650-RICR — Coastal Resources Management Council

Chapter 10 General Administration

Subchapter 00

650-RICR-10-00-1 Management Procedures

650-RICR-10-00-1 § 1.1 Definitions

A.“Agency” means and includes boards, commissions, departments or officers thereof other than the legislature or the courts authorized by law to make Rules, determine contested cases or issue permits.

B.“Contested case” means a proceeding in which the legal rights, duties or privileges of a specific party are required to be determined by the Council after an opportunity for hearing. A proceeding before the Council shall be considered contested when a substantive formal written objection and/or request for hearing is received by the Council from any interested party. Further, a proceeding shall be considered contested upon request for hearing by any four (4) members of the Council.

C.“License” means and includes the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law, but it does not include a license required solely for revenue purposes.

D.“Licensing” means and includes the agency process respecting the grant, denial, renewal, renovation, suspension, annulment, withdrawal or amendment of a license. Any person wishing to change the use where an Assent or license was granted must apply to the Council for change of the use. If the use is changed without application to the Council, the Assent or license becomes null and void.

E.“Parties” means a person, agency or organization is a party to a proceeding before the Council if:

1.The person is entitled to the status of a party under R.I. Gen. Laws § 42-35-1 or any other provision of law; or

2.Upon application for leave to intervene, the person is allowed to do so by the Council on the ground that:

a.Such applicant is entitled by law to the status of a party; or

b.Such applicant could have been a complainant in such proceedings; or

c.Such applicant has a complaint or a defense which has question of law or fact in common with the main proceeding.

F.“Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.

G.“Rule” means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of any agency. The term includes the amendment or repeal of a prior Rule, but does not include:

1.Statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public, or

2.Declaratory rulings issued pursuant to R.I. Gen. Laws § 42-35-8, or

3.Intra agency memoranda.

H.“Council” means the Rhode Island Coastal Resources Management Council or, when the context permits, to individual members, subcommittee, its staff, agents or employees. Council membership shall consist of those individuals appointed by the respective appointing authorities. Public members of the Council should attend a procedures and orientation session provided by Council staff prior to performing their duties as full Council members.

I.“Council office” refers to the office of the Council at the Oliver Stedman Government Center, 4808 Tower Hill Road, Wakefield, Rhode Island 02879-1900.

J.“Council meeting” means any meeting of the full Council or a subcommittee.

K.“New evidence” is that which is of a material and controlling nature and was not by the exercise of ordinary diligence discoverable in time to be presented at the evidentiary hearing.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.2 Meetings and Members

A.The regular meeting schedule, unless changed by the Chairman or the Vice Chairman, shall consist of the second (2nd) and fourth (4th) Tuesday of the months of September through June and only the fourth (4th) Tuesday in July and August.

B.The quorum of the Council shall be pursuant to R.I. Gen. Laws § 46-23-4.

C.A majority vote shall be a majority of those present and voting. If a Council member wishes to abstain, Council member shall announce the abstention prior to a hearing and vote on the matter. An abstention shall not be counted as a vote in the tally, but shall be counted for the purposes of maintaining a quorum.

D.The Council may have closed meetings. Such meetings shall be in accordance with the exceptions to the Open Meeting Law as set out in Rhode Island General Laws Chapter 42-46, as amended.

E.All meetings of the Council shall be open to the public except as set out in § 1.2(D) of this Part above and the public shall have a reasonable opportunity to be heard.

F.In any twelve (12) month period, when a Council member has three (3) unnoticed non-appearances at full Council meetings, the Chairman is authorized to contact said members appointing authorities to request appointment of an active member.

G.Prior to serving on the Council all members shall complete a training program developed by the agency staff. As a condition of continuing to serve on the Council, members must routinely attend and serve on a subcommittee and attend training.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.3 Subcommittees

A.The Chairman of the Council shall establish standing Subcommittees with varying functions as approved by the Council. In the absence of the Chairman, the Vice Chairman may establish these Subcommittees.

B.Additionally, the Chairman in his/her discretion may appoint standing Special Area Management Plan (SAMP) Subcommittees to hear contested cases resulting from the implementation of the Council's Special Area Management Plans. However, in appropriate circumstances, contested cases may be heard by the full CRMC, or ad hoc Subcommittees, as determined by the Chairman. The Chairman and Vice Chairman shall sit ex officio on all Subcommittees.

C.Hearing Subcommittees shall consist of all Council members who attend the initial Subcommittee meeting and all subsequent meetings of Subcommittee.

D.Only those Subcommittee members who have attended all meetings of the Subcommittee may vote on the Subcommittee recommendation.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.4 Application for Council Permits

1.4.1Proposed Actions Requiring a Council Permit

A.All developments or operations within, above or beneath the tidal waters below the mean high water mark extending out to the extent of the State's jurisdiction in the territorial sea, and those occurring on coastal features or within all directly associated contiguous areas which are necessary to preserve the integrity of coastal resources, any portion of which extends onto the most inland shoreline feature of its two hundred foot (200’) contiguous area, or as otherwise set out in the Coastal Resources Management Program, require a Council Assent. (See the definition of development in Part 20-00-1 of this Title)

B.The design, location, construction alterations(s), or operation of:

1.Power generating and desalination plants;

2.Chemical or petroleum processing, transfer or storage;

3.Minerals extraction;

4.Sewage treatment and disposal and solid waste disposal facilities whether residential, municipal or industrial;

5.Shoreline protection facilities and activities occurring on shoreline physiographical features and all directly associated contiguous areas which are necessary to preserve the integrity of such facility and/or features;

6.Alterations to, or activities occurring on coastal wetlands and all directly associated contiguous areas which are necessary to preserve the integrity of such wetland.

C.Where the Council finds a reasonable probability or conflict with adopted Regulations of this Title or damage to the coastal environment.

D.All developments or operations which may alter the character of any freshwater wetland in the vicinity of the coast.

1.4.2Information Requirements, Application Forms and Fees

A.Application forms may be obtained from the Coastal Resources Management Council, Oliver Stedman Government Center, 4808 Tower Hill Road, Wakefield, R.I. 02879-1900, by calling (401) 783-3370, or from the CRMC website: www.crmc.ri.gov.

B.An application checklist/instruction sheet will be provided to each applicant together with required forms.

C.Applicants must complete four (4) application forms and return them together with the proper application processing fee to the Coastal Resources Management Council. Application processing fees are non-refundable in the event the CRMC denies an application or another State agency denies a permit that is a prerequisite for a CRMC Assent.

D.Public, Quasi-public Entity: The above fees may be waived for any public or quasi-public entity based upon a finding by the Executive Director of general public benefit.

E.Applicants shall be required to obtain and certify that they have in their possession current approvals from municipal bodies which are otherwise required for the proposed action. Municipal approval shall be construed to mean compliance and conformity with all applicable comprehensive plans and zoning ordinances and/or the necessary variance, exception and other special relief there from (see § 20-00-1.3.1(A) of this Title). However, qualifying businesses may be exempt from this requirement provided they meet the provisions of R.I. Gen. Laws § 42-35-3.5.

F.Applicants shall further be required to obtain and certify that they have in their possession current approvals from all other agencies which are otherwise required for the proposed action. However, qualifying businesses may be exempt from this requirement provided they meet the provisions of R.I. Gen. Laws § 42-35-3.5.

G.The above required municipal and State approvals shall be construed as a prerequisite for any application before the Council considers the application. The Council may waive the requirements of obtaining approvals in the usual sequence by a majority vote of the Council. But a final Assent shall not be issued until all required approvals have been obtained.

H.In contested cases, the Subcommittee shall not proceed until it has received the comments from staff biologist, staff engineer, Historical Preservation Commission, and water quality certification comment.

I.Provided they meet the provisions of R.I. Gen. Laws § 42-35-3.5, a qualifying business may request, in writing, a concurrent review at the time of filing a CRMC application. Upon receiving the written request, the CRMC will conduct a simultaneous application review with other applicable State agencies and the municipality provided the business obtains a preliminary determination from the local municipality that demonstrates the proposed project is consistent with the applicable municipal zoning ordinances. Under this process, the CRMC will not require prior approvals or permits from municipalities or State agencies under §§ 1.4.2(E) and (F) of this Part above to conduct the simultaneous review. The CRMC, however, will not issue the CRMC Assent until such time that the applicant submits to the CRMC the required municipal and State agency permits.

1.4.3Application Requirements for Expedited Review of Projects Seeking Insurance Institute for Business & Home Safety (IBHS) Fortified Home™ Program Designation

A.Applicants for projects seeking the IBHS Fortified Home™ Program Certification shall file with their CRMC Assent application a copy of their Fortified Home™ Evaluation Application.

B.Fortified Bronze level applications are eligible for expedited review only until December 31, 2017. Beginning January 1, 2018, only Fortified Silver or Gold level projects will be eligible for the expedited permit incentive.

C.Bronze level re-roofing projects on existing homes are eligible for expedited review and Assent issuance within five (5) business days or less, provided there are no changes in the rooflines or structural footprint expansion.

D.Silver and Gold level projects for new home construction or renovation to existing homes are eligible for expedited application review and Assent issuance within fifteen (15) business days or less provided they have a complete application as determined by CRMC staff, meet Category A application requirements, and there are no variance requests for setback, buffer and stormwater standards as specified in §§ 20-00-1.1.9, 1.1.11 and 1.3.1(F) of this Title, respectively.

E.Fortified Home™ Program applicants must provide a permit bond payable to the CRMC in the amount of five thousand dollars ($5,000.00) for Bronze level certification and twenty thousand dollars ($20,000.00) for Silver and Gold level certifications. The CRMC shall release the permit bond upon the project completing the requirements of the Fortified Home™ Program and providing certification of such to the CRMC within ninety (90) days following the issuance of a Certificate of Occupancy issued by the local building official. Upon a determination by CRMC staff that the applicant failed to provide the Fortified Home™ Program certification within the specified period, the applicant shall be in default and the bond shall be forfeited to the CRMC. Further, two (2) defaults by an applicant will commence their ineligibility for the expedited review program, pursuant to this Section, for a period of five (5) years.

1.4.4Schedule of Fees

A.All filing fees are set by the Council and are non-refundable.

B.Only when an application is filed within one (1) year of a Council Determination Request report may the filing fee be applied against the filing fee of other applications for Council Assent.

1.4.5Determination Request

A.Those projects for a single-family residential structure (existing or proposed), including a coastal feature verification for the site, filed by a homeowner or potential homeowner: three hundred dollars ($300.00)

B.All other projects (e.g., development of subdivisions, condominiums, commercial, industrial, waterfront business, etc.), including a coastal feature verification for the site: one thousand dollars ($1,000.00)

C.Jurisdictional determinations: one hundred dollars ($100.00)

1.4.6Applications for Council Assent

A.All fees are summative. In addition, all fees are filing fees and are non-refundable.

1.New Residential Boating Facility (pier/dock): one thousand five hundred dollars ($1,500.00)

2.Modification of under fifty percent (50%) of size (area) of a current assented residential boating facility: two hundred fifty dollars ($250.00)

3.Residential development projects (condominiums, subdivisions, paper subdivisions, etc.): three thousand five hundred dollars ($3,500.00) for the first six (6) units/lots and four hundred dollars ($400.00) for each additional unit/lot, plus one half of one percent (0.5%) of estimated project cost (see below) of the infrastructure (roads, drainage, etc.) of the project. For the purposes of this determination a paper subdivision is a subdivision of a parcel of land which involves no application for construction (roads, utilities, dwellings, etc.), except residential development projects.

4.All units and/or lots that are part of a Council-approved subdivision application and are within CRMC jurisdiction and are submitted to the Council for Assent in accordance with all conditions and stipulations of the approved subdivision application: fee shall be equal to half of the single-family residential home application fee

5.All other projects (not identified herein, including reviews conducted pursuant to § 20-00-1.3.3 of this Title):

a.Estimated Project Cost (EPC). Determination of the EPC shall be based, where applicable, on the EPC accepted by the building official subject to acceptance by the CRMC. The EPC shall include all costs associated with site preparation (e.g., earthwork, landscaping, etc.), sewage treatment and disposal (e.g., cost of an Onsite Wastewater Treatment Systems (OWTS), sewer extension, sewer tie-in, etc.), and construction costs (e.g., materials, labor, installation of all items necessary to obtain a Certification of Occupancy, etc.). For projects where the determination is not available, the EPC shall be provided by the applicant subject to its acceptance by CRMC after review of the application. For an individual homeowner project, this can be estimated based on the best information available concerning the construction costs. Applicants for all other types of projects shall provide documentation showing the basis on which the EPC was determined. Where additional specificity in the documentation is deemed necessary by CRMC staff, a written estimate by a qualified appraiser, engineer, or architect will be supplied by the applicant.

(1)Projects with an (EPC) up to and including five hundred dollars ($500.00) shall be assessed a twenty-five dollar ($25.00) application fee.

(2)Projects with an (EPC) greater than five hundred dollars ($500.00) and less than or equal to one thousand dollars ($1,000.00) shall be assessed a fifty dollar ($50.00) application fee.

(3)Projects with an EPC greater than one thousand dollars ($1,000.00) and less than or equal to two thousand five hundred dollars ($2,500.00) will be assessed a one hundred dollar ($100.00) application fee.

(4)Projects with an EPC greater than two thousand five hundred dollars ($2,500.00) and less than or equal to five thousand dollars ($5,000.00) will be assessed a one hundred fifty dollar ($150.00) application fee.

(5)Projects with EPC greater than five thousand dollars ($5,000.00) and less than or equal to ten thousand dollars ($10,000.00) will assessed a two hundred dollar ($200.00) application fee.

(6)Projects with EPC greater than ten thousand dollars ($10,000.00) and less than or equal to twenty-five thousand dollars ($25,000.00) will assessed a two hundred fifty dollar ($250.00) application fee.

(7)Projects with EPC greater than twenty-five thousand dollars ($25,000.00) and less than or equal to fifty thousand dollars ($50,000.00) will assessed a five hundred dollar ($500.00) application fee.

(8)Projects with EPC greater than fifty thousand dollars ($50,000.00) and less than or equal to one hundred thousand dollars ($100,000.00) will assessed a seven hundred fifty dollar ($750.00) application fee.

(9)Projects with EPC greater than one hundred thousand dollars ($100,000.00) and less than or equal to one hundred fifty thousand dollars ($150,000.00) will assessed a one thousand dollar ($1,000.00) application fee.

(10)Projects with EPC greater than one hundred fifty thousand dollars ($150,000.00) and less than or equal to two hundred thousand dollars ($200,000.00) will assessed a one thousand two hundred fifty dollar ($1,250.00) application fee.

(11)Projects with EPC greater than two hundred thousand dollars ($200,000.00) and less than or equal to two hundred fifty thousand dollars ($250,000.00) will assessed a one thousand five hundred dollar ($1,500.00) application fee.

(12)Projects with EPC greater than two hundred fifty thousand dollars ($250,000.00) and less than or equal to three hundred thousand dollars ($300,000.00) will assessed a one thousand seven hundred fifty dollar ($1,750.00) application fee.

(13)Projects with EPC greater than three hundred thousand dollars ($300,000.00) and less than or equal to three hundred fifty thousand dollars ($350,000.00) will assessed a two thousand dollar ($2,000.00) application fee.

(14)Projects with EPC greater than three hundred fifty thousand dollars ($350,000.00) and less than or equal to four hundred thousand dollars ($400,000.00) will assessed a two thousand two hundred fifty dollar ($2,250.00) application fee.

