preferred alternative;

2.Discuss substantive comments received on the DEIS;

3.Evaluate all reasonable alternatives considered;

4.Summarize citizen involvement;

5.Include a description of the procedures to be followed to assure that all environmental mitigation measures are to be implemented; and

6.Document compliance with applicable environmental laws and Executive Orders, or provide reasonable assurance that their requirements can be met.

B.Submittal of Final EIS to FHWA - The Final EIS shall be submitted to FHWA for approval. FHWA will indicate approval that all NEPA requirements have been met by signing and dating the cover page.

8.6.9Distribution of Final EIS

A.Publication - the Department shall print the Final EIS in sufficient quantities to meet the demand reasonably expected from agencies, organizations and individuals. Copies normally shall be furnished free of charge except where the Department and FHWA agree that a charge, not to exceed the cost of reproduction, shall be charged, or where parties requesting copies should be directed to locations where Draft EISs can be reviewed.

B.Notice of Availability and Distribution - The FHWA, upon its review and approval of the Final EIS, will have a Notice of Availability published in the Federal Register. At the time the Final EIS is distributed and filed with EPA, the Department shall:

C.Make the Final EIS available to appropriate State and local agencies;

D.Publish a Notice of Availability in a newspaper of general circulation within the general project area; and

E.Furnish the document to any person(s), organizations, or agencies that made substantive comments on the Draft EIS or requested a copy.

F.Availability to the Public - The Final EIS shall be made available for public review at the Department offices and at FHWA's Rhode Island office. A copy also shall be provided to appropriate public institutions such as local government offices and a copy placed on file at the local library in communities affected by the project.

G.Record of Decision - The FHWA will complete and sign a "Record of Decision" (ROD) no sooner than thirty (30) days after publication of the Notice of Availability in the Federal Register.

H.Supplemental EIS - Pursuant to 23 C.F.R. § 771.130, preparation of a supplement to a Draft EIS shall follow the same process as an original Draft EIS, except that scoping is not required. Similarly, preparation of a supplement to a Final EIS shall follow the same process of an original Draft EIS.

I.Re-Evaluation of EIS - Where the Department undertakes a re-evaluation of a Draft or Final EIS as required by 23 C.F.R. § 771.129, the Department, in consultation with FHWA, shall determine whether changes in the project or new information developed during the re-evaluation warrant additional public involvement.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-22 to 01/04/2022
Amendment — effective from 2018-03-22 to 03/22/2018
Periodic Refile — effective from 2002-01-02 to 03/22/2018

290-RICR-30-00-8 § 8.7 Class II Project - Categorical Exclusion (CE)

8.7.1Public Participation

A. Documentation and Public Participation Required - When the Department initially classifies an action as a Class II action, the Department shall provide any necessary documentation supporting its position to FHWA to gain concurrence. Public participation for a project classified as a Class II action, is generally limited to public informational workshops and meetings at appropriate stages in project development although earlier and more formal public participation, including formation of a PAC, may occur where the specific project is identified through a planning feasibility study.

B. Public Hearing Requirement - A public hearing is required for Class II projects when the project:

Requires significant amounts of right-of-way;
Substantially changes the layout or function of connecting roadways or of the facility being improved;
Has a substantial adverse impact on abutting property;
Otherwise has a significant social, economic, environmental or other effect; or
FHWA or the Department determines that a public hearing is in the public interest.

8.7.2Public Hearing Notice

A. Newspaper Publication - Where a public hearing is required, the Department shall publish a notice of a scheduled public hearing twice in two newspapers of general project area and in a local newspaper where appropriate. The first such notice shall be published fifteen (15) to thirty (30) days before the hearing date and the last such notice shall be shall be at least five (5) days before the hearing date.

B. Mailing of Notice - The notice of a scheduled public hearing shall also be mailed to appropriate news media, local governments and Federal and State agencies.

8.7.3Public Hearing Procedures

A. Presentation - At the public hearing, the Department shall either make a formal presentation or make available written material to all material to all members of the public describing:

1.The project purpose and need;

2.The proposed project alternatives;

3.Potential environmental, social and economic impacts; and

4.Right-of-Way procedures and programs including relocation assistance to be provided; and other necessary information.

B.Opportunity for Public Comment - At the hearing, the public shall be given the opportunity to provide comments, written or oral, on the project. the Department shall arrange for a public stenographer to be present at the hearing to officially record oral comments by the public. Written statements submitted to the Department at the hearing or within thirty (30) days of the hearing shall be treated as part of the official hearing record. The hearing transcript shall contain copies of each written statement and shall refer to the exhibits used or filed in connection with the public hearing.

C.Relationship to Public Workshop - Generally, the Department will hold a workshop immediately prior to, or concurrently with, a public hearing to permit the Department to respond informally to questions from the public and to provide a forum where the public and the Department can engage in a meaningful exchange of information and opinions.

D.Certification to FHWA - Where the Department has conducted a public hearing and the thirty (30) day public comment period has expired, shall submit to FHWA:

1.A transcript of the public hearing;

2.A certification that a hearing was held; and

3.Copies of all written statements from the public, both submitted at the public hearing or during the thirty (30) day comment period.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-22 to 01/04/2022
Amendment — effective from 2018-03-22 to 03/22/2018
Periodic Refile — effective from 2002-01-02 to 03/22/2018

290-RICR-30-00-8 § 8.8 Class III Project - Environmental Assessment (EA)

8.8.1Early Coordination Process/Continued Public Participation

A.At the earliest appropriate time, the Department shall consult with interested Federal, State and Local agencies and appropriate members of the public to advise them to the project's scope and to:

1.Determine the potential of the project for social, economic, environmental impacts;

2.Identify alternative measures to mitigate adverse impacts; and

3.Identify other environmental review and consultation requirements.

4.Throughout the early coordination process, the Department shall provide public participation opportunities commensurate with the complexity of the project. Public participation opportunities include as appropriate: letters to appropriate governmental agencies, public Notice of Intent to prepare an EA, scoping meetings, informational workshops and meetings and the formation of a PAC.

8.8.2Preparation and Circulation of EA

A.The Department shall prepare an EA which includes a project description and a discussion of:

1.The need for the project;

2.The project alternatives;

3.Environmental impacts of the project and alternatives;

4.Mitigation; and

5.Public involvement and Agency coordination.

B.The completed EA is circulated to public agencies for comment as appropriate and submitted to FHWA for approval.

8.8.3Public Hearing Requirement

A.A public hearing is required for a Class III project which:

1.Requires significant amounts of right-of-way;

2.Substantially changes the layout or function of connecting roadways or of the facility being improved;

3.Has a substantial adverse impact on abutting property;

4.Otherwise has a significant social, economic, environmental or other effect; or

5.FHWA or the Department determines that a public hearing is in the public interest.

8.8.4Public Hearing Notice

A.Newspaper Publication -Where a public hearing is required, the Department shall publish a notice of a scheduled public hearing twice in a newspaper of general circulation within the general project area and in a local newspaper where appropriate. The first such notice shall be published fifteen (15) to thirty (30) days before the hearing date and the last such notice shall be at least five (5) days before the hearing date.

B.Mailing of Notice - The notice of a scheduled public hearing shall also be mailed to appropriate news media, local governments and Federal and State agencies. Notices shall also be sent to the Department of Administration/Division of Planning as the intergovernmental review contact established under Federal Executive Order 12372.

C.Content of Notice - Each notice shall specify the date, time and place of the hearing, and contain a brief description of the project. The notice shall announce the availability of the EA and where it may be obtained or reviewed. It shall also state that comments shall be submitted to the Department or FHWA within thirty (30) days of the date the EA is available.

8.8.5Public Hearing Procedures

A.Presentation - At the public hearing, the Department shall either make a formal oral presentation or make available written material to all members of the public describing:

1.The project purpose and need;

2.The proposed project alternatives;

3.Potential environmental, social and economic impacts; and

4.Right-of-Way procedures and programs including relocation assistance to be provided; and other necessary information.

B.Availability of Reference Material - the Department shall also announce or advise the public in written material that the EA and all information developed in reference to the proposed project will be available upon request for public inspection and copying.

C.Opportunity for Public Comment - At the hearing, the public shall be given the opportunity to provide comments, written or oral, on the project. The Department shall arrange for a public stenographer to be present at the hearing to officially record oral comments by the public. Written statements submitted to the Department at the hearing or within thirty (30) days of the availability of the EA shall be treated as part of the official hearing record. The hearing transcript shall contain copies of each written statement and refer to the exhibits used or filed in connection with the public hearing.

D.Relationship to Public Workshop - Generally, the Department will hold a workshop immediately prior to, or concurrently with, a public hearing to permit the Department to respond informally to questions from the public and to provide a meaningful exchange of information and opinions.

8.8.6Notice of Availability

Newspaper Publication - When the Department does not hold a public hearing, it shall place a notice in a newspaper of general circulation within the general project area and in a local newspaper when appropriate advising the public of the availability of the EA.

8.8.7Content of Notice

A.The notice shall:

1.Briefly describe the project;

2.Announce the availability of the EA;

3.State where it may be obtained and reviewed; and

4.Invite public comments to be submitted to the Department or FHWA within thirty (30) days of publication of EA Availability.

B.Mailing of Notice - The Notice of Availability shall be mailed to appropriate news media, local governments and Federal and State agencies. Notices shall also be sent to the Department of Administration/Division of Planning as the intergovernmental review contact established under Federal Executive Order 12372.