(15)Projects with EPC greater than four hundred thousand dollars ($400,000.00) and less than or equal to four hundred fifty thousand dollars ($450,000.00) will assessed a two thousand five hundred dollar ($2,500.00) application fee.

(16)Projects with EPC greater than four hundred fifty thousand dollars ($450,000.00) and less than or equal to five hundred thousand dollars ($500,000.00) will assessed a two thousand seven hundred fifty dollar ($2,750.00) application fee.

(17)Projects with an EPC greater than five hundred thousand dollars ($500,000.00) and less than or equal to twenty million dollars ($20,000,000.00) will be assessed an application fee of two thousand seven hundred fifty dollars ($2,750.00) plus one-half of one percent (0.5%) of the EPC beyond five hundred thousand dollars ($500,000.00), to a maximum fee of one hundred thousand two hundred and fifty dollars ($100,250.00).

(18)Projects with an EPC greater than twenty million dollars ($20,000,000.00) will be assessed an application fee of one hundred thousand two hundred fifty dollars ($100,250.00) plus one-fourth of one percent (0.25%) of the EPC beyond twenty million dollars ($20,000,000.00).

6.Maintenance fees shall be assessed as follows:

a.Projects with an EPC up to five hundred dollars ($500.00) will be assessed a twenty dollar ($20.00) application fee;

b.Projects with EPC greater than five hundred dollars ($500.00) and less than or equal to one thousand dollars ($1,000.00) will assessed a thirty-five dollar ($35.00) application fee;

c.Projects with an EPC greater than one thousand dollars ($1,000.00) and less than or equal to five thousand dollars ($5,000.00) will be assessed an application fee of fifty dollars ($50.00).

d.Projects with EPC greater than five thousand dollars ($5,000.00) and less than or equal to ten thousand dollars ($10,000.00) will assessed a one hundred dollar ($100.00) application fee.

e.Projects with an EPC greater than ten thousand dollars ($10,000.00) and less than or equal to twenty million dollars ($20,000,000.00) will be assessed an application fee of one hundred dollars ($100.00) plus one-half of one percent (0.5%) of the EPC beyond ten thousand dollars ($10,000.00), to a maximum fee of one hundred thousand fifty dollars ($100,050.00).

f.Projects with an EPC greater than twenty million dollars ($20,000,000.00) will be assessed an application fee of one hundred thousand fifty dollars ($100,050.00) plus one-fourth of one percent (0.25%) of the EPC beyond twenty million dollars ($20,000,000.00).

8.Assent Renewal or Extensions:

a.Single Family Residence: seventy-five dollars ($75.00)

b.All Others: two hundred fifty dollars ($250.00)

9.Request for Modification of Assent shall be assessed the following application fees:

a.Single Family Residence where no public hearing is necessary: one hundred dollars ($100.00)

b.All others shall be charged the appropriate application fee or two hundred fifty dollars ($250.00) whichever is greater.

c.CRMC permitted aquaculture operation: one hundred dollars ($100.00)

10.Beach Vehicle Permits:

a.Annual, in-State vehicle registration: one hundred dollars ($100.00)

b.Annual, out-of-State vehicle registration: two hundred dollars ($200.00)

11.Lightering fee: two hundred fifty dollars ($250.00) each transfer

12.Buffer Zone Alterations and/or Management Plans shall be assessed the following application fees based on acreage affected:

a.When the buffer zone alteration and/or management plan covers less than or equal to one-half (1/2) an acre: five hundred dollars ($500.00)

b.When the buffer zone alteration and/or management plan covers an area greater than one-half (1/2) an acre but less than or equal to one (1) acre: six hundred dollars ($600.00)

c.When the buffer zone alteration and/or management plan covers an area greater than one (1) acre but less than or equal to five (5) acres: seven hundred fifty dollars ($750.00)

d.When the buffer zone alteration and/or management plan covers an area greater than five (5) acres: one thousand dollars ($1,000.00)

13.Structural Shoreline Protection Facilities shall be changed an application fee as follows:

a.New structural shoreline protection facilities shall be charged an application fee of one thousand five hundred dollars ($1,500.00) for the first one hundred linear feet (100’) and fifteen dollars ($15.00) per linear foot thereafter.

b.Maintenance to structural shoreline protection facilities shall be charged an application fee in accordance with § 1.4.6(A)(6) of this Part above.

14.Onsite Wastewater Treatment Systems (OWTS) shall be charged the following application fees:

a.Single family homes (alteration or repair): eighty dollars ($80.00)

b.All other OWTS (alteration or repair): one hundred five dollars ($105.00)

15.If a project requires outside consultant staff or extraordinary professional assistance, the CRMC may negotiate a special grant with the applicant to pay the same in accordance with R.I. Gen. Laws § 46-23-8.

16.Aquaculture Renewal Fee: seventy-five dollars ($75.00)

17.Recreational Aquaculture Fee:

a.Initial: fifty dollars ($50.00)

b.Annual: twenty-five dollars ($25.00)

18.Experimental Aquaculture, Each Site: twenty-five dollars ($25.00)

19.The Executive Director, in his discretion and with the concurrence of the Chairman, may reduce an application fee for commercial, industrial and mixed use projects within the urban core or growth center coastal communities of Providence, East Providence, Pawtucket, and Newport or for projects that meet the requirements of R.I. Gen. Laws § 42-64-7 et seq. (Mill Building and Economic Revitalization Act), where such application is eligible for an administrative Assent and meets all applicable programmatic goals, policies, and standards. The reduced fee shall be no less than the estimated processing time of Council staff of a rate per hour set by the Planning and Procedures Subcommittee (as of May 2006: five hundred dollars ($500.00) per hour). The minimum application fee shall be five thousand dollars ($5,000.00).

20.Projects that are determined to be brownfield sites under applicable DEM Rules and Regulations (250-RICR-140-30-2) shall be assessed an application fee of five thousand dollars ($5,000.00).

21.Application fees for projects which have applied for and been accepted by the Army Corps of Engineers as non-Federal dredging applicants in conjunction with the Federal maintenance dredging of the Providence River and Harbor, are hereby waived. This waiver is only available during the time that the Federal Providence River and Harbor Maintenance Dredging project is operational, and upon completion of this Federal navigation project this provision will become null and void. The Executive Director shall report to the Council when this provision becomes null and void.

22.CAD Cell Disposal Fee:

a.Marinas, Boatyards, Yacht Clubs: thirty-five dollars ($35.00) per cubic yard (cy)

b.Commercial Facilities: forty-three dollars ($43.00) per cy

c.Residential Docks: fifty dollars ($50.00) per cy

23.§ 20-00-1.3.3 Waiver Requests: one thousand dollars ($1,000.00)

24.Project reviews conducted pursuant to § 20-00-1.3.3 of this Title, which are determined to require a Council Assent, shall pay an application fee in accordance with § 1.4.6(A)(5) of this Part above.

25.The application fee for Coastal Hazard Resiliency Projects, including but not limited to flood proofing, elevating structures and other accepted methods, in association with Army Corps of Engineers funded projects shall be waived.

1.4.7Administrative Fees for Activities Which Have Occurred Without a Valid CRMC Approval

A.Administrative Reviews:

1.In accordance with Council Regulations, all activities or alterations which have already occurred, or have been constructed or partially constructed without a Council Assent shall be subject to the fee schedule contained in § 1.4.6 of this Part. In addition, the Executive Director shall assess the following administrative fees which take into account the additional demand on Council resources (see § 20-00-1.1.12 of this Title, formerly RICRMP Section 160):

a.Illegally constructed structures and unauthorized activities located in tidal waters and/or on adjacent coastal or shoreline features shall be assessed a five hundred dollar ($500.00) administrative fee;

b.Illegal activities excluding those classified as maintenance activities under the RICRMP shall be assessed a two hundred fifty dollar ($250.00) administrative fee; and,

c.Unauthorized maintenance activities shall be assessed a one hundred dollar ($100.00) administrative fee.

d.The Executive Director may, based on the impact to coastal resources, hardship on an applicant, and the cost of Council resources associated with enforcement and staff review, adjust the administrative fees described above.

2.Applications before the Council:

a.In accordance with Council Regulations, all activities or alterations which have already occurred, or have been constructed or partially constructed without a Council Assent shall be subject to the fee schedule contained in § 1.4.6 of this Part. In addition, the Council shall assess an appropriate administrative fee based on a recommendation by the Executive Director. The recommended administrative fee shall take into account the impact on coastal resources, additional demand on Council resources, and hardship on an applicant.

1.4.8Contested Cases

A.Whenever the Council determines that an application has become a contested case that requires a Subcommittee hearing(s) as defined herein and in its Regulations, the applicant shall pay the actual costs of the Subcommittee hearing process including, but not limited to, stenographer, staff overtime, legal staff, transcript costs, printing costs, public notice costs, rental of meeting room, and the costs of security personnel.

1.4.9Petitions for Regulation Changes

A.Applicants petitioning the Council to make Regulation changes pursuant to the Rhode Island Administrative Procedures Act, R.I. Gen. Laws § 42-35-6, shall file a written request detailing the proposed Regulation change with track changes, proposed text, and the reasoning and necessity for the proposed Regulation change.

1.4.10Hardships

A.Where an applicant can demonstrate that the fee schedule described herein presents an undue hardship, the Council may adjust the application fee, administrative fee, and/or contested case fees.

1.4.11Applications involving Freshwater Wetlands in the Vicinity of the Coast

A.In cases where a proposed project or activity is subject to the permit jurisdiction of the Council solely due its proximity to freshwater wetlands in the vicinity of the coast, the Council shall charge a fee equal to that required under Part 20-00-2 of this Title, Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast.

B.When a proposed project or activity is subject to the Council’s jurisdiction and permit requirements due to the nature of the project or activity, its proximity to a coastal feature, or its location within the boundaries of the Narrow River or Salt Ponds watersheds (as defined in the respective Special Area Management Plans), and the proposed project or activity is also subject to Part 20-00-2 of this Title, Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast, due to its proximity to freshwater wetlands, then one (1) application fee shall be required. In such cases, the fee shall be the higher of the two (2) fees required by this Section and Part 20-00-2.

1.4.12Modifications to Pending Applications

A.When an applicant or his/her consultant(s) submits re-designed site plans for a proposed activity after staff reports have been completed, or more than two (2) times during the course of review of an application or a modification, the Executive Director in his discretion may set a review fee that is additional to the application fee for such extra staff review time and that which is consistent with the rate-per-hour fee allowances of § 1.4.6(A)(20) of this Part above, provided however that the applicant will not be charged in instances where staff has requested additional information and the applicant provides the requested information.

1.4.13Requests for Continuances Are Subject to the Following Fees

A.First (1st) Request: one hundred dollars ($100.00)

B.Second (2nd) Request: two hundred fifty dollars ($250.00)

C.Third (3rd) or Greater: five hundred dollars ($500.00)

1.4.14Transatlantic Cables. Consistent with R.I. Gen. Laws Chapter 46-23 et seq. and Specifically R.I. Gen. Laws § 46-23-1(f)(2), the Fee for Transatlantic Cables Making Landfall in Rhode Island Shall Be Set at:

A.Forty thousand dollars ($40,000.00) per annum per active cable; and,

B.Two thousand five hundred dollars ($2,500.00) one (1) time fee per inactive cable.

1.The annual fee for existing active cables shall be assessed by the CRMC immediately upon enactment and pro-rated to the calendar year. All such subsequently CRMC-approved active cables shall be assessed at the time of approval and pro-rated to the calendar year. Inactive cable fees are due in full upon enactment.

2.The annual fee shall be due on January 1st of each year.

3.The fee schedule shall be re-evaluated every five (5) years.

4.For purposes of this Regulation a transatlantic cable is one that spans or crosses the Atlantic Ocean from Rhode Island to another country other than Canada or Mexico. It resides in, on or over Rhode Island’s submerged lands within the State’s three (3) mile limit.

5.As further defined herein, an active transatlantic cable is a cable functioning and operating for its intended purposes. An inactive transatlantic cable is a cable which is not active and intended by its record owner to be permanently inactive. Inactive does not include temporary periods of inactivity for maintenance, repairs, replacement or other similar purposes.

6.The record owner of an active transatlantic cable that makes landfall in Rhode Island shall provide written notice to CRMC of the record owner’s termination of activity of an active submerged transatlantic cable that makes landfall in Rhode Island. Such notice shall be provided to CRMC within ten (10) days of such termination. Once a cable is considered inactive, the one (1) time fee shall become applicable in the next calendar year.

7.The record owner of an inactive transatlantic cable that makes landfall in Rhode Island will provide written notice to CRMC of the record owner’s reactivation of an inactive submerged transatlantic cable that makes landfall in Rhode Island. Such notice shall be provided to CRMC within ten (10) days of such reactivation.

8.If there is a change in ownership the record owner shall notify CRMC of the change in ownership and who the new record owner is within thirty (30) days of the change.

1.4.15 Administrative Penalty Matrix

A.The Administrative Penalty Matrix is used to capture information about a violation and establish a baseline penalty when assessing administrative fines as described in § 20-00-1.1.13 Violations and Enforcement Actions. The baseline penalty may be adjusted downward or upward based on special circumstances.

B.Special Circumstances. Enforcement staff recognizes unique or special circumstances that cannot be captured in the matrix. This adjustment factor is intended to provide CRMC Enforcement Staff with flexibility to make upward and downward adjustments to a calculated baseline penalty based upon unique circumstances that do not clearly fit within the matrix. When used, the special circumstances must be specifically explained, and peer reviewed by CRMC enforcement staff. Enforcement staff shall also consider Section 1.1.13 (C) 5, (C) 6, (C) 7, (C) 9, and (C)10 as described in § 20-00-1.1.13 Violations and Enforcement Actions.

1.Examples of special circumstances which would warrant downward adjustment of the baseline penalty include, but are not limited to, good faith efforts to comply before or after the discovery of the violation, and violations caused by circumstances beyond the control of the responsible party which could not be prevented by due diligence.

2.Examples of special circumstances which would warrant upward adjustment of the baseline penalty include, but are not limited to, economic or competitive advantage gained by the responsible party and deterrence of future noncompliance.

C.Baseline Penalty

1.Impacts to Public Health, Safety, Welfare, and the Environment

a.As described in § 20-00-1.1.13(C) 1 The actual or potential impact on public health, safety and welfare and the environment or failure to comply.

POINT VALUE

AREA AFFECTED

EXTENT OF DEVIATION FROM REGULATIONS

ACTUAL AND POTENTIAL DAMAGES SUFFERED AND COSTS INCURRED

NONE-NEGLIGIBLE

MODERATE

HIGH

2.Aggravating Factors

a.Circumstances surrounding the violation that are sufficient to raise its severity and penalty to the aggravated version of the violation,

POINT VALUE

PERMIT/ ENFORCEMENT HISTORY

PUBLIC INTEREST

INTENTIONALITY

NONE-NEGLIGIBLE

MODERATE

HIGH

D.Explanation of Categories

1.Area Affected: The extent of regulated area or areas damaged, impacted, and/or altered as a result of the violation.

2.Extent of Deviation from the Regulations: The degree to which the violator has deviated from the substance and intent of the applicable regulatory requirement(s).

3.Actual and Potential Damages Suffered and Costs Incurred: As described in § 20-00-1.1.13 (C) 2 as a result of the violation.