8.8.8Submittal of EA to FHWA

A.If no significant impacts have been identified, the Department shall forward to FHWA:

1.The EA, revised as appropriate;

2.Certification that a hearing was held and the public hearing transcript, where applicable;

Copies of comments received and responses; and

4.Recommendation of a Finding of No Significant Impact. .

B.The EA shall document compliance with all applicable environmental laws and Executive Orders, or provide reasonable assurances that their requirements can be met.

C. Finding of No Significant Impact (FONSI) - FHWA will review the EA and other material provided by the Department and issue either a FONSI or a decision that an EIS is necessary. If a FONSI is made, the Department shall send a Notice of Availability of a FONSI to the appropriate Federal, State and local government agencies and shall make the FONSI available to the public upon request. Notice shall also be sent to the Department of Administration/Division of Planning as the inter-governmental review contact established under Executive Order 12372.

D.Finding of Significant Impact - If FHWA determines that the project would result in a significant environmental impact, then the Department may either:

1.Proceed with preparing an EIS using the procedures described in § 8.6 of this Part for a Class I action; or

2.Modify the project to reduce the impacts and resubmit to FHWA revised documentation requesting it to issue a FONSI.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-22 to 01/04/2022
Amendment — effective from 2018-03-22 to 03/22/2018
Periodic Refile — effective from 2002-01-02 to 03/22/2018

Chapter 50 Scenic Roadways Board

Subchapter 00

290-RICR-50-00-1 Rules of the Rhode Island Scenic Roadways

290-RICR-50-00-1 § 1.1 Purpose and Authority

A. Purpose. The Rhode Island Scenic Roadways Board ("the Board") exists for the purpose of carrying out those purposes described in R.I. Gen. Laws Chapter 24-15. The Board will promulgate rules and establish standards for the maintenance, identification, construction, use, and preservation of the scenic highway system. Additionally, the Board will establish standards for regulating and limiting the construction or establishment of a highway which is inconsistent with the purposes of R.I. Gen. Laws § 24-15-9.

B. Authority. These Rules are adopted pursuant to the R.I. Gen. Laws § 24-15-9.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-02 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/02/2018

290-RICR-50-00-1 § 1.2 Definitions

A.The following definitions shall apply to this regulation:

1.“Adverse effect” means when a project damages or destroys scenic resources or characteristics which contribute to the roadway’s designation as scenic. Adverse effects include, but are not limited to:

a. Physical destruction, damage or alteration of all or part of the scenic roadway or its scenic resources as defined in § 1.4 of this Part.

b. Alteration of the character of the roadway's setting

c. Introduction of visual, audible, or atmospheric elements that are out of character with the roadway or alter its setting;

d.Neglect of a scenic roadway resulting in deterioration or destruction of the roadway or its scenic resources; and

e.Transfer, lease, or sale of public-owned property without adequate provision for its continued preservation.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-02 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/02/2018

290-RICR-50-00-1 § 1.3 Access to Public Records, Petitions for Promulgation of Rules, Petitions for Declaratory Orders

A.Requests made pursuant to R.I. Gen. Laws Chapter 38-2 “Access to Public Records” shall be made in accordance with the “ACCESS TO THE PUBLIC RECORDS OF THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION”.

B.Petitions made for the promulgation of rules or for a declaratory order pursuant to R.I. Gen. Laws §§ 42-35-6 or 42-35-8 shall be made in accordance with the Department of Transportation’s Petition for Promulgation of Rules and Declaratory Orders, Part 30-00-7 of this Title.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-02 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/02/2018

290-RICR-50-00-1 § 1.4 Criteria for Designation of Scenic Roadways

A.In order to be eligible for designation as a scenic roadway, the road must possess significant scenic resources which are present within the viewshed of the road and which singly or in combination create an unusually attractive, continuous and integrated traveling experience for motorists, bicyclists, or pedestrians. The Board shall consider the following types of scenic resources:

1.Natural. Significant natural characteristics which include surface water (both salt and fresh), vegetation, woods, wetlands and wildlife habitats, topography and surficial geological formations, and cultivated or uncultivated agricultural lands.

2.Historical. Significant historical characteristics associated with individual buildings, districts or historic landscapes.

3.Cultural. Significant cultural characteristics which may be contemporary built features such as buildings, bridges and designed landscapes.

4.Archaeological. Significant archaeological characteristics which are generally subsurface historical features, but may include exposed sites or standing features.

5.Recreational. Significant recreational opportunities for active or passive recreation, seasonal or special events but must be well known and recurring.

6.Visual. Other significant visual characteristics which are striking and memorable views and/or interesting and attractive spaces in a continuous, integrated experience.

B.Demonstration of significant resources of a single type is sufficient to support a nomination, except in the case of archaeological and recreational resources where at least one of the other four types of resource must also be present.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-02 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/02/2018

290-RICR-50-00-1 § 1.5 Procedures for Designation of Scenic Roadways

A.Who May Apply for Scenic Designation of a Road.

1.The Director of the Rhode Island Department of Transportation may apply to the Board for designation of any state highway as a scenic roadway.

2.The governing body of any municipality may apply to the Board for designation of any road within the borders of the municipality as a scenic roadway. In the case of a municipality that nominates a state highway, the municipality shall notify the Director of the Rhode Island Department of Transportation regarding the nomination. The Director shall have thirty (30) calendar days to comment on the application.

B.Application Form. Application for designation of a roadway shall be made on the form provided by the Board. Using the form, an application shall include all information required in §§ 1.5(B)(1) through (8) of this Part. Any incomplete application will not be considered.

1.That one or more of the scenic criteria as set forth in § 1.4 of this Part are present on the road which is proposed for designation;

2.That singly or in combination, the scenic elements create an unusually attractive, continuous and integrated travelling experience for motorists, bicyclists, or pedestrians;

3.What measures the municipality has taken, or will take, to preserve and enhance the scenic character of the roadway which is the subject of the application. Such measures may include, but are not limited to regulation of land use, land and site planning, control of outdoor advertising, control of earth moving and landscaping, the design and appearance of structures and equipment, and public education;

4.Whether the road is or will be actively promoted for use by tourists.

5.In the case of a nomination by a municipality, the application shall include a certified record of the vote of the governing body approving of the filing of the application. The application shall also describe the public hearing or other measures taken by the municipality to inform owners of the properties abutting the roadway and other interested parties about the application. If the nomination includes a state highway, the application shall also include a copy of the notice given to the Director of RI Department of Transportation;

6.In the case of a nomination by the Director of the RI Department of Transportation, the application shall include a copy of the notice given to the governing body of the municipality or municipalities in which the highway is located;

7.A list of owners of properties abutting the proposed scenic roadway which identifies the property owned and includes the owners' mailing addresses and a copy of the written notice used to inform owners of said nomination. The list of owners shall be compiled from the records of the local tax assessor; and

8.The dimensions of the road, including width, available shoulder, if any, grade, intersections and traffic signals also shall be disclosed within the application.

9.The Board reserves the right to request additional information if needed for full evaluation of the application.

C.Public Notice and Hearing. A public hearing shall be held prior to the approval or denial of any application for designation of a scenic roadway by the Board.

1.Newspaper publication. Notice of the scheduled public hearing shall be published in a newspaper of general circulation within the geographic area of the roadway which is proposed for designation. Such notice shall be published fifteen (15) to thirty (30) days before the hearing date.

2.Mailing of notice. Written notice of the scheduled hearing shall be mailed by first class mail to the Director of RIDOT, the chief elected official and governing body of the municipality, to the owners of the properties fronting the road for which designation is proposed, to appropriate media, and to others who have requested notice. The list of owners shall be compiled from the records of the local tax assessor.

3.Content of notice. Each notice shall state the date, time, and place of the hearing and contain a brief description of the area included in the proposed scenic roadway designation. The notice shall announce the availability of the complete application and where it may be obtained or reviewed. A copy of the application with attachments shall be made available for review at the office of the Town or City Clerk in the municipality where the proposed roadway is located. The notice shall also state where written statements may be sent in advance of the hearing date.

4.Opportunity for public comment. At the hearing, members of the public will be given an opportunity to present oral or written comments on the proposed scenic roadway designation.

D.Action by the Board on the Application. An application shall be approved or disapproved by a majority of the Board members at a meeting held following the public hearing.

1.Written notice of the Board's action and a statement of the reasons for the action shall be sent to the chief elected official and governing body of the municipality in which the roadway is located and to the Director of the RI Department of Administration (Statewide Planning Program) and to the Director of the RI Department of Transportation.

E.Records. The Board shall maintain a list of Rhode Island's designated scenic roadways together with a copy of the application documentation accepted by the Board.

F.Review of Previous Scenic Designation. The Board may review previous scenic designations to determine if changes have occurred which affect the roadway's scenic resources and to consider whether the roadway continues to satisfy the criteria as set forth in § 1.4 of this Part for designation. The Board may request the assistance of the original applicant or other interested parties in such review. Based on its review, the Board may choose to retain the designation, to request withdrawal of the designation, to request remedial action to retain the designation, or to request the expansion or reduction of the limits of the designation.