4.Permit/Enforcement History: Whether the violator and/or property(ies) in violation have a CRMC permit history and further described in § 20-00-1.1.13 (C) 4.

5.Public Interest: As described in § 20-00-1.1.13 (C) 11 and further described as the impact on the public’s use and enjoyment of the states coastal resources as a result of the violation.

6.Intentionality: As described in § 20-00-1.1.13 (C) 8, whether the violation was the result failure to comply was willful or knowing and not the result of error.

E.Ratings

None - Negligible: Either zero evidence or small enough evidence to be insignificant.

0-1 point.

Moderate: Enough evidence to be considered, but small enough to not pose a significant issue.

2- 3 points.

High: Significant evidence of impact.

4- 5 points.

F.Penalty Assessment Based on Point Total

5 - 9 points = $250 - $2,000

10 – 14 points = $2,000 - $4,000

15 – 19 points = $4,000 - $6,000

20 – 24 points = $6,000 - $8,000

25 – 30 points = $8,000 - $10,000

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.5. Notification and Review of Permit Applications

1.5.1Notification

A.Upon receipt of complete applications, including necessary plans and attachments thereto which meet all the prerequisites of the Council as set forth herein, the Council shall cause to place public notice of the pendency of said application and a brief description of the proposed activity, the Regulations from which variances are sought and the percent of the deviation from the standard and/or whether a special exception is required.

B.Public notice shall be sent on formal applications and/or starred (*) administrative applications to immediate abutters, appropriate municipal agencies in the area or areas so affected by the activity, appropriate quasi-municipal and State agencies which may be affected by the proposed activity, appropriate citizen interest groups, as well as State and local officials in the area or areas of the proposed activity.

C.It further shall be the policy of this Council that anyone interested in receiving notice of the pendency of any application or matter which requires that the Council advertise a noticed public review period and is pending before this Council which would be the subject matter of this notification procedure, individually request to the Council in writing his/her desire to receive such notification. Petitions for or against any application or matter pending before the Council shall not constitute a request for notification. This request may address itself to receipt or notification of a single application, a group of applications affecting an area or subject matter or a general request of notifications of all applications and/or matters subject to notification procedure, pending before the Council. The immediate abutters shall also be notified except when the application requires noticing more than fifty (50) abutters. In these cases, the Council’s notification procedures will be conducted in accordance with the notification requirements of the Administrative Procedures Act.

D.If an applicant and/or interested party is to be represented by an attorney, that party's attorney must enter an appearance in writing, to be placed on the notification list and be considered an attorney of record. The Council will make available an appropriate entry of appearance form. Should an attorney wish to withdraw his/her appearance, written notification must be sent to the Council, by registered or certified mail, return receipt requested, specifying the applicant's name and pending file number. Withdrawal may only be granted by leave of the Chairman or Executive Director.

E.The date of this notification shall commence a thirty (30) day comment period whereby comments concerning the application shall be received by the Council.

F.In the event that during this thirty (30) day period formal written objection and/or request for hearing is received by the Coastal Resources Management Council from an interested party and said formal written objection and/or request for hearing is substantiated by genuine and material reason as outlined in § 20-00-1.1.6(G) of this Title therefore, the matter shall then become a contested case under the Rules and Regulations of the Council, whereupon a public hearing may be scheduled at a time immediately following the thirty (30) day objection period.

G.Upon the expiration of the thirty (30) day period, the Council shall consider the application including staff reports and recommendations thereon, reports and recommendations from other State and local agencies thereon, and comments thereon. When an application requires, as a condition of Assent, that a deed restriction is necessary, the proposed language for said restriction shall be, unless the Executive Director determines the application would be better processed without it, made part of the staff reports to the Council.

H.The Council shall further investigate and review the site of the proposed activity through one (1) or more of its own members.

I.Thereafter, at a meeting of the Council, the application shall be considered and acted upon.

J.For applications that are lacking information to begin review, staff shall prepare a letter specifying the information necessary to begin the review of said applications. If no information or reply is received within thirty (30) days, such applications shall be deemed deficient and shall not be accepted by the Council. The applicant shall be notified of this decision.

K.For applications that are active (accepted for review), staff may request additional information to aid in the review of said applications. If there is no communication or action on said request, staff shall prepare a letter, advising the applicant that such information shall be received within thirty (30) days or said applications shall be canceled. If no reply is received within thirty (30) days, the application shall be canceled by the Executive Director by letter (certified mail, return receipt requested). The file shall then be closed without prejudice to the applicant and the applicant notified as such.

L.Once a final staff report(s) is filed, an application cannot be revised except in the discretion of the Executive Director or the full council. The revision may be subject to the fee provisions of §§ 1.4.4 through 1.4.14 of this Part.

M.Assents for activities on properties cited for a violation of the Program shall not be issued until all enforcement issues related to that property are resolved. This Rule shall not apply when such applications are submitted to resolve an enforcement action, as directed by the Council’s enforcement staff.

N.Whenever an application has been brought before the Council three (3) times, and the applicant or his legal counsel has failed to appear or offer an acceptable explanation for their absences, then the application shall be canceled without prejudice to the applicant.

O.Low and Moderate Income Housing. Low and moderate income housing project applications received by the Council that seek the preferred status afforded under R.I. Gen. Laws Chapter 45-53 shall include a letter from the affected community noting clearly that said community has an affordable housing plan and that said application is therefore seeking said preferred status.

1.5.2Contested Cases

A.In the event an application or matter pending before this Council becomes a contested case as defined herein, the Council shall then schedule a public hearing before a duly authorized and appointed Subcommittee on the matter. The Subcommittee shall render a recommendation within thirty (30) days of the final hearing unless the Chairman of the Council extends such period.

B.Notice of this public hearing shall be in conformity with R.I Gen. Laws Chapter 42-35 to ensure all parties be afforded an opportunity to be heard.

C.Public hearing shall not be convened until all information required by § 1.4.2 of this Part has been received by the Subcommittee.

1.5.3Hearings

A.Hearings required or permitted shall be conducted in accordance with appropriate Rules of Law and these Rules and Regulations. Hearings may be before a duly appointed Subcommittee before the Council as a whole, as designated by the Chairman in his/her sole discretion. A Subcommittee hearing shall be required when a substantive objection is received from any party or when requested by members (a vote of four (4) or more) of the Coastal Resources Management Council.

B.In the case of hearings before a duly-appointed Subcommittee, the full hearing shall be before such Subcommittee. A record shall be kept as provided herein. The Subcommittee shall then report its recommendations to the full Council. The record shall be available to the full Council and all parties of record. After the Subcommittee recommendation is formally submitted to the full Council, parties may present new evidence before the full Council at the full Council hearing.

C.Upon hearing all of the facts and reviewing the record in its entirety, the Council shall render its decision in accordance with R.I. Gen. Laws Chapter 42-35.

D.In any contested case, all parties shall be served with such notice as may be provided for by law, or, in the absence of such provision, as may be ordered by the Council.

E.In the event formal withdrawal of pending written objection to a contested matter is received and/or requested by the objector and/or interested party or representative, it shall be within the sole discretion of the Council to withdraw the matter as a contested case.

F.In the event that an applicant does not appear before a duly scheduled Subcommittee hearing in accordance with R.I. Gen. Laws §§ 46-23-6 and 42-35-9(d), a default shall be entered against the applicant, except the Chairman, if he determines there is good cause for the applicant not appearing, may waive this requirement.

G.In the event that no interested party in opposition to the application appears at the Subcommittee, and the applicant has not requested the opportunity to examine staff members or other State agency commentators, then the matter shall be declared an uncontested case and be assigned to the next undocketed regular Council meeting.

H.At any Council hearing on any application, the applicant or his legal representative must be present. In extraordinary circumstances, the Council may allow an immediate family member to speak on behalf of the applicant, but this shall be in the sole discretion of the Chairman.

1.5.4Pleadings

A.Forms. All Pleadings, (including complaints, answers, motions and petition) shall be on white paper, eight and one half inches by eleven inches (8 1/2" x 11") in size.

B.Filing. Whenever a pleading or other document or paper is required to be filed with the Council, it shall be filed in quadruplicate.

C.Pleading. Any person (including the Council) filing a Pleading complaint or other document shall adhere to the following form for such purpose:

1.At the top of the page shall appear the wording "Before the Rhode Island Coastal Resources Management Council." On the left side of the page below the foregoing shall be set out: "In the Matter of (name of applicant)." Opposite the foregoing shall appear the type of pleading offered or other properly labeled title.

2.The body of the pleading or other document shall be set out in numbered paragraphs which:

a.Identify the parties by name and address; and

b.Concisely state the facts which form the basis for the pleading or other pleading or documentation.

3.All Pleadings (except those filed by and in the name of the Council) shall be in writing and sworn to.

4.Upon the filing of an application and/or complaint the Council, if it has not already done so, shall assign a file number or docket number to the proceeding and shall enter said number on the original of the pleading.

1.5.5Consolidation; Separate Hearings

A.When matters involving a common question of law or fact are pending before the Council, it may order a joint hearing of any or all the matters at issue in the proceeding; it may order all the proceedings consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

B.The Council, in furtherance of convenience or to avoid prejudice, may order a separate hearing of any matters or allegation against any person or of any separate issue.

1.5.6Pre-hearing Conference Rule

A.In any proceeding of the Council upon its own motion, or upon the motion of one (1) of the parties or their qualified representatives, may in its discretion direct the parties of their qualified representatives to appear at a specified time and place for a conference to consider:

1.The simplification of the issues;

2.The necessity of amendments of the Pleadings;

3.Possibility of obtaining stipulations, admissions of facts and of documents;

4.The limitation of the number of expert witnesses; and

5.Such other matters as may aid in the disposition of the proceedings.

B.The Council shall make an order or statement which recites the action taken at the conference, the amendments allowed to the Pleadings or application and the agreements made by the parties or their qualified representatives as to any of the matters considered, including the settlement or simplification of issues, and which limits the issues for hearing to those not disposed of by admissions or agreements; and such order or statement shall control the subsequent course of the proceedings unless modified for good cause by subsequent order.

1.5.7Continuances

A.Any party who desires a continuance shall, immediately upon receipt of notice of a hearing, or as soon thereafter as facts requiring such continuance come to his knowledge, notify the Chairman of the CRMC or Executive Director of said desire, stating in detail the reasons why such continuance is necessary. Requests by a party to continue a hearing before the full Council may only be granted by the Chairman of the CRMC or the Executive Director and only for good cause shown. Such requests must be in writing and received by the Chairman of the CRMC or the Executive Director twenty-four (24) hours in advance of the hearing. The Council generally will not grant requests for continuances when not received in writing and/or within less than twenty-four (24) hours’ notice. Continuance requests are subject to the fee provisions of § 1.4.4 of this Part.

B.Requests made in Advance for Subcommittee Hearings. Requests by a party to continue a Subcommittee hearing must be made in writing twenty-four (24) hours prior to the day of the scheduled Subcommittee hearing. Such requests may be granted only by the Chairman of the CRMC, the Executive Director, the Chairman of the Subcommittee, or the acting Chairman of the Subcommittee for good cause shown and may be subject to a seven hundred fifty dollar ($750.00) administrative fee to cover costs incurred by the Subcommittee.

C.Requests Made on the Day of Subcommittee Hearings. Requests by a party to continue a Subcommittee hearing made on the day of the hearing or at the hearing may be granted only by the Chairman of the CRMC, Executive Director, Chairman of the Subcommittee, or acting Chairman of the Subcommittee, for good cause shown and shall be assessed an administrative fee. However, such fee shall not be assessed at less than seven hundred fifty dollars ($750.00) to cover administrative costs incurred by the Subcommittee in conducting such hearing. The Chairman of the CRMC, Executive Director, Subcommittee Chairman, or acting Subcommittee Chairman shall not grant such continuance unless given adequate assurances by the moving party that the administrative fee shall be paid prior to the next scheduled hearing. Nothing herein shall prohibit the Council or Subcommittee, other than at the request by a moving party, as above described from continuing a hearing upon its own motion.

D.During a hearing, if it appears in the public interest or in the interest of justice that further testimony or argument should be received, the Council or Subcommittee may, in its discretion, continue the hearing and fix the date for introduction of additional evidence or presentation or argument. Such oral notice shall constitute final notice of such continued hearing.

E.After close of the Subcommittee hearing by the Subcommittee Chairman, the Subcommittee may not reopen hearings unless the matter is referred back to the Subcommittee from the full Council or the Chairman of the Council. Any new evidence may be presented to the full Council at the full Council hearing.

1.5.8Rules of Evidence

A.Subject to the provision of law and to the other provisions of these Rules, all relevant evidence is admissible which, in the opinion of the Council, is the best evidence reasonably obtainable, having due regard for its necessity, availability and trustworthiness. In passing upon the admissibility of evidence, the Council shall give consideration to, but (except to the extent required by law) shall not be bound to follow, the Rules of Evidence governing civil proceedings, in matters not involving trial by jury, in the Superior Court of the State of Rhode Island.

B.When objection is made to the admissibility of evidence, such evidence may be received subject to a later ruling. The Council may, in its discretion, either with or without objection, exclude inadmissible evidence or order cumulative evidence discontinued. Parties’ objection to the introduction of evidence shall state the precise grounds of such objection at the time such evidence is offered.

C.When new evidence is proffered to the Council, the Council may accept or reject the proffered evidence, or remand the matter in whole or in part to a Subcommittee for further proceedings.

1.5.9Presentation of Expert and Lay Testimony

A.All parties to an application shall provide a list of all expert and lay witnesses it intends to present, as well as the subject matter and any new evidence, reports, or data on which the witness is expected to testify or the party intends to introduce to the Council or Subcommittee after completion of the CRMC staff reports and not less than seven (7) business days prior to the scheduled hearing. The introduction at the hearing of any new evidence, reports, or data may result in a delay and rescheduling of the hearing.

1.5.10Transcripts

A.Transcripts of testimony shall be available at the Council's office for examination by any party to the proceeding until expiration of the time during which any appeal or petition for judicial review authorized by law may be filed. Thereafter such a transcript shall not be available for examination by any person except with the approval of the Council after notice to all parties to such proceeding. If any party files proceedings for judicial review, the Council shall, upon request by any party, supply to such party a copy or copies of the transcript of the proceedings before it at such reasonable charge as the Council shall establish.

1.5.11Finding of Fact

A.Any party may, at the conclusion of a hearing or within such later time as may be fixed by the Council, submit to the Council proposed findings of fact, copies thereof to be served upon each party to the proceedings.

1.5.12Permit Extensions

A.Where the Council has issued a permit to undertake an activity in accordance with this Program, said permit shall require such activity licensed or permitted thereunder to be completed within (3) years from the date of issuance unless specifically granted a longer period of time by the Council. Extensions may be granted for good cause demonstrated by the applicant. Additionally, in determining whether to grant an extension, the Council will consider whether there has been a substantial change in the environmental conditions on the site, whether the CRMP has been amended such that the activity would now require variances or special exceptions, or additional variances or special exceptions, and whether the applicant has made a good faith effort to undertake construction of the permitted activity. In the event an applicant or his agents cannot complete said activity within the three (3) year permitted time, unless specifically granted a longer period of time by the Council, the permit shall expire unless the applicant files a timely written petition with the Council for a permit extension. The applicant may, 30 days prior to the expiration of said time, petition the Council in writing for an extension. Extensions may be granted for projects only if it has been determined by staff that the work accomplished is in compliance with the conditions of approval established by the Council.

B.The Executive Director in his discretion for cause shown may administratively grant an extension for a period of time of up to one (1) year from the expiration date of the permit. The Executive Director may grant a maximum of three (3) one (1) year extensions. However, for projects associated with public infrastructure, the Council may grant extensions for more than one (1) year.

C.Large scale projects are generally commercial or public projects which, due to their size, complexity and scope, have construction schedules which, at reasonable rates of build-out, exceed seven (7) years. The applicant may, 30 days prior to the expiration of a permit, petition the Council in writing for an extension beyond that period of time originally and specifically granted by the Council. The Council itself may grant an extension that exceeds the permitted assent completion date upon demonstration of a good faith effort to meet construction timelines. The granting of an extension by the Council shall be the minimum necessary to complete the project, but shall not exceed ten (10) years beyond that period of time originally and specifically granted by the Council. In granting this extension the Council may place additional conditions on the previous permit that may be necessary to bring remaining elements of the project in conformance with current regulatory standards.

D.A notification of permit extension shall be mailed to appropriate municipal and State agencies.

E.Where a proposed activity requires a Section 401 water quality certification (WQC) (or its waiver) from the RIDEM as a prerequisite of the Rhode Island Coastal Resources Management Program (RICRMP), the applicant shall obtain the WQC, its waiver, or its denial within one (1) year from the date of public notice otherwise the prerequisite will be waived. However, if the applicant has not obtained the section 401 water quality certification, its waiver, its cancellation, or its denial within one (1) year of the date of public notice, the prerequisite contained in the Rhode Island CRMP may be waived by the Executive Director in his discretion if he determines that there is no significant potential for the proposed activity to result in a discharge of pollutants into the State's coastal waters. Thirty (30) days prior to waiving the section 401 WQC of the RICRMP, the Council shall notify the RIDEM that it is considering such a waiver.

F.If, at any time, the RIDEM issues a denial for a section 401 WQC, then the applicant shall have thirty (30) days after such final determination of denial to obtain a section 401 WQC otherwise the application and/or the Council's approval shall be canceled.

1.5.13Modification of Actions

A.For good cause, a majority of the Coastal Resources Management Council members present at a bi-monthly meeting of the full Council, wherein action is to be taken, may vote to modify any said action taken hereunder provided reasons for such modifications are set forth on the record and in the minutes of the meetings, provided however, that the modification relates only to items on the bi-monthly agenda.

B.A notification of modification of action shall be mailed to appropriate municipal and State agencies.

1.5.14Withdrawal of Applications

A.The applicant, at any time up to the date that final staff reports are filed, may withdraw the application without prejudice. After staff reports have been filed, the application may be withdrawn only with the permission of the Council. Once the application has been withdrawn, the matter may only be considered again if the applicant submits a new application with the appropriate fee.

1.5.15Federal Consistency Determinations and Certifications

A.Council review and notification of Federal consistency certification applications for non-Federal direct activities, Federal permits, licenses, approvals, and Federal assistance, shall be in accordance with the Rhode Island Coastal Resources Management Program and these Management Procedures.

B.For purposes of notification and review, Council review of direct Federal activity consistency determinations shall be considered starred (*) administrative applications except for those activities which the Council has determined have de minimis impact.

C.Pursuant to the review and response allowances contained at 15 C.F.R. § 930.41, a fifteen (15) day notice period will commence upon receipt of the Federal consistency determination. In the event that during the fifteen (15) day comment period a formal written objection is received by the Council from an interested party, the objection must substantiate by evidence that the proposed Federal activity does not conform with the RICRMP. Such objection shall describe the reasons for the objection and provide alternative measures, if they exist, that would, in the objector’s opinion, make the activity consistent with the RICRMP.

D.Upon reviewing the record, the Executive Director shall render a decision on the consistency of the proposed direct Federal activity based on the enforceable policies of the RICRMP and pursuant to § 307 of the Federal CZMA (16 U.S.C. § 1456), or refer such matter to the full Council for such decision.

E.The Council’s action on the consistency of the proposed direct Federal activity shall follow the certification and appeal processes and procedures found in 15 C.F.R. Part 930 et seq.

F.The Council may rely upon the public notice provided by the Federal agency proposing the activity or reviewing the application for the Federal license or permit when such notice satisfies these requirements.

1.5.16Same Application Request

A.The Council will not act upon the same request unless there has been a substantial or material change in the circumstances regarding the application or the action of the Council.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.6 Practice Before the Council

A.Any person may appear before the Council in his own behalf. Any person or party who has an interest in any matter before the Council may appoint an attorney to represent him before the Council.

B.In order to represent a person or party before the Council, an attorney must comply with § 1.5.1 of this Part.

C.In extraordinary circumstances, the Council may allow an immediate family member to speak on behalf of the applicant, but this shall be in the sole discretion of the Chairman.

D.All persons appearing in proceedings before the Council in a representative capacity shall conform to the standards of conduct required of attorneys before the courts of Rhode Island. If any such person does not conform to such standards, the Council may decline to permit such person to appear in a representative capacity in any proceedings before the Council.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.7 Preliminary Investigations

A.Whenever authorized by law, the Council may conduct preliminary investigations into matters under its jurisdiction.

B.Whenever a member of the staff or a Coastal Resources Management Council Member witnesses a violation of the CRMC Plan or Assent, that individual is hereby authorized to issue a warning to the person violating the Plan on a form approved by the CRMC and a report of that warning shall be delivered by the staff or Council member to the Executive Director upon issuance.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.8 Final Decisions of the Council

A.Final decisions or orders adverse to a party in a contested case shall be in writing and made part of the record. The final decisions shall include findings of fact and conclusions of law separately stated. Final decisions or orders adverse to a party in a contested case may be signed by the Chairman, Vice Chairman, or the Executive Director.

B.Findings of Fact. If set forth, the statutory language shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. These facts shall be based exclusively upon the record and matters officially noticed. The parties and their attorneys of record shall be notified of the decision of the Council. The City or Town Clerk and the local building official of the community of which the Assent is granted shall be sent a copy of the Assent or its denial.

1.The Council shall consider the written recommendations of agency staff in making a final decision, in addition to any new evidence or sworn testimony offered at the meeting in which each case is heard.

2.The Council shall make written express findings of fact and conclusions of law, separately stated, on each case. If the Council does not follow the recommendation of the agency staff, then it must specifically set forth the reasons therefore.

C.Modification of Assents and Final Decisions

1.At any time prior to the expiration of an Assent, the full Council by majority vote may, based upon the evidence presented to it, modify an Assent. The City or Town Clerk and the local building official in the community shall be notified of the modification.

2.The Council authorizes the Executive Director in his discretion to modify an Assent or final decision of the Council when the requested modification is consistent with the prior approval of the Council and the applicant and staff review have clearly demonstrated to the Executive Director's satisfaction that the project's overall impact to the State's coastal resources will be less than or equal to the existing Assent or decision.

D.Permit Revocation

1.The Council may revoke a permit for noncompliance with or violation of its terms after written notice of intention to do so has been given the holder, and the holder, in return, has been given the opportunity to present evidence to the contrary to the Council. Financial hardship on the part of a holder shall not be a defense to the revocation of a permit. The Council may also revoke a permit if it finds that the holder or his agent submitted relevant false information to the Council.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.9 Service of Process

A.Service. The Council shall cause to be served all orders, notices and other papers issued by it, together with any other papers which it is required by law to serve. Every other paper shall be served or caused to be served by the party filing.

B.By Whom Served. All papers served by either the Council or any party shall be served upon all representatives of record at the time of such filing and upon parties not represented by counsel or upon their agents designated by them or by law.

C.Service upon Parties. The final order, and any other paper required to be served by the agency upon a party, shall be served upon such party or upon the agent designated by them or by law to receive service of such papers, and a copy shall be furnished to representatives of record.

D.Method of Service. Service of papers shall be made personally or, unless otherwise provided by law, by first class registered or certified mail, or telegraph.

E.When Service Complete. Service upon parties shall be regarded as complete: by mail, upon deposit in the United States mail properly stamped and addressed; by telegraph, when deposited with a telegraph company properly addressed, and with charges prepaid.

F.Filing with Council. Papers required to be filed with the Council shall be deemed filed upon actual receipt by the Council at the Council's office.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.10 Agendas and Staff Reports

A.At bi-monthly meetings, staff reports shall be submitted to Council members prior to the meeting scheduled to consider that staff report and it shall be contained in the agenda.

B.Agenda for the bi-monthly meeting shall be delivered to Council members ninety-six (96) hours prior to the meeting.

C.Contested hearing subcommittee agendas and staff reports shall be delivered to subcommittee members ninety-six (96) hours prior to the hearing.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.11 Advertising

A.All Council and Subcommittee meetings shall be advertised in accordance to law.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.12 Declaratory Rulings

A.Petitions

1.As prescribed by R.I. Gen. Laws § 42-35-8, as amended, any interested person may petition the Council for a declaratory ruling. The Council on its own initiative by a majority vote may conduct an inquiry regarding any matter properly subject for a declaratory ruling. Once a petition is filed, or the Council, by its own accord, may initiate any investigations, staff review or comments, or seek a legal opinion if it deems necessary. All petitions for declaratory rulings must comply with the Pleadings provisions of these management procedures and must set forth in a legal memoranda, with particularity, all relevant facts, issues, and case law.

2.Thereafter, at the discretion of the Council, the Council may:

a.Issue a binding declaratory ruling; or

b.Issue a non-binding declaratory ruling; or

c.Notify the petitioner and/or interested parties of record that no declaratory ruling is to be issued.

3.The Council's decisions on declaratory ruling petitions shall be treated as final Council actions or orders in contested cases for the purposes of judicial review.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.13 Judicial Review of Contested Cases

A.Any person who has exhausted all administrative remedies available to him or her within the agency, and who is aggrieved by a final decision in a contested case is entitled to judicial review under this Chapter. This Section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. Any preliminary, procedural, or intermediate agency act of ruling is immediately reviewable in any case in which review of the final agency decision would not provide an adequate remedy.

B.Proceedings for review are instituted by filing a complaint in the Superior Court of Providence County within thirty (30) days after mailing notice of the final decision of the agency or, if a rehearing is requested, within thirty (30) days after the decision concerning the assessment or determination of any tax, interest or penalty made by the Tax Administrator must pay the amount of such tax, interest or penalty to said Administrator as a prerequisite to the filing of such complaint. Copies of the complaint shall be served upon the agency and all other parties of record in the manner prescribed by applicable Procedural Rules.

C.The filing of the complaint does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing court may order, a stay upon appropriate Rules.

D.Within thirty (30) days after the service of the complaint, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties of the review proceedings, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The courts may require or permit subsequent corrections or additions to the record.

E.If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings of decisions with the reviewing court.

F.The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.

G.The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings, or it may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:

1.In violation of constitutional or statutory provisions;

2.In excess of the statutory authority of the agency;

3.Made upon unlawful procedure;

4.Affected by other error of law;

5.Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

6.Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.14 Adoption of Management Policies

A.Adoption of Management Policies and rulemaking shall be in accordance with R.I. Gen. Laws Chapter 42-35 and further in accordance with the Rules and Regulations and procedures set forth herein.

B.In addition to other rulemaking requirements imposed by law, the Council shall:

1.Adopt as a Rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests;

2.Adopt Rules of practice, setting forth the nature and requirements of all formal and informal procedures available and including a description of all forms and instructions used by the agency;

3.Make available for public inspection all Rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions;

4.Make available for public inspection all final orders, decision and opinions.

C.No Council Rule, order, or decision is valid or effective against any person or party, nor may it be invoked by the Council for any purpose, until it has been made available for public inspection as herein required, except that this provision is not applicable in favor of any person or party who has actual knowledge thereof.

D.Prior to the adoption, amendment, or repeal of any Rule the Council shall:

1.Give at least thirty (30) days’ notice of its intended action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which interested persons may present their views thereon. The notice shall be mailed to all persons who have made timely request of the Council for advance notice of its rulemaking proceeding and published in a newspaper or newspapers having aggregate general circulation throughout the State, provided, however, that if said action is limited in its applicability to a particular area, then said publication may be in a newspaper having general circulation in said area.

2.Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. In case of substantive Rules, opportunity for oral hearing must be granted if requested by twenty-five (25) members. The Council shall consider fully all written and oral submissions respecting the proposed Rule. Upon adoption of a Rule, the Council, if requested to do so by an interested person, either prior to adoption or within thirty (30) days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling the considerations urged against its adoption.

E.If the Council finds that an imminent peril to the public health safety or welfare requires adoption of a Rule upon less than thirty (30) days' notice, and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an Emergency Rule. The Rule so adopted may be effective for a period of not longer than one hundred twenty (120) days renewable once for a period not exceeding ninety (90) days.

F.No Rule hereafter adopted is valid unless adopted in substantial compliance with this Section, but no contest of any Rule on the ground of noncompliance with the procedural requirements of this Section may be commenced after two (2) years from its effective date.

G.Filing and Taking Effect of Rules

1.The Council shall file forthwith in the Office of the Secretary of State a certified copy of each Rule adopted by it. The Secretary of State shall keep a permanent register of the Rules open to public inspection.

2.Each Rule hereafter adopted is effective twenty (20) days after filing, except that:

a.If a later date is required by statute or specified in the Rule, the later date is the effective date;

b.Subject to applicable constitutional or statutory provisions, an Emergency Rule may become effective immediately upon filing with the Secretary of State, or at a stated date less than twenty (20) days thereafter, if the Council finds that this effective date is necessary because of imminent perils to the public health, safety, or welfare. The Council's finding and a brief statement of the reasons therefore shall be filed with the Rule in the Office of the Secretary of State. The Council shall take appropriate measures to make Emergency Rules known to the persons who may be affected by them.

H.Petition for Adoption of Rules

1.Any interested person may petition the Council requesting the promulgation, amendment or repeal of any Rule. The Council shall prescribe by Rule the form for petitions and the procedure for their submission, consideration, and disposition. Upon submission of a petition, the Council within thirty (30) days shall either deny the petition in writing (stating its reasons for the denials) or initiate rulemaking proceedings.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

650-RICR-10-00-1 § 1.15 Access to Public Records

A.Purpose & Authority

1.The Coastal Resources Management Council is a public agency subject to the provisions of the Rhode Island Access to Public Records Act (APRA), codified at R.I. Gen. Laws § 38-2-1, et seq., and these Regulations are being adopted under the authority of that Act. These Regulations are intended to help the public obtain the information they request and to guide the Council staff as they comply with requests.

B.Public Records Officer

1.The person holding the position of Office Manager shall be the Council’s Public Records Officer. He or she may be contacted at 4808 Tower Hill Road, Suite 3, Wakefield, RI 02879, Phone (401) 783-3370, Fax (401) 783-3767.

C.What Records Are Public

1.Public Records and Availability – Under the APRA, all records the Council keeps are presumed to be public unless they are deemed non-public by the Act. The Council shall make all records deemed public by the APRA available to any person that may request them. Such public records include all applications, transcripts, agendas, minutes, reports, documents, papers, letters, maps, books, tapes, photographs, films, recordings and computer stored records made or received pursuant to any law or Regulation, or in connection with the transaction of any official Council business, that are not otherwise deemed non-public by the APRA.

2.Non-Public Records – The APRA deems certain personnel, medical, trade secret, investigatory, law enforcement, preliminary drafts, notes, impressions, memoranda, working papers, and other documents non-public and the Council shall not make public any records deemed non-public by the APRA.