G.Withdrawal of Scenic Designation. The Director of the RI Department of Transportation may apply to the Board for the withdrawal of the scenic roadway designation of a state highway, or the governing body of a municipality may apply to the Board for the withdrawal of the scenic roadway designation of a road located within the municipality, or the Board itself may propose the withdrawal of the scenic designation of a road. The application for withdrawal of the scenic designation shall be made in writing and shall contain documentation of destruction or adverse changes to the designated road's scenic resources and/or evidence that the designation is no longer desired. Prior to acting on the application, the Board shall provide notice and hold a public hearing in the same manner as for designation, § 1.5(C) of this Part. An application for withdrawal of scenic designation may be approved or denied by a majority of the Board members at a meeting following the public hearing. The Board may reduce the area of a previous scenic designation as an alternative to withdrawal of the entire designation.

1.Provided, however, that no application for removal of a highway or road, or portion thereof, from the scenic highways system, shall be approved unless the owners of a majority of the lineal lot frontage abutting the highway or road agree to the removal by filing an application with the director or governing municipal body, within the sixty (60) days immediately preceding the application, a written statement or statements agreeing to the removal.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-02 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/02/2018

290-RICR-50-00-1 § 1.6 Procedures for Application for Permission to Perform Construction, Repair, or Alteration of Scenic Roadways

A.General

1.Scope of Review. These procedures are adopted to preserve designated scenic roadways during construction, repair, or alteration. No construction, repair or alteration shall be performed or permitted to a scenic roadway except in conformance with this procedure. Included within the scope of the Board's review are grade changes, alteration of vegetation, curb cuts and other accesses or entrances leading into the right-of-way of the scenic roadway as well as roadway construction or repair. Projects for construction, repair, or alteration to scenic roadways shall be reviewed by the Board to evaluate whether the proposed project will have an adverse effect upon or alter the scenic resources or characteristics that qualify the roadway to be designated as scenic. The Board will consider all relevant information including the contents of the application itself and the views (if any) of RIDOT, a municipality, or the public regarding the project's impact to the scenic qualities of the roadway.

2.Timing. Any applicant is required to complete these procedures prior to beginning construction, repair, or alteration work to a scenic roadway. Any applicant should ensure that the review process is initiated early in the planning stages of the undertaking, when the widest feasible range of alternatives is open for consideration. The applicant should establish a schedule for completing the advisory process that is consistent with the planning and approval schedule for the undertaking.

B.Identifying Designated Scenic Roadways

1.Consultation. Early in the planning or permitting of a project which may alter a scenic roadway, RIDOT and/or the municipality shall report to the Board any proposed construction, repair, alteration or permitting proposed for a scenic roadway.

2.Designation of Roadway Under Design. If the Board designates a scenic roadway which is already the subject of RIDOT or a municipality's plan for construction, repair or alteration, RIDOT or the municipality shall begin to comply with these procedures from the date of designation. In its review, the Board shall take into account the practicality and feasibility of making changes in the plans or construction done prior to designation.

Public comment. With respect to construction, alteration or repair of any scenic roadway, RIDOT or the municipality undertaking the project will include information about the roadway's scenic designation in information provided to the public about the project, invite public comment on the project's impact of the scenic qualities of the roadway, and provide the Board with copies of written comments received and a written summary of oral comments, including the names of those commenting.

C.Determination of Effect upon Scenic Roadways

Permits. RIDOT or any municipality issuing permits to any persons or entities, including but not limited to utility companies, for a construction, repair or alteration project on a scenic roadway, or any rights way or easements or vegetation connected to that scenic roadway, shall inform the Board of such application. All such permit requests shall be governed by § 1.6 of this Part.
Minor Alterations. In the case of the minor, routine maintenance of a designated scenic roadway, the Chairperson may, at his/her discretion, refer the review of the proposed work to the technical staff for a recommendation. The Chairperson may then choose to approve the work based on the technical staff recommendation and notice will be given to all members of the Board. If the Chairperson finds that the work is not minor, then the Chairperson shall refer the matter to the full Board for review. Maintenance shall be defined as sweeping, crack sealing, striping, replacing signs, resurfacing involving insignificant topographical changes, repair of failed drainage and minor utility repair.
Major Alterations. Any applicant with plans to perform construction, repair or alteration to a scenic roadway as defined in § 1.6(A) of this Part shall submit to the Boards at each recognized stage of planning and design (as applicable, Conceptual Design, 10%,30%,75%, 90% and PS &E) all available information concerning the planned project, including all information as to the manner in which the project will affect the scenic roadway and an application in a form prescribed by the Board. In order to obtain final approval to perform construction, repair or alteration on a scenic roadway, said application shall include the following information as required by the Board:

a.Identification of the applicant and any proposed contractors for the proposed construction, alteration or repair;

b.Detailed, 20-scale plans and specifications of the proposed changes to the scenic roadway including drawings and, where appropriate, photographs;

c.The dates of the proposed construction, repair or alteration;

d.A statement as to the measures taken in the proposed project to preserve the scenic character of the roadway;

e.A map demonstrating the locations of the proposed project.