D.How to Make a Request

1.Who to Request Records From – Requests for public records shall be made to the Public Records Officer.

2.Written Requests Preferred – To help ensure the public obtains the records and/or information they request, to avoid confusion that has arisen in the past, and to ensure public record requests are recognized and handled expeditiously, the Council prefers public records request be made in writing and it may promulgate a form for such requests. The public does not have to use any specific form.

3.Requests for Certain Documents – Although written requests are preferred, consistent with State law and these Regulations, a written request is not required to access the following documents:

a.Documents prepared for the public;

b.Documents readily available to the public; and

c.Public information available pursuant to R.I. Gen. Laws § 42-35-2, which is a portion of the Administrative Procedures Act.

d.Council and Sub-Committee Agendas

e.Council and Sub-Committee Minutes

f.Council Transcripts

g.Council Decisions

h.Assents

i.Public Hearing Notices

j.Public Hearing Minutes

k.Public Hearing Transcripts

l.Public documents submitted at Council meetings or Public Hearings

m.Coastal Program (sometimes referred to as The Red Book)

n.Management Procedures

o.Council Orders

4.Purpose of Request – The Council may ask the purpose of a request in order to help identify the records requested but it shall not withhold any public records based on the purpose for which the records are sought, nor shall the Council require, as a condition of fulfilling a public records request, that the requestor provide a reason for the request.

5.Identity of the Requester – The Council may request the name and contact information for a person making a request in order to contact them if questions arise regarding their requests and to notify them when records are available. However, except as otherwise noted in these Regulations, the Council shall not require a person to identify themselves nor to provide any contact information.

6.Identifying Records – Requestors searching for a particular file or set of records are invited to search the Council website, http://www.crmc.ri.gov, to identify the appropriate file number for the records they desire.

7.Staff Assistance Identifying Records – Requestors are encouraged to speak with Council staff to help identify the records they wish to request.

E.Time for Complying with Requests

1.Time to Comply – The Council shall endeavor to permit the inspection or copying of public records within ten (10) business days after receiving a request.

2.Extensions of Time – If the Council does not permit the inspection or copying of public records within ten (10) business days, it shall forthwith explain in writing the need for additional time to comply with the request. Any such explanation must be particularized to the specific request made. In such case, the Council may have up to an additional twenty (20) business days to comply with the request if it can demonstrate that the voluminous nature of the request, the number of requests for records pending, or 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 Council.

3.Records in Storage or Use – If a public record requested is in active use or in storage and, therefore, not available at the time access is requested, the Council shall so inform the requestor and make an appointment for the person to examine such records as expeditiously as they may be made available.

4.Records Generally Unavailable – Records that are the subject of a scheduled Council meeting, hearing or workshop will generally be in use by the Council and not available for public inspection the day of the meeting, hearing or workshop.

5.Timing of Requests – The Council shall try to accommodate walk-in requests for readily available records but at least twenty-four (24) hours advance notice is strongly preferred because, among other reasons, the staff person who handles requests may not be available.

F.Methods of Complying with Requests

1.Inspection During Normal Business Hours – The Council shall make public records in its possession, custody or control available for inspection during its normal business hours at its office in South Kingstown, Rhode Island. [8:30 A.M. to 4:00 P.M., Monday through Friday]

2.Inspecting Records – When inspecting records, only one (1) file or set of records at a time will be provided in order to reduce the risk of documents being misplaced.

3.Alternate Ways of Inspecting Records – A requestor may elect to obtain records in any media in which the Council is reasonably capable of providing them. At the election of the requestor, the Council shall provide copies of the public records electronically, by facsimile, or by mail in accordance with the requestor’s choice, unless complying with that preference would be unduly burdensome due to the volume of records requested or the costs that would be incurred. The requestor shall be responsible for the actual cost of delivery, if any.

4.Form of Records – The Council shall not be required to reorganize, consolidate, or compile data or records into any form it does not already maintain the data or records in at the time the request to inspect the data or records was made except to the extent that such records are in an electronic format and the Council would not be unduly burdened in providing such data.

5.Transcripts – Requestors who desire a stenographic transcript of the Council proceedings may contact the stenographer directly. [As of October 2020, Rebecca J. Forte DBA Irons & Associates is the stenographic firm the Council utilizes. Contact (401) 474-8441.]

6.Checking-Out Transcripts – Requestors who provide their name, a valid government issued identification bearing their name and photograph, and their contact information, may also ‘check-out’ transcripts, and take them out of the Council’s office, for up to twenty-four (24) hours if the Public Records Officer determines allowing the transcripts to leave the Council office will not interfere with the Council’s operations nor present more than a de minimis risk of not being returned.

G.Research and Copying Charges

1.Charges Authorized and Payment Required – The Council shall assess search, retrieval and copying charges in accordance with these Regulations. Upon request, the Council shall provide an estimate of the costs of responding to a request prior to fulfilling it. Upon request, the Council shall provide a detailed itemization of the costs assessed. The requestor shall pay the charges prior to inspecting or receiving the documents. The Council does not accept cash, credit or debit cards. The Council does accept checks and money orders.

2.Searching and Retrieval Charges

a.The Council shall not charge for the first (1st) hour of time spent searching for and retrieving records.

b.The Council shall charge fifteen dollars ($15.00) per hour for each additional hour, after the first (1st) hour, spent searching for and retrieving records.

c.For the purposes of these Regulations, multiple requests from any person or entity to the Council within a thirty (30) day time period shall be considered one (1) request.

d.The Council may charge the reasonable actual cost for retrieving records from storage if it is assessed a retrieval fee.

3.Copying Charges

a.The Council can currently make copies of documents up to eleven inches by seventeen inches (11” x 17”).

b.The Council shall not charge for the first (1st) five (5) pages of any copies it makes.

c.The Council shall charge fifteen cents ($0.15) per page for copies it makes in excess of five (5) pages.

d.If a requestor desires copies of documents larger than eleven inches by seventeen inches (11” x 17”), and the Council can reasonably do so, the Council will bring the oversized documents to a local vendor to make copies and the requestor may then pay the vendor for the copies.

e.Requestors who desire copies of documents larger than eleven inches by seventeen inches (11” x 17”) contained in pending applications may also request them from the applicant, engineer or attorney involved. Applicants, engineers and attorneys are encouraged to make them available at costs.

H.Denial of Access

1.Determining What Records Are Public – Consistent with these Regulations and the APRA, the Public Records Officer shall determine which records are public and which are not.

2.Records the Council Does Not Have – The Council shall inform the requestor if the records requested do not exist or are not within the Council’s custody or control.

3.Non-Public Records and Redaction – If a record is deemed non-public pursuant to the APRA or these Regulations, any reasonably segregable portion of it shall be available to the public after the deletion of the information which is the basis of its designation as non-public. If an entire record is deemed non-public, the Council shall state in writing that no portion of the record contains reasonable segregable information that is public.

4.Denying Access – If the Public Records Officer determines the requested records, or any part of the requested records, are not public, she or he shall inform the requestor of the specific reasons for the determination, in writing, within ten (10) business days of the request. The writing shall indicate the procedures for appealing the determination.

5.Appealing Denials – In addition to any appeal right contained in the APRA, the requestor may appeal the determination that records are not public to the Council’s Chief Administrative Officer. The Council’s Chief Administrative Officer is its Executive Director. Such appeals should be in writing. [As of September 2020, the Council Executive Director is Jeffrey M. Willis.] The Executive Director shall review the Public Records Officer’s determination and make a final determination whether or not to allow public access within ten (10) business days after the submission of the appeal.

I.Miscellaneous

1.Posting on Web Site & Availability to Public – The Council’s Public Educator and Information Coordinator shall cause a copy of these Regulations to be maintained on the Council web site. [As of January 1, 2013, that person is Laura Dwyer.] The Council’s Office Manager shall ensure a copy of these Regulations is available to the public at the Council’s office.

2.Disclosures to Attorney General – The Council’s Executive Director shall identify, and then at least annually identify, in writing to the Rhode Island Attorney General, the Council’s Public Records Officer and the Executive Director shall annually confirm to the Attorney General that the Public Records Officer has been provided orientation and training regarding the APRA.

History

• Amendment — effective from 2025-12-23 to current
• Amendment — effective from 2024-11-24 to 12/23/2025
• Amendment — effective from 2024-06-24 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 06/24/2024
• Amendment — effective from 2021-07-05 to 01/04/2022
• Amendment — effective from 2021-03-04 to 07/05/2021
• Amendment — effective from 2020-02-16 to 03/04/2021
• Technical Revision — effective from 2017-05-17 to 02/16/2020
• Amendment — effective from 2017-05-17 to 05/17/2017
• Amendment — effective from 2016-11-07 to 05/17/2017
• Technical Revision — effective from 2016-03-06 to 11/07/2016
• Amendment — effective from 2016-03-06 to 03/06/2016
• Amendment — effective from 2015-12-03 to 03/06/2016
• Amendment — effective from 2015-06-01 to 12/03/2015
• Amendment — effective from 2014-09-24 to 06/01/2015
• Amendment — effective from 2013-08-12 to 09/24/2014
• Amendment — effective from 2012-08-16 to 08/12/2013
• Amendment — effective from 2012-04-09 to 08/16/2012
• Amendment — effective from 2011-07-04 to 04/09/2012
• Amendment — effective from 2011-02-20 to 07/04/2011
• Amendment — effective from 2010-02-21 to 02/20/2011
• Amendment — effective from 2009-10-29 to 02/21/2010
• Amendment — effective from 2009-04-30 to 10/29/2009
• Amendment — effective from 2008-11-11 to 10/22/2008
• Technical Revision — effective from 2008-10-22 to 04/30/2009
• Amendment — effective from 2008-10-22 to 11/11/2008
• Amendment — effective from 2008-08-21 to 10/22/2008
• Amendment — effective from 2008-05-19 to 08/21/2008
• Amendment — effective from 2008-02-11 to 05/19/2008
• Amendment — effective from 2007-10-18 to 02/11/2008
• Amendment — effective from 2007-02-14 to 10/18/2007
• Amendment — effective from 2007-01-10 to 02/14/2007
• Amendment — effective from 2006-06-19 to 01/10/2007
• Amendment — effective from 2006-03-05 to 06/19/2006
• Amendment — effective from 2006-02-20 to 03/05/2006
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2004-06-13 to 01/17/2005
• Amendment — effective from 2004-02-12 to 06/13/2004
• Amendment — effective from 2003-07-10 to 06/13/2004
• Amendment — effective from 2003-04-06 to 07/10/2003
• Amendment — effective from 2002-11-07 to 07/10/2003
• Amendment — effective from 2002-03-28 to 07/10/2003
• Periodic Refile — effective from 2002-01-02 to 07/10/2003

Chapter 20 Coastal Management Program

Subchapter 00

650-RICR-20-00-1 Red Book

650-RICR-20-00-1 § 1.1 Authorities and Purpose, Definitions and Procedures

1.1.1Authority and Purpose

A.Pursuant to the federal Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 through 1466) and R.I. Gen. Laws Chapter 46-23 the Coastal Resources Management Council is authorized to develop and adopt policies and regulations necessary to manage the coastal resources of the state and to provide for the integration and coordination of the protection of natural resources, the promotion of reasonable coastal-dependent economic growth, and the improved protection of life and property from coastal hazards. Further, the Council is authorized to collaborate with the state building commissioner and adopt freeboard calculations (a factor of added safety above the anticipated flood level) in accordance with R.I. Gen. Laws § 23-27.3-100.1.5.5.

B.The regulations herein constitute the RICR regulatory component of the Coastal Resources Management Program Red Book and must be read in conjunction with the Red Book guidance document containing the findings and other non-regulatory components for the full and proper context that forms the basis and purpose of this Part. The Red Book guidance document should be employed in interpreting R.I. Gen. Laws § 46-23-1, et seq.

1.1.2Definitions

A.Definitions for this Part are as follows:

1.“Activities and alterations inland of shoreline features and their contiguous areas within state boundaries that may require a Council Assent” means: solid waste disposal; minerals extraction; power generation over forty (40) megawatts; chemical and petroleum processing, transfer, and storage (excluding storage facilities of less than 2,400 barrel capacity); and sewage treatment and disposal (excluding onsite wastewater treatment systems) desalination plans, and activities affecting freshwater wetlands in the vicinity of the coast.

2."Agency" means boards, commissions, departments, or offices thereof, other than the legislature or the courts, authorized by law to make rules, determine contested cases, or issue permits.

3."Agricultural" means any activity as defined by R.I. Gen. Laws § 2-23-4.

4.“Alteration of a marina” means any activity that result in changes to the existing or previously approved recreational boating facility design. Such activities include, but are not limited to, the removal, addition, or relocation of piles, floating docks or fixed piers and changes to the marina perimeter limit.

5.“Alterations to coastal wetlands” means any alterations to the functions and values of wetlands including, but not limited to: filling, removing or grading; dredging and dredged materials disposal; and any significant cutting or removal of vegetation; and excavation, draining, damming and/or diverting of hydrological flows in a coastal wetland. Any activity, including the aforementioned, taking place in an area adjacent to a coastal wetland which impacts the coastal wetland, shall be considered an alteration to coastal wetlands.

6.“Alterations to the circulation of tidal waters” means all structures and fill material that alter the behavior of waters within tidal water bodies, including the removal of tidal waters for industrial cooling or other purposes and the installation of structures in embayments and salt ponds that alter the volumes and/or timing of exchange with outlying tidal waters.

7.“Alterations to the flows of tributaries” means the installation of dams or other devices or fill material that alter flows of tributaries to tidal waters and that significantly change the timing and/or volumes of fresh water to coastal waters.

8.“Approved harbor management plan” or “HMP” means a plan that has been prepared by a municipality in accordance with the CRMC municipal harbor regulations and CRMC Guidelines for the Development of Municipal Harbor Management Plans, adopted by a city or town council, and approved by the Coastal Resources Management Council.

9.“Approved waters” means marine waters of the state classified by RIDEM as approved areas fit for the taking of shellfish for human consumption on a regular basis according to criteria established by the National Shellfish Sanitation Program.

10."Aquaculture" (refer to definitions of "marine aquaculture" and "freshwater aquaculture" in § 1.1.2 of this Part herein.)

11."Areas of historic and archaeological significance" means those resources as defined by R.I. Gen. Laws § 45-22.2-4(12).

12.“Associated residential structures” means, but is not limited to, decks, porches, walls, boardwalks, swimming pools, roads, driveways, and shall include other structures integral to or ancillary to a residential building including minor grading, filling or excavation typically 10 cubic yards or less.

13.“Barrier” means an island or spit comprised of sand and/or gravel, extending parallel to the coast and separated from the mainland by a coastal pond, tidal water body, or coastal wetland. In addition to a beach, barriers have, in most cases, a frontal foredune zone and often, back barrier dune fields. The lateral limits of barriers are defined by the area where unconsolidated sand or gravel of the barrier abuts bedrock or glacial sediment. This definition of a barrier system is commonly associated with many geomorphic descriptors. These descriptors include, but are not limited to, barrier islands, bay barriers, and spits. Spits are further described as tombolo, shingle, cuspate, and flying spits. The terms “bar” and “ridge” were once used to describe a barrier system, but have since been replaced with the term “barrier”. The barriers or portions thereof designated by the federal government as undeveloped pursuant to their criteria, under the Coastal Barrier Resources Act of 1982 (Public Law 97-348) are noted in Table 5 in § 1.2.2(C) of this Part. In these federally designated areas, flood insurance for most forms of construction is not available. Many of the state’s barriers have been mapped and assigned by the Coastal Resources Management Council into three categories as follows:

a.“Undeveloped barrier” means those essentially free of commercial/industrial buildings, (excluding public utility lines) houses, surfaced roads, and structural shoreline protection facilities.

b.“Moderately developed barrier” means those that are essentially free of houses, commercial/ industrial buildings and/or facilities (excluding utility lines) that contain surfaced roads, recreational structures, and/or structural shoreline protection facilities.

c.“Developed barriers” mean those that contain houses and/or commercial/industrial structures; they may also contain surfaced roads and structural shoreline protection facilities.

14.“Beach grass” means the dominant vegetative cover of sand dunes (Ammophila spp.).

15.“Beach pavilion” means a recreational structure constructed for recreational purposes on a shoreline feature, its contiguous area, or in tidal waters that serves members of the public, owned by a municipal, state, or federal program.

16.“Boat” means any vessel or watercraft as defined by R.I. Gen. Laws § 46-12-1(1).

17.“Boat and float lift systems” means accessory structures to residential boating facilities that raise either a boat or float out of the water. Generally, a cradle or strap supports the vessel or float while it is being lifted by a pulley-type lift system. Overhead arms or crane-like systems may also be used to lift vessels out of the water.

18.“Boat or vessel count” means any space where a vessel may be docked or stored by wet slip, float, mooring or other device. Dry stack vessels will receive a separate boat count. Dinghies, canoes, kayaks and other small tenders (12’ or less) to vessels shall not be included in the boat count.

19.“Breachway” means a connecting channel, usually between a coastal pond and the ocean, which permits water exchange between the two.

20.“Breakwater” means either an exposed or submerged structure that protect a shore, harbor, anchorage, or basin by intercepting waves. Sometimes breakwaters are placed parallel to the open shoreline to retard the force of incoming waves to headland and barrier beaches.

21.“Buffer zone” means a land area on or contiguous to a shoreline feature that is retained in its natural undisturbed condition.

22.“Bulkhead” means a wood, steel, or concrete structure built to retain or prevent mass wasting and collapse of a bluff into the sea; it provides limited protection from damage by waves.

23.“Certified verification agent” or “CVA” means an individual or organization, experienced in the design, fabrication, and installation of an energy related facility or structure, who will conduct specified third-party reviews, inspections, and verifications in accordance with this Part.

24.“Climate” means the long-term weather average observed within a geographic region, and climate change refers to fluctuations in the Earth’s climate system as a result of both natural and anthropogenic causes. Currently the long term climate change trend is evidenced by rising global temperatures; increasing storm intensity extremes within the hydrologic cycle resulting in more frequent floods and droughts; and rising sea level.

25."Coastal beaches" means expanses of unconsolidated, usually unvegetated sediment commonly subject to wave action, but may also include a vegetative beach berm. Beaches extend from mean low water landward to an upland rise, usually the base of a dune, headland bluff, or coastal protection structure, pilings or foundation.

26.“Coastal buffer zone” means a land area adjacent to a shoreline (coastal) feature that is, or will be, vegetated with native shoreline species and which acts as a natural transition zone between the coast and adjacent upland development. A coastal buffer zone differs from a construction setback in that the setback establishes a minimum distance between a shoreline feature and construction activities, while a buffer zone establishes a natural area adjacent to a shoreline feature that must be retained in, or restored to, a natural vegetative condition. The coastal buffer zone is generally contained within the established construction setback.

27.“Coastal headlands, bluffs, and cliffs” means elevated land forms on headlands directly abutting coastal waters, a beach, coastal wetland, and rocky shore.

28.“Coastal environment” means the complete system of living organisms and physical surroundings within the waters and shore lands of estuaries, the nearshore ocean and the terrestrial areas influenced by this system.

29."Coastal pond" means a coastal lagoon usually located behind a barrier which, in its natural condition, permanently or occasionally exchanges waters with the ocean.

30.“Coastal wetland” means salt marshes and freshwater or brackish wetlands contiguous to salt marshes or physiographical features. Areas of open water within coastal wetlands are considered a part of the wetland. In addition, coastal wetlands also include freshwater and/or brackish wetlands that are directly associated with non-tidal coastal ponds and freshwater or brackish wetlands that occur on a barrier beach or are separated from tidal waters by a barrier beach.

31.“Coastal wetland creation” means the construction of a new coastal wetland where one had not previously existed.

32.“Coastal wetland mitigation” means efforts to compensate for unavoidable losses after impacts associated with a proposed activity have been avoided and minimized to the maximum extent practicable. The Council recognizes the restoration of historic wetlands and the creation of new wetlands as the only acceptable means of compensating for unavoidable losses of coastal wetlands.

33.“Commercial and industrial structures and operations” means all buildings and structures and alterations to facilities related to the manufacturing and interchange of goods or commodities, or any other business activity located on a shoreline feature, its contiguous area, or within tidal waters.

34.“Commercial marine facility” or “CMF” means, but is not limited to, commercial structures located partially or wholly within CRMC Type 4, 5 or 6 waters such as bridges, commercial moorings, ship building or repair facilities, public ferry facilities, piers, wharfs, bulkheads, bulk and liquid cargo transfer facilities or other commercial type structures within CRMC jurisdiction.

35."Compelling public purpose" means of such concern to the public welfare that it outweighs private of individual interests.

36.“Contiguous brackish wetlands” means those wetlands which border directly on salt marshes and where one or more of the following species predominate: tall reed (Phragmites communis), tall cordgrass (Spartina pectinata), broadleaf cattail (Typha latifolia), narrowleaf cattail (Typha angustifolia), spike rush (eleocharis rostellata), chairmaker's rush (Scirpus americana), creeping bentgrass (Agrostis palustris) sweet grass (Hierochloe odorata), wild rye (elymus virginicus).

37.“Contiguous freshwater wetlands” means those wetlands which border directly on salt marshes or brackish wetlands or physiographical features and which, except for size limitations, meet the definition of bog, marsh, swamp, or pond under the Rhode Island Freshwater Wetlands Act (R.I. Gen. Laws § 2-1-18 et seq.).

38.“Corner buoys” means buoys that mark the intersection points of mooring area perimeter limits.

39."Council" means the Rhode Island Coastal Resources Management Council.

40."Council meeting" means any meeting of the full Council or a subcommittee.

41."Council representative" means a person appointed or employed as the Council's representative or agent.

42.“Critical coastal areas” means watersheds of poorly flushed estuaries, and are geographic areas which may vary in their ecological functions and generally require specific initiatives to manage them.

43."Depositing shore" means a shore which is accumulating sand or other sediments, as opposed to a shore which is eroding.

44.“Destination harbor” means a harbor in which the primary use is by people arriving by vessel. The following are considered destination harbors: Newport Harbor and Old and New Harbors on Block Island.

45."Development" means any material change in the use of any structure or land or water body, including but not limited to any building mining, dredging, fillings, excavation, or drilling operation: alteration of the shore, rivers, streams, lakes or ponds: devegetation, demolition, deposition of fill, solid or liquid waste: construction, installation, alteration, reconstruction of a structure: a change in the type of class or use of land: or a material increase in the intensity of use.

46.“Direct federal activities” means activities, including development projects, performed by a federal agency, or contractor on behalf of the federal agency. Examples of such actions include: installation of mooring buoys by the National Park Service; fisheries management plans by the National Marine Fisheries Service; naval exercises; the disposal of excess federal land by the General Services Administration; U.S. Army Corps of Engineers (Corps) navigational dredging and beach renourishment projects; OCS oil and gas lease sales by the Bureau of Ocean Energy Management; improvements to military bases; and naval disposal of radioactive or hazardous waste performed by a private contractor.

47."Discharge" means the addition of any pollutant to waters of the state, directly or indirectly and includes: spilling, leaking, pumping, pouring, emitting, emptying, and/or dumping.

48.“Dredging” means the excavation of sediments from beneath tidal and coastal pond waters by mechanical or hydraulic means. Dredging for navigational purposes is divided into two categories:

a.Improvement dredging includes new projects in previously un-dredged areas; and,

b.Maintenance dredging includes projects whose purpose is to restore channels and basins to dimensions that support and maintain existing levels of use.

49.“Dredged materials disposal” means the process of discharging, depositing, dumping, or utilizing the sediments produced by a dredging operation.

50.“Dune” means an elevated accumulation of sand formed by wind action. Dunes which are undisturbed appear as hills, mounds, or ridges of sand and are typically vegetated with beach grass and shrubs. The more or less continuous ridge of dunes parallel to, and just inland of, the beach is termed the foredune zone.

51.“Eelgrass” or “Zostera marina” means a marine vascular plant capable of both vegetative and sexual growth. Eelgrass can occur in salinity ranges averaging 5-36 practical salinity units and in depths of less than one (1) meter to six (6) meters in Rhode Island waters at MLW depending on water clarity.

52.“Effluents” means the outflow from a river, a pipe, or other watercourse.

53.“Energy-related activities” means all operations and construction of structures involved in power generation and petroleum processing, transfer, and storage.

54.“Enforceable policies” means those policies which are legally binding through constitutional provisions, laws, regulations, land use plans, ordinances, or judicial or administrative decisions, by which a State exerts control over private and public land and water uses and natural resources in the coastal zone (See 16 U.S.C. § 1453(6a)).

55.“Environmental site conditions” means all environmental factors that affect a particular location. These items shall primarily include, fetch, wave conditions, wind conditions, bathymetry, currents, soil bearing capacity, ice impacts, tide range, flood elevation, velocity zone, littoral conditions, erosion/accretion characteristics, presence of wetlands, sub-aquatic vegetation, marine resources and associated habitats. This may include other site specific environmental conditions that may be relevant for review.

56.“Erosion and sediment control plan” or “ESCP” means a description of the proposed best management practices, detailed site plans, and written narrative that, when implemented, provides protection and restoration of coastal resources by reducing erosion and controlling sediment onsite as well as minimizing other negative impacts associated with land development activities.

57."Existing hospitality industry business" means a qualifying commercial business which has been continuously operating prior to March 3, 2015 that has lost a view of the shoreline over time. Qualifying commercial business are one of the following: a resort, restaurant, or hotel that provides hospitality services to the general public including tourists where such services are dependent upon a view of the shoreline to support their business.

58.“Federal assistance to state and local governments” means assistance provided under a federal program to any unit of state or local government or related public entity through grant or contractual arrangements, loans, subsidies, guarantees, insurance or other form of financial aid.

59.“Federal license” or “federal permit” means any form of approval required by a federal agency (but does not include approvals to other federal agencies). Examples of such actions are: activities requiring Corps 404 permits; Interstate Commerce Commission water carrier licenses; Corps permits for use of ocean dump-sites; Nuclear Regulatory Commission permits for nuclear power plants; and delicensing of nuclear facilities by the Nuclear Regulatory Commission.

60."Filling in tidal waters" means the placement of materials below the mean high water and includes the utilization of dredged materials to create land in tidal waters for purposes other than the creation of wetlands or beach replenishment.

61.“Filling, removing, or grading of shoreline features” means:

a.“Filling” means the deposition of materials onto shoreline features or their contiguous areas.

b.“Removing” means the process of taking away any portion of a shoreline or its contiguous area by any method, including excavation, blasting, or mining.

c.“Grading” means the process whereby fill or the soils of a shoreline or its contiguous area are redistributed or leveled.

62.“Fixed terminal section” means the seaward-most section of a residential boating facility which is configured as a T-section or L-section that provides access between a fixed dock and a vessel.

63.“Floating business” means a building constructed on a raft or hull that is represented as a place of business, including but not limited to waterborne hotels, restaurants, marinas or marina related businesses.

64."Footprint" means the square footage of the ground floor area encompassed by the structural foundation of a building.

65.“Freshwater aquaculture” means the culture of aquatic species under natural or artificial conditions in freshwater ponds, tanks, raceways or other freshwater impoundments located within the coastal zone or in inland locations throughout the state.

66.“Freshwater wetland” means those wetlands defined by R.I. Gen. Laws § 2-1-20(8), and further defined in the CRMC Rules for Freshwater Wetlands in the Vicinity of the Coast (Part 2 of this Subchapter) and any or all wetlands located in the vicinity of the coast, created as part of, or the result of, any activity permitted or directed by the CRMC or DEM including, but not limited to: restored wetlands; value replacement wetlands created to compensate for wetland loss such as flood plain excavations; and any wetlands created, altered or modified after July 16, 1971.

67.“Functional residential boating facility” means a facility that has been in continuous uninterrupted use.

68.“Groin” means a structure built of rock, steel, timber, or concrete that extends across a beach into tidal waters and is used to entrap sand in the longshore transport system; groins are generally perpendicular to the shoreline's coastal trend.

69.“Harbor commission” means a commission or locally appointed body which is responsible for the development and/or implementation of a local municipal harbor management plan.

70.“Harbormaster” means the person identified within the local harbor management plan to assist in the implementation of the approved HMP.

71.“Historic and archaeological resources” means districts, sites, buildings, structures, objects, and landscapes included in or eligible for inclusion in the state and national registers of historic places, or areas designated as historically or archaeologically sensitive according to the predictive model developed by the Rhode Island Historical Preservation and Heritage Commission.

72.“Horizontal datum” means either a fixed benchmark or a site-specific control point that establish location for a point on a map consistent with a coordinate system. The North American Datum of 1983 (NAD 83) is the official horizontal datum for the United States.

73.“Houseboat” means a building constructed on a float, barge, or hull as defined in R.I. Gen. Laws § 46-22-9.1.

74.“Hybrid shoreline protection” means practices that combine vegetation, biodegradable materials and stone, the purpose or effect of which is to reduce the erosion of coastal features. For a practice to be considered hybrid shoreline protection, only stone may be used for toe-of-slope protection or to create an intertidal sill for salt marsh creation.

75.“Jetties” means structures, usually of dumped stone in Rhode Island (rubble mound), that retard the migration of a tidal inlet (breachway) in order to provide safer passage for boats in and out of coastal lagoons and estuaries.

76.“Larva” means the early form of an animal that at birth or hatching is fundamentally unlike its parent and must metamorphose before assuming the adult form.

77.“Launching ramp” means a manmade or natural facility used for the launching and retrieval of boats.

78.“License” means the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law, not including those required solely for revenue purposes.

79.“Limited marina” means any facility marina intended for use by recreational vessels with a boat count between five (5) and twenty five (25).

80.“Limited recreational boating facilities” means a pier, dock ramp or float, or combination of such facilities constructed in accordance with the standards for residential boating facilities herein (§ 1.3.1(D) of this Part), which provide low intensity boating activities associated with land uses zoned by the local municipality as institutional or open space (or an appropriate sub-district of institutional or open space zoning) and may accommodate up to four (4) boats.

81.“Longshore current” means a current that flows parallel and adjacent to the shoreline.

82.“Low impact development” or “LID” means a site planning and design strategy aimed at maintaining or replicating the predevelopment hydrology through the use of site planning, source control, and small-scale practices integrated throughout a site to prevent, infiltrate, and manage stormwater runoff as close to its source as possible. LID achieves natural resource protection by replenishing groundwater supplies, minimizing the stormwater runoff volume discharged to surface waters, and improving water quality. Examples of LID practices include bioretention, vegetated swales, stormwater planters, porous pavement or concrete, green roofs, rainwater collection systems for water reuse, and other similar methods.