Board Review

a.The Board shall promptly review the application to determine if the proposed project will have an Adverse effect on the scenic roadway. The Board shall respond to the application with sixty (60) days of receiving the application and will advise the applicant if more information is needed or if more time is required for the Board's review.

5.Determination of No Adverse Effect.

a.If the Board finds the effect on the scenic roadway not to be adverse, it shall document the finding and notify the applicant and interested persons who have made their concerns known, and the project may proceed. In reaching a finding of no adverse effect, the Board may stipulate changes to the project or conditions which will avoid potential adverse effects.

6.Determination of Adverse Effect. If the Board finds that the project will have an adverse effect on the features or characteristics of the scenic roadway, it shall:

a.Notify the applicant, the Director of RIDOT and/or the chief elected official and the governing body of the municipality in which the roadway is located and other interested persons who have requested in writing that they be notified of any such determination.

b.Consult with the applicant, RIDOT, and/or the municipality in which the roadway is located regarding alternatives which would avoid, minimize, or mitigate the adverse effects of the project and preserve the scenic resources of the roadway. Such alternatives include but are not limited to consideration of a waiver of RIDOT or Federal standards, reduction of the speed limit and design speed, landscape treatments, tree and shrub replacements, stone wall replacements, and use of traffic calming measures, where applicable.

c.The Board may invite other interested parties to participate in the consultation.

7.Agreement on Avoidance or Satisfactory Mitigation of Adverse Effect.

a.After a thorough review of the alternatives, the Board and the applicant, RIDOT and/or the municipality may agree that there is a prudent and feasible alternative that avoids, minimizes or mitigates the adverse effect of the project. If an agreement is approved by the Board, the Chairperson and the applicant, the Director of RIDOT and/or the particular municipality shall sign a Memorandum of Agreement describing such alternative with the measures to eliminate, minimize, or mitigate the adverse effect, and the project may proceed. The applicant may withdraw a project which is objectionable to the Board for modification and resubmission.

8.Acceptance of Adverse Effect.

a.After a thorough review of the alternatives, the Board with the advice of the Director of RIDOT and/or the particular municipality may determine that in the interest of public safety there are no prudent or feasible alternatives to avoid, minimize, or mitigate the adverse effect. Upon such decision, the Board may either prepare a written report of Acceptance of the Adverse Effect, permitting the project to proceed, or the Board may accept an application from the Director of RIDOT or the municipality for withdrawal or reduction of the limits of the scenic designation as outlined in § 1.5(G) of this Part.

9.Failure to Agree.

a.After a thorough review of the alternatives, if the Board decides to withhold its approval, it will notify the applicant, RIDOT, and/or the municipality in writing and the project shall not proceed.

10.Appeal by Applicant.

a.Within twenty (20) days of receipt from the Board of a decision to withhold approval of the project, the applicant, RIDOT and/or the municipality may request in writing a full evidentiary hearing before the Board in accordance with R.I. Gen. Laws § 42-35-9. The project shall not proceed until the hearing is completed, and a decision and order are rendered. No further administrative review of this determination is available.

11.Judicial Review.

a.Upon receipt of a written adverse effect decision and final order of the Board, the applicant may obtain judicial review in accordance with R.I. Gen. Laws § 42-35-15.

12.Fulfillment of the Terms of a Memorandum of Agreement.

a.When a Memorandum of Agreement exists, the applicant shall carry out the undertaking in accordance with the terms. Failure to carry out the terms requires the applicant to resubmit the project to the Board for comment in accordance with § 1.6 of this Part.

D.Miscellaneous

1.Public Request to the Board. Any person may request the Board to determine whether a project falls within the scope of this Board's jurisdiction and is subject to review in accordance with these Rules. Communications from the public will be reported to the full Board at its next meeting.

2.Determination of Jurisdiction. Upon receipt of a public request, the Board shall advise the person making the request and the party performing the activities which fall within the jurisdiction of the Board of their finding. An inquiry to the Board does not suspend action on an undertaking. If the Board finds that the activity or project is subject to review, the Board shall immediately notify the party performing the activities to stop any actions which would preclude the Board's opportunity to complete its review and require that party to make application to the Board in accordance with § 1.6 of this Part.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-02 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/02/2018

290-RICR-50-00-1 § 1.7 Additional Provisions

A.Emergency Provisions. When compliance with these Rules would pose a serious threat to public safety, the Chairperson may waive compliance to the extent necessary to protect the public. The Chairperson will promptly inform the Board of taking an action under this section, and if a majority of the Board's members object within three (3) days, such emergency action is rescinded.