83.“Maintenance of structures” means the reconstructing or repairing to previously approved conditions and dimensions a damaged or deteriorated structure or facility. Maintenance includes only those activities that do not significantly alter the assented design, purpose and size of the structure. Maintenance provisions for marina in-water facilities and residential boating facilities are found at § 1.3.1(D) of this Part.

84.“Manmade shoreline” means those shorelines that are characterized by concentrations of shoreline protection structures and other alterations, to the extent that natural shoreline features are no longer dominant. They most commonly abut Type 3, 5, and 6 waters.

85.“Marina” means any dock, pier, wharf, float, floating business, or combination of such facilities that accommodate five or more recreational boats.

86.“Marina perimeter limit” or “MPL” means a defined perimeter based on in water facilities which defines and limits the area for structures to be located.

87.“Marine aquaculture” means the culture of aquatic species under natural or artificial conditions in the state’s waters including but not limited to: fish farming utilizing pens, tanks, or impoundments (which may be land-based); the culture of shellfish on the sea floor in permitted and leased areas, in cages, or suspended from structures in the water; and the culturing of aquatic plants. Note: land-based aquaculture operations (i.e., above mean high water) are also regulated under § 1.3.1(C) of this Part.

88.“Marine railway” or “slipway” means mechanical means for the lifting of a vessel out of the water to an elevation above the highest tides or for the launching of a vessel into the water. It is a system of cradles or carriages that are lowered into or raised from the water along an inclined track on a system of rollers or wheels.

89.“Maximum extent practicable” or “MEP” means the applicant has made all reasonable efforts to meet the standard, including the evaluation of alternative methods to achieve the same level of treatment. To show that a proposed development has met a standard to the maximum extent practicable, the applicant must demonstrate the following:

a.All reasonable efforts have been made to meet the standard in accordance with current local, state, and federal regulations;

b.A complete evaluation of all possible management measures has been performed; and

c.If full compliance cannot be achieved, the highest practicable level of management is being implemented.

90.“Moor” means to permanently secure a vessel to the submerged land of a waterbody by use of mooring tackle.

91.“Mooring” means the location where a vessel is secured to the submerged land of a waterway by mooring tackle.

a.“Private mooring” means a mooring rented by a resident or nonresident of a municipality under a permit granted by said municipality, and which is located within a CRMC approved mooring field.

b.“Riparian mooring” means a mooring rented by a riparian property owner under a permit granted by a municipality located within coastal waters bordering that property as bounded by the seaward extension of that property’s lateral lot lines. Said mooring may or may not be located within a CRMC approved mooring field.

c.“Commercial mooring” means a mooring rented by a commercial entity (e.g., marina, yacht club, etc.) under a permit granted by a municipality to residents or nonresidents, and which is located within a CRMC approved mooring field.

92.“Mooring area” means a designated water area managed by a municipality or non-governmental entity where five (5) or more recreational vessels are moored.

a.“Public mooring area” means those mooring areas managed by municipal or state agencies. Public mooring areas shall be delineated in approved HMPs.

b.“Marina mooring area” means those mooring areas managed by a private organization (e.g., marinas, yacht clubs, etc.). Marina mooring areas shall be considered as marina facilities and are subject to the provisions of the CRMP governing marina activities.

93.“Mooring tackle” means the hardware used to secure a vessel at a mooring.

94.“Mosquito control ditching” means the maintenance and construction of ditches in coastal wetlands in order to enhance tidal flushing and thereby reduce and control mosquito breeding sites.

95.“Municipal harbor rules, regulations and programs” means all rules, regulations, programs or management functions exercised by a municipality that apply to the use of tidal waters adjacent to a municipality.

96.“Native plants” or “native vegetation” means any species identified as native on the University of Rhode Island’s “Rhode Island Coastal Plant Guide” (last updated March 3, 2010), incorporated 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.

97.“Nonstructural shoreline protection” means practices that use only native or sustainable vegetation and biodegradable materials, except for any anchoring or connective components, the purpose or effect of which is to reduce the erosion of coastal features.

98.“North American Vertical Datum of 1988” or “NAVD 88” means the vertical control datum of orthometric height established for vertical control surveying in the United States of America based upon the General Adjustment of the North American Datum of 1988.

99.“Ocean dumping” means the disposal of materials or pollutants without a permit into waters of the state. Ocean dumping does not include discharges of effluent incidental to the operation of vessels, the dumping of fish wastes, or the placement or deposit of materials on the sea floor for the purpose of enhancing fisheries.

100.“Oil” means oil of any kind and in any form as defined in R.I. Gen. Laws § 46-12.5.1-1(5).

101.“One-hundred-year flood level” means the flood elevation relative to NAVD 88 that has a one (1) percent probability of being equaled or exceeded in any given year. The100-yr flood extent line has been designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps.

102.“Onsite wastewater treatment system” or “OWTS” means any system of piping, tanks, dispersal areas, alternative toilets or other facilities designed to function as a unit to convey, store, treat or disperse wastewater by means other than discharge into a public wastewater system.

103.“Open marsh water management” or “OMWM” means the maintenance and construction of reservoirs and connectors in order to enhance the tidal food web and thereby reduce and control mosquito breeding sites.

104.“Operator” means any person owning or operating an oil carrying tanker vessel with a capacity of more than 5,000 gallons whether by lease, contract, or any other form of agreement. (Note: this definition applies to § 1.3.8 of this Part)

105.“Outer continental shelf exploration, development and production activities” means those activities associated with the exploration or development of, or production from, any area which has been leased under the Outer Continental Shelf Lands Act (See 43 U.S.C. § 29).

106.“Outhaul” means a recreational boating facility that consists of a non-single-point anchoring device, for the purpose of securing a boat in tidal waters and retrieving it from shore.

107.“Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.

108.“Petroleum hydrocarbons” means a compound originating from oil, gas, or other petroleum base and composed primarily of hydrogen and carbon.

109.“Petroleum products” means crude or refined oils, kerosene, gasoline, natural gas, or liquefied natural gas (LNG), liquefied petroleum gas (LPG), synthetic natural gas (methane or SNG), or other petroleum derivatives.

110.“Physiographic feature” means a landform or element of the landscape.

111.“Plankton” means small, suspended aquatic plants and animals which drift or swim weakly in the water column.

112.“Point source discharge” means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which a pollutant is or may be discharged.

113."Pollutant" means any material or effluent as defined R.I. Gen. Laws § 46-12-1(15).

114.“Priority of use” means a reflection of the Council's assessment of those uses deemed most likely to be consistent with adopted Council policies and regulations.

115.“Program” or “CRMP” means the State of Rhode Island Coastal Resources Management Program.

116.“Property line extension” or “PLE” means projections of property lines used to demarcate the sideways bounds of a tidal water area adjacent to property on which a marina or residential dock is proposed to be sited. The PLE is used in the application process as a tool to assess dock siting and is not to be construed as conveying any rights or privileges to an applicant or property nor as a determination of riparian rights.

117.“Public access to the shore” means a general term used to describe the ways and means by which the public may legally reach and enjoy the coastal areas and resources of the State.

118.“Public right-of-way” means a parcel of land over which the public has a right to access tidal waters.

119.“Public roadways” means all roadways other than private driveways used to access either public or private roads.

120.“Public trust resources” means the resources held in trust for the benefit of the public and includes tangible physical, biological matter substance or systems, habitat or ecosystem contained on, in or beneath the tidal waters of the state, and also include intangible rights to use, access, or traverse tidal waters for traditional and evolving uses including but not limited to recreation, commerce, navigation and fishing.

121.“Recreation” means any voluntary experience engaged primarily during leisure time from which the individual derives satisfaction.

122.“Recreational structures” means swim floats, beach pavilions and other structures that are located in the water or constructed for recreational purposes on a shoreline feature, its contiguous area, or in tidal waters.

123.“Recreational boating facilities” means marinas, launching ramps, outhauls, residential and limited recreational boating facilities, recreational wharves, piers and slips, floats or floating docks, and mooring areas.

124.“Redevelopment” means any construction, alteration, or improvement that disturbs a total of 10,000 square feet or more of existing impervious area where the existing land use is commercial, industrial, institutional, governmental, recreational, or multi-family residential.

125.“Residential boating facility” means a dock, pier, wharf, or float, or combination of such facilities, that shares a common boundary or is located directly across the width of a public road with a private residence, developed condominium, developed cooperative or other home owners’ association properties that may accommodate up to four (4) boats.

126.“Residential building” means houses, and other structures as defined in the Rhode Island State Building Code (510-RICR-00-00-2) which are used primarily for human habitation and are built on a shoreline feature or its contiguous area.

127.“Restoration” means a return to former, natural or unimpaired condition.

128.“Revetment” means a structure built to armor a sloping shoreline face usually composed of one or more layers of stone or concrete riprap. A revetment blankets, and generally conforms to, the contours or a coastal feature.

129.“Rhode Island State Plane Coordinate System of 1983” or “RISPCS 1983” means a transverse Mercator projection of the North American datum of 1983, which can be used for defining and stating the geographic positions or locations of points on the surface of the earth within the state and defined in R.I. Gen. Laws § 34-8-4. The Rhode Island Coordinate System of 1983 shall be used for all HMPs.

130.“Riparian rights” means the rights and privileges of a person owning land containing or bordering on a watercourse.

131.“Riprap” means stone that is dumped or placed and installed without mortar to create a revetment with slopes not exceeding 1:1.

132.“Rocky shore” means naturally occurring shorelines composed of bedrock ledge or boulder strewn areas extending from below mean low water to above the mean high water mark. These areas frequently contain tide pools.

133.“Runoff” means that portion of precipitation which is not absorbed into the ground and which directly or indirectly drains through natural or manmade channels to surface water bodies.

134.“Salt marsh” means areas regularly or irregularly inundated by salt water through either natural or artificial water courses and where one or more of the following species predominate: smooth cordgrass (Spartina alterniflora), salt meadow grass (Spartina patens), spike grass (Distichlis spicata), black rush (Juncus gerardi), saltwort (Salicornia spp.), sea lavender (Limonium carolinianum), saltmarsh bulrush (Scirpus spp.), high tide bush (Iva frutescens). Saltmarsh includes both high saltmarsh and low saltmarsh defined as follows:

a.High salt marsh is defined as that portion of the saltmarsh that is typically flooded by spring, moon, or other flooding tides but otherwise is not flooded on a daily basis. The vegetative composition of high salt marsh typically consists of one or more of the following: salt meadow grass (Spartina patens); short-form Spartina alterniflora spike grass (Distichlis spicata); black rush (Juncus gerardi); tall reed (Phragmites communis); Sea Lavender (Limonium carolinianum); tall cordgrass (Spartina pectinata); saltmarsh bulrushes (Scirpus spp.); and high tide bush (Iva frutescens).

b.Low salt marsh is defined as that portion of the saltmarsh that is flooded daily and the vegetative composition typically consists predominantly of smooth cordgrass (Spartina alterniflora).

135.“Scarp” means a line of cliffs, bluffs produced by faulting or erosion.

136.“Sea level” means the height of the sea with respect to a horizontal control point or benchmark such as the North American Vertical Datum of 1988 (NAVD 88). Sea level rise refers to the net increase in mean sea level over time in response to global climate, local tectonic changes, glacial isostatic adjustment, and ocean dynamics. Sea level rise indicates a positive trend, thus an increase in sea level as compared to historic measurements.

137.“Sea Level Affecting Marshes Model” or “SLAMM” means a model that simulates the dominant processes involved in wetland conversion and shoreline modifications during long-term sea level rise. The model projects the likely wetland conditions for selected sea level rise scenarios and the extent of landward wetland migration.

138.“Seawall” means a stand-alone, typically near vertical structure built of placed stone, gabions, concrete, or steel sheet pile. Concrete seawalls often have curved, or stepped faces designed to withstand the direct onslaught of ocean waves.

139.“Sedimentation” means the settling to the bottom of suspended sediments.

140.“Seed” means: Quahogs (Mercenaria mercenaria) with a shell size along the longest axis less than 20mm; Oysters (Crassostrea virginica and Ostrea edulis) with a shell size along the longest axis less than 32mm; and any Blue Mussels (Mytilus edulis) that have settled during the current calendar year.

141.“Setback” means the minimum distance from the inland boundary of a coastal feature or buffer zone at which construction or an approved activity or alteration may take place.

142.“Sewage” means fecal material and human waste pursuant to R.I. Gen. Laws § 46-12-1(21). For purposes of this Part sewage further includes pollutant as defined herein.

143.“Sewage treatment plant” means sewage collection and treatment facilities, including state, municipal, or privately owned and operated collection, pumping, treating, disposal or dispersion facilities designed for the treatment of sewage from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water, or surface runoff that may be present in the waste stream.

144.“Shellfish stock” means a population of species living within defined limits (e.g., the Narragansett Bay steamer clam stock or the Ninigret Pond wild oyster stock).

145.“Shoreline category/type” means one of the seven categories of Rhode Island shorelines designated as part of this program.

146.“Significant damage to the environment” means detriment, harm, or destruction of the environment, as opposed to damage of trivial consequence.

147.“Significant expansion of a marina” means any expansion greater than 25 % of existing or previously authorized boat capacity, or an expansion of fifty (50) or more vessels.

148.“Spat” means a molluscan bivalve larva that is in the water column or recently settled.

149.“Spat collection” means the use and placement of submerged apparatus to attract or capture larval shellfish by a CRMC Assent holder.

150.“Storm surge” means an elevation in the sea surface from the effects of a storm.

151.“Stormwater management plan” means a plan describing the proposed methods and measures to prevent or minimize stormwater runoff (water quality and quantity) impacts associated with a development project both during and after construction. It identifies selected low impact development source controls and treatment practices to address those potential impacts, the engineering design of the treatment practices, and maintenance requirements for proper performance of the selected practices. The stormwater management plan details how a project complies with the eleven (11) minimum stormwater management standards and performance criteria detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. When such a plan is implemented, it provides protection and restoration of receiving waters by reducing pollutant loadings and other negative impacts associated with changes in land use (i.e., urbanization).

152.“Stormwater runoff” means that portion of precipitation that does not naturally infiltrate into the landscape (e.g., without human influence) but rather travels overland as surface flow. It is also commonly referred to as "stormwater". Stormwater runoff is a significant contributor of pollutants such as sediments, bacteria, nutrients (nitrogen and phosphorus), hydrocarbons (oil and grease), metals, and other substances that adversely affect water quality and the coastal environment. In addition, significant discharges of stormwater may alter salinity and thereby, adversely impact the coastal environment, especially in poorly flushed estuaries and embayments.

153.“Structural lot coverage” means that part of a lot or parcel that is covered by roofed structures of at least two hundred (200) square feet in size. Structural lot coverage is calculated in square feet and is either equal to the total square footage occupied by one or more foundations, or, in the case of cantilevered structures, the total square footage occupied by the structure and calculated as if a foundation supported the cantilevered portions of the structure. Structural foundations shall be broadly interpreted to include sona-tubes, pilings, concrete blocks, columns, or other types of foundation material which provide structural support to a structure which is covered by a roof.

154.“Structural perimeter limit” or “SPL” means a defined perimeter based on in-water commercial and/or industrial structures and operations which defines and limits the area for said structures and operations to be located.