B. Severability. If any section or provision of these Rules is held invalid by a court of competent jurisdiction, the remaining sections or provisions of these Rules shall not be affected thereby.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-02 to 01/04/2022
Periodic Refile — effective from 2002-01-02 to 07/02/2018

Chapter 60 Bridges and Tolls

Subchapter 00

290-RICR-60-00-1 Rules and Regulations Governing Procedures Involving the Nonpayment of Tolls, Toll Evasion and Public Involvement

290-RICR-60-00-1 § 1.1 Authority

This regulation is promulgated pursuant to the authority granted by R.I. Gen. Laws § 42-13.1-13.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-12 to 01/04/2022

290-RICR-60-00-1 § 1.2 Purpose

The purpose of this regulation is to establish policies and procedures necessary to carry out the purposes of the R.I. Gen. Law Chapter 42-13.1.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-12 to 01/04/2022

290-RICR-60-00-1 § 1.3 Definitions

A.For the purposes of this Part, the following terms shall have the following meanings:

1.“Administrative fee” means the fee added to an unpaid Toll invoice.

2."Department" means the Department of Transportation, or, if the Department shall be abolished, the board, body, or commission succeeding to the principal functions thereof or upon whom the powers given by R.I. Gen Laws Chapter 37-5 to the Department shall be given by law.

3.“Invoice date” means the date the invoice is printed.

4."Large commercial truck" shall be defined pursuant to the Federal Highway Administration (FHWA) vehicle classification schedule as any vehicle within Class 8 - single trailer, three (3) or four (4) axles up to and including Class 13 - seven (7) or more axle multi-trailer trucks, as such classifications may be revised from time to time by the FHWA.

5."Toll evader" means any registered owner of any large commercial truck that passes through any electronic tolling location as authorized pursuant to R.I. Gen. Laws § 42-13.1-4 and who does not pay the required toll and/or fees, fines, or penalties within the maximum allowable period specified under R.I. Gen. Laws § 42-13.1-11.

6.“Toll invoice” means the invoice sent to the registered owner of the Large commercial truck to collect payment on Tolls set by the Department.

"Radio frequency identification transponder" or "RFID" means a toll collection system approved by the department that may consist of a toll tag placed inside the vehicle and overhead antenna which reads the toll tag and collects the toll.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-12 to 01/04/2022

290-RICR-60-00-1 § 1.4 Toll Collection and Penalties for Late Payments and Toll Evasion

A.The Department, or its Designee, will collect tolls by RFID or invoicing the registered owner of the Large commercial truck. The Toll Invoice will be sent by hard copy and the registered owner is required to pay the Toll invoice plus postage in full within thirty (30) calendar days from the Toll Invoice date.

B.Failure to pay the Toll Invoice in accordance with § 1.4(A) of this Part (above) will result in the following penalty schedule:

1.The Department, or its Designee, will issue a Past Due Toll Invoice requiring the registered owner to pay: $1.00 per toll transaction late fee, a $0.75 Administrative fee, and the full amount of the Toll invoice. This payment is due in full within thirty (30) calendar days from the Past Due Toll Invoice date.

2.If the Past Due Toll Invoice is not paid in full within the permissible timeframe, the Department or its Designee, will issue a Second Past Due Toll Invoice requiring the registered owner to pay: $1.00 per toll transaction late fee, a $0.75 Administrative fee, and the full amount of the Past Due Toll invoice. This payment is due in full within thirty (30) calendar days from the Second Past Due Toll Invoice date.

If the Second Past Due Toll Invoice is not paid in full within the permissible timeframe, the Department, or its Designee, will issue a Third and final Past Due Toll Invoice requiring the registered owner to pay: $1.00 per toll transaction late fee, $0.75 Administrative fee, a $20.00 penalty, and the full amount of the Second Past Due Toll Invoice. This payment is due in full within thirty (30) calendar days from the Third Past Due Toll Invoice date.

C.Toll Evasion

1.Any registered owner who fails to submit payment within the permissible timeframe set forth above will be considered a Toll evader pursuant to R.I. Gen. Laws § 42-13.1-12 and will be subject to the penalties and violations established in that section.

1.5 Disputes of Tolls, Fees, Penalties and Toll Evasion

A.The Department, or its Designee, intends to seek to resolve all disputes regarding the Nonpayment of Tolls in an efficient and fair manner.

B.If a Customer disputes their status as such or otherwise disputes the accuracy of the Department’s records regarding any Nonpayment of Toll, the Toll Evader shall submit a completed Toll Violation Dispute Form to the Department, or its Designee, within thirty (30) days of the date of issuance of the disputed Notice of Violation.

C.If the Department, or its Designee, determines that the disputed Notice of Violation shall be voided or adjusted in favor of the Toll Evader, then the Department, or its Designee, will make such adjustment and will advise the Toll Evader of the adjustment made. Thereafter, the Toll Evader shall pay the newly adjusted amount within ten (10) days of the date of issuance of the Department’s determination. However, if the Toll Evader fails to timely pay the adjusted amount, then any adjustment made by the Authority is null and void and the original amount of the Notice(s) of Violation (and any applicable Administrative Fees and Fines) shall be immediately due and payable.

D.If the Department, or its Designee, determines that the disputed Notice of Violation is valid and should not be voided or adjusted, then the Toll Evader may request a telephonic conference with a duly authorized Department, or its Designee, representative for the purpose of attempting to resolve the dispute. Such telephonic conference shall be conducted within thirty (30) days of the Toll Evader’s request, which request shall be made no later than thirty (30) days of the date of issuance of the Department’s determination. If such conference is not requested or does not resolve the dispute, then the Department, or its Designee, shall issue a written final determination to the Toll Evader confirming that all amounts owed for the disputed Notice of Violation shall remain due and payable. Thereafter, any such Toll Evader shall remain subject to all consequences set forth in R.I. Gen. Laws § 42-13.1-12.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-12 to 01/04/2022

290-RICR-60-00-1 § 1.6 Procedural Transparency

A.Prior to fixing and/or revising the Tolls, the Department will notify the Governor, Speaker of the House, and Senate President seven (7) calendar days before the public comment or hearing period commences.

1.The notice will include:

a.The amounts of the tolls for each toll location that the Department intends to collect;

b.The intended date that the Department intends to begin the collection of the fixed and/or revised tolls;

c.A copy of the cost benefit analysis required by R.I. Gen. Laws § 42-13.1-4;

d.Where, when and how a person may comment on the proposed toll amounts during the public comment period;

e.When the public comment period will begin and end.

B.The public comment period establishing or modifying the amount of the tolls to be collected shall remain open for at least thirty (30) days.

1.Notice shall include the information listed above in § 1.6(A)(1) of this Part.

C.The Department will consider all public comments submitted during the public comment period.

D.The tolls will be effective three (3) calendar days after the public comment period has ended.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2017-11-12 to 01/04/2022

290-RICR-60-00-2 Privacy Procedures Regarding Tolling

290-RICR-60-00-2 § 2.1 Authority

This Part is promulgated pursuant to R.I. Gen. Laws § 42-13.1-13.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2019-03-14 to 01/04/2022
Adoption — effective from 2017-12-03 to 03/14/2019

290-RICR-60-00-2 § 2.2 Purpose

These Rules and Regulations set forth procedures associated with privacy of the information collected pursuant to the implementation of R.I. Gen. Laws Chapter 42-13.1.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2019-03-14 to 01/04/2022
Adoption — effective from 2017-12-03 to 03/14/2019

290-RICR-60-00-2 § 2.3 Definitions

A.For the purpose of this regulation:

1.“Data” means any information gathered by the Rhode Island Department of Transportation or its designee/contractor that is associated with an individual who has passed through a toll gantry, whether that individual is a non-tolled individual or a tolled individual. Data is inclusive of the information associated with the payment of tolls.

2.“Department” means the Rhode Island Department of Transportation.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2019-03-14 to 01/04/2022
Adoption — effective from 2017-12-03 to 03/14/2019

290-RICR-60-00-2 § 2.4 Data Collection, Storage, and Privacy

A. Any cameras or other imaging devices, or any other device or equipment, including, but not limited to: Radio frequency identification transponders, as defined in § 1.3(A)(7) of this Subchapter; automated license plate recognition systems; or GPS systems used to implement R.I. Gen. Laws Chapter 42-13.1 will only be used for toll collection purposes.

B. Any Data collected or stored in any database to implement R.I. Gen. Laws Chapter 42-13.1 shall be deemed private and shall not be subject to R.I. Gen. Laws Chapter 38-2, provided that aggregate Data not containing personal identifying information may be released.

C. Any Data collected to implement R.I. Gen. Laws Chapter 42-13.1 shall be used only for toll collection purposes and shall not otherwise be made available to law enforcement or other agencies except pursuant to a valid court order.

D. All images recorded, or Data collected, of motor vehicles that are not subject to a toll shall be destroyed as promptly as technologically feasible, but in no event more than thirty (30) calendar days after the time the image was recorded or Data collected, except pursuant to a valid court order.

E. All images recorded, or data collected, of large commercial trucks that are subject to a toll shall be destroyed within three (3) years of payment or other final disposition.

F.In the documented event of an unintended system interruption, the time authorized under §§ 2.4(D) or (E) of this Part for the maintenance of images recorded or Data collected may be extended, but only for the length of time of the system interruption.

G.Except as otherwise provided herein, neither the Department or its designee shall sell, trade, or exchange captured Data collected for any purpose other than toll collection.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2019-03-14 to 01/04/2022
Adoption — effective from 2017-12-03 to 03/14/2019