155.“Structural shoreline protection” means revetments, bulkheads, seawalls, groins, breakwaters, jetties, toe protection and other structures, the purpose or effect of which is to reduce the erosion of coastal features, and includes any sheet pile walls, concrete or stone walls, or other structures that are located within the fifty (50) foot minimum setback or the erosion setback pursuant to § 1.1.9 of this Part and which would extend to a depth below grade to protect land or structures from active or future shoreline erosion.

156.“Subdivision” means the division or re-division of land as defined in R.I. Gen. Laws § 45-23-32(52).

157.“Submerged aquatic vegetation” or “SAV” means rooted, vascular, flowering plants that, except for some flowering structures, live and grow below the water surface in coastal and estuarine waters in large meadows or small disjunct beds. SAV species of concern include eelgrass (Zostera marina) and widgeon grass (Ruppia maritima), with eelgrass as the dominant SAV in Rhode Island waters.

158.“Submerged aquatic vegetation habitat” or “SAV habitat” means the sediment and water column, and the physical, chemical and biological processes that are necessary to support SAV. SAV habitat occurs in continuously vegetated beds and in intermittent vegetated beds, including unvegetated areas between vegetated beds.

159.“Swim float” means any float that is one hundred fifty (150) square feet or less, bottom anchored and approved by the CRMC and local harbormaster on a seasonal basis (May 15 – October 15) that does not have vessels attached.

160.“Terminal float” means a floating dock or docks that are typically at the seaward terminus of a residential boating facility to which the berthed vessels are typically affixed and from which the vessels are boarded or berthed. Terminal floats are typically accessed from a ramp leading from a fixed pier. Four foot wide floats that are used to provide perpendicular access to the berthing area in lieu of the utilization of a fixed pier are defined as access floats, not terminal floats. Additional floats, not at the seaward end and not used primarily for access, shall be considered a terminal float.

161.“Transfer” means both on loading and offloading between vessels.

162.“Transient berthing” means berthing for less than thirty days (30) by a vessel that is typically kept at another location. Transient vessels and slips for transient vessels shall be considered part of the overall boat count allowed. Touch and Go facilities shall limit berthing to a maximum of forty eight (48) hours.

163.“Tributary” means any flowing body of water or watercourse which provides intermittent or perennial flow to tidal waters, coastal ponds, coastal wetlands or other down-gradient watercourses which eventually discharges to tidal waters, coastal ponds or coastal wetlands.

164.“Tributary wetland” means freshwater wetlands that are connected via a watercourse to a coastal wetland and/or tidal waters.

165.“Undue hardship” means an inappropriate, unsuitable, unlawful, or excessive standard or requirement levied upon an applicant. This does not include economic diminution in value.

166.“Upweller” means a mechanical device to increase water flow for shellfish seed intended to accelerate their growth.

167.“Vertical datum” means either a fixed benchmark such as NAVD 88 or a site specific tidal datum such as mean high water, mean low water and mean sea level. NGVD 29 is based on the local mean sea level in 1929, which has changed over time. NAVD 88 is the official civilian vertical datum for surveying and mapping activities in the United States. Tidal datum, such as mean sea level (MSL) or mean high water (MHW), vary according to the specific location, and represent the mean heights observed over the national tidal datum epoch.

168.“Vessel” means every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water and shall include barges and tugs. Specifically excluded by this definition are floating homes or houseboats.

169.“Water-dependent” means activities and/or uses which can only be conducted on, in, over, or adjacent to tidal waters or coastal ponds because the use requires access to the water from transportation, recreation, energy production, or source of water and also includes non-water-dependent activities that provide access to the shore to broad segments of the public.

170.“Water quality volume” or “WQv” means the storage needed to capture and treat ninety percent (90%) of the average annual stormwater runoff volume, and in Rhode Island this equates to one (1) inch of runoff from impervious surfaces.

171.“Water use category/type” means one of six use designations assigned to Rhode Island coastal waters as part of this program.

172.“Wetland restoration” means the re-establishment of a wetland (on the site of an historical wetland) which has been degraded to such an extent that the site performs little or none of its original wetland functions.

173.“Wetland walkover structure” means a pile-supported structure no more than 30 inches wide that provides passage over a wetland. Any pile supported structure that does not meet the requirements of § 1.3.1(Q) of this Part or terminates in a wetland or in tidal or non-tidal waters is not a wetland walkover structure.

174.“Widgeon grass” or “Ruppia maritima” means a rooted, submerged aquatic plant which is capable of both vegetative and sexual growth. Widgeon grass exists primarily in saline and brackish waters, salt ponds and pools within salt marshes, and inland saline waters.

175.“Wild stock” means existing natural resources, including aquatic (freshwater and marine) animals or plants, which grow within the waters of the state.

1.1.3Requirements for Applicants

A.Step one - Is a Council assent required?

1.All developments or operations within, above or beneath the tidal waters below the mean high water mark extending out to the extent of the state’s jurisdiction in the territorial sea, and those occurring on coastal features or within all directly associated contiguous areas which are necessary to preserve the integrity of coastal resources, or any portion of which extends onto the most inland shoreline feature or its two hundred (200) foot contiguous area, or as otherwise set out in the Coastal Resources Management Program, require a Council Assent.

2.Persons proposing the following activities any portion of which extends onto the most inland shoreline feature or its two hundred (200) foot contiguous area are required to apply for a Council Assent: subdivisions, cooperatives, or other multi-ownership facilities [of six (6) units or more], or facilities requiring or creating forty thousand (40,000) sq. ft. or more of parking.

3.Persons proposing the following activities within critical coastal areas, which include the watersheds of poorly flushed areas delineated on maps accompanying this program, are required to apply for a Council Assent: subdivisions, cooperatives, and other multi-ownership facilities [of six (6) units or more]; any structure serviced by an on-site sewage disposal system servicing two thousand (2,000) gallons or more per day; any activity which results in the creation of forty thousand (40,000) sq. ft. or more of impervious surface; construction or extension of municipal or industrial sewage facilities or systems (not connections to individual homes); construction or extension of water distribution systems or supply lines (not connections to individual homes).

4.Persons proposing selected inland activities anywhere in the state that may require a Council Assent shall request a review of the project to determine whether impacts on the environment of the coastal region are likely and, therefore, whether a Council Assent will be required. These selected inland activities are:

a.Power generating over forty (40) megawatts;

b.Chemical or petroleum processing, transfer or storage;

c.Minerals extraction;

d.Sewage treatment and disposal and solid waste disposal facilities; and

e.Desalination plants.

5.Persons proposing any project or activity which may alter the character of any freshwater wetland in the vicinity of the coast, and which is not specifically exempt under the Rules and Regulations for the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast (Part 2 of this Subchapter) or as provided in R.I. Gen. Laws § 46-23-6(2)(iv), are required to apply for a Council Assent. When it is not clear as to whether or not freshwater wetlands exist in the area of any proposed activity, or whether the proposed activity requires a Council Assent, persons should consult with the Council prior to undertaking any activity.

B.Step two - Where Is the activity or alteration being proposed?

1.Locate the area where an activity or alteration is proposed on the maps that accompany this Program. Then note the water use category (if an on land activity is proposed, the adjoining water use category). If the shoreline is designated a critical erosion area, note the average annual erosion rate. In these areas, non-water dependent structures must be set back a distance equivalent to thirty (30) times the annual erosion rate (see § 1.1.9 of this Part). The prerequisites, standards, and Category B requirements for on land activities listed in §§ 1.3.1(A) through 1.3.1(R) and in §§ 1.3.5 and 1.3.6 of this Part apply to both shoreline features and their two hundred (200) foot contiguous area.

2.Identify the shoreline features that may be affected. The maps give some indication of the shoreline features that may be involved, but this must be verified by inspecting the site. The definitions of shoreline features in § 1.1.2 of this Part will further assist you in identifying what shoreline features are present.

3.If the proposed activity or alteration is not located in Rhode Island's coastal waters, on or within the two hundred (200) foot contiguous area, or a statewide activity listed in § 1.3.3 of this Part, determine if it is located within a critical coastal area. If the proposed alteration or activity is listed in § 1.3.4 of this Part, then you will need to apply for a Council Assent.

4.If the proposed project or activity may alter the character of any freshwater wetland in the vicinity of the coast and is not specifically exempt, then you will need to apply for a Council Assent.

C.Step three - What regulations apply?

1.The prerequisites, policies, and standards in this Program are regulations that must be met by all persons who undertake alterations and activities under the Council's jurisdiction.

2.If the alteration proposed is for tidal waters or for a shoreline feature, turn to Table 1 in § 1.1.5 of this Part and match the activity with the water area and shoreline type. The table will tell you if the activity you propose is prohibited or will be processed as a Category A or Category B application. Table 2 in § 1.1.5 of this Part lists the review categories for activities proposed in the two hundred (200) foot area contiguous to shoreline features.

3.If the proposed alteration is within a critical coastal area, consult the appropriate CRMC Special Area Management Plan for supplemental policies, standards, and requirements. Table 3 in § 1.1.5 of this Part lists the review categories for inland activities subject to the requirements of § 1.3.3 or § 1.3.4 of this Part.

4.If the proposed project or activity is located within any freshwater wetland in the vicinity of the coast, the area of land within fifty feet (50') or on a riverbank, then the CRMC Rules and Regulations for the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast (Part 2 of this Subchapter) shall apply.

5.The applicant is required to obtain all other necessary municipal, state and federal permits, except where preempted by federal regulations. The Council may, however, waive the requirement for obtaining other permits as a prerequisite to issuing an assent pursuant to 10-00-1.4.2(G) of this Title.

D.Category A applications

1.Review the policies in § 1.2 of this Part for the water use and shoreline categories your proposal may affect. These may set limits on what may be permitted or provide guidance on how the work should by undertaken.

2.Turn to the appropriate section in § 1.3 of this Part and; note any prerequisites that you must meet before filing for a Council Assent; and review all standards. When filing a Category A application you must commit yourself to upholding all applicable standards. If you cannot meet one or more standards, you must apply for a variance (§ 1.1.7 of this Part), if applicable.

3.File your application. If the activity you propose is not starred (*) on Table 1 in § 1.1.5 of this Part and you meet all applicable standards, and if all information requirements have been verified by the Council's staff, review of the application will begin. If grounds for a substantive objection (see § 1.1.6(H) of this Part) exist on the proposed site (for example, the presence of rare or endangered species or severe building constraints), a Council member or the Council's staff will recommend review by the full Council, and the application will be put out to public notice.

4.If the activity you propose is starred (*), public notice will be given of your proposal; abutters to the affected property and local and state officials will be notified of your proposal. If one (1) or more substantive objections (see § 1.1.6(H) of this Part) are filed within the thirty (30) day notice period, a public hearing on your proposal will be scheduled and a Council subcommittee appointed to hear the objections, review your application, and recommend action to the full Council.

E.Category B applications

1.Complete steps 1 and 2 above (§§ 1.1.3(A) and (B) of this Part) as for a Category A Assent.

2.Prepare in writing an environmental assessment of your proposal. This must address all items listed in § 1.3.1(A) of this Part and any additional requirements for Category B applications listed for the activity in question in the appropriate sections of § 1.3 of this Part. The amount of detail appropriate for each topic will vary depending on the magnitude of the project and the likely impacts. If, in your opinion, some issues do not apply, simply note: "Does not apply."

3.All Category B applications are put out to public notice. A public hearing will be scheduled if one or more substantive objections are filed within the thirty (30) day notice period. A Council subcommittee will review your proposal, the comments prepared by its staff, and all other pertinent materials, and will recommend action to the full Council. If your proposal is uncontested, you may expect Council action within thirty (30) working days of verification by the Council's staff that all informational requirements have been met. The Council shall base its decision on consideration of how your proposal conforms to goals for the shoreline features and water use categories affected, other relevant policies, and the significance of the likely impacts of your proposal on the environment of the coastal region.

1.1.4Alterations and Activities That Require an Assent from the Coastal Resources Management Council

A.Tidal waters, shoreline features, and contiguous areas

1.A Council assent is required for any alteration or activity that are proposed for:

a.Tidal waters within the territorial seas (including coastal ponds, some of which are not tidal but which are coastal waters associated with a barrier beach system, and are physiographical features);

b.Shoreline features; and

c.Areas contiguous to shoreline features.

(1)Contiguous areas include all lands and waters directly adjoining shoreline features that extend inland two hundred (200) feet from the inland border of that shoreline feature. A Council Assent is required for any alteration or activity any portion of which extends onto the most inland shoreline feature or its two hundred (200) foot contiguous area. Representative activities are listed in Tables 1, 2 and 3 of § 1.1.5 of this Part. Any alteration or activities as defined in § 1.1.5 of this Part must have an assent card posted and have a copy of the assent available at the site where the intended activity or alteration is to take place. Failure to post assent card and/or have a copy of the assent available constitutes a violation under this program.

2.Council Assents are also required for any other activity or alteration not listed in Tables 1, 2 and 3 of § 1.1.5 of this Part, but which has a reasonable probability of conflicting with the Council's goals and its management plans or programs, and/or has the potential to damage the environment of the coastal region.

3.Tidal waters and coastal ponds have been assigned to one of six use categories. Findings, goals, and policies pertaining to each water use category are found in § 1.2 of this Part. High resolution, large scale maps showing the use categories are available on the CRMC website at: for each coastal community. The precise delineation of the seaward boundaries of the state's territorial sea must be clarified through special state legislation. Until that time, the Council shall use as a guideline the boundaries shown in Figure 1 of § 1.1.5(D) of this Part. The land-ward boundary of the territorial sea is the mean high water mark along the Rhode Island coast.

4.Shoreline features together encompass the entire shore and are assigned to the following categories:

a.Coastal beaches and dunes;

b.Barrier beaches;

c.Coastal wetlands;

d.Coastal cliffs, bluffs, and banks;

e.Rocky shores;

f.Manmade shorelines; and

g.Dunes.

5.The prerequisites, standards, and Category B requirements for on land activities listed in §§ 1.3.1(A) through 1.3.1(R) and in §§ 1.3.5 and 1.3.6 of this Part apply to shoreline features, their 200-foot contiguous area, and inland activities subject to §§ 1.3.3 and 1.3.4 of this Part.

B.Inland of shoreline features and contiguous areas

1.The Council reserves the right to review the following categories of alterations and activities proposed inland of shoreline features and their contiguous areas pursuant to R.I. Gen. Laws § 46-23-6:

a.Power generating plants over 40 megawatts capacity;

b.Chemical or petroleum processing, transfer, or storage facilities (excluding those of less than a 2,400-barrel capacity);

c.Freshwater wetlands in the vicinity of the coast;

d.Minerals extraction;

e.Sewage treatment and disposal facilities (excluding onsite wastewater treatment systems);

f.Solid waste disposal facilities; and,

g.Desalination plants.

2.Where, on the basis of a review, it is found that a proposal has a reasonable probability of conflict with adopted resources management plans or programs, and/or has the potential to damage the coastal environment the Council shall require that an Assent be obtained. Inland activities and alterations that may be subject to Council permitting are defined, and Council findings, goals, policies, and regulations are set forth in § 1.3.3 of this Part.

C.Critical coastal areas

1.Watersheds of poorly flushed estuaries: The Council reserves the right to review any activity proposed within the watersheds of poorly flushed estuaries and critical coastal areas. Therefore the Council has developed and adopted Special Area Management Plans in order to address the specific environmental concerns of those priority management areas. In addition to those activities captured under the Council's management program, activities within the Salt Pond Region and Narrow River Special Area Management Plans (SAMP) (as delineated on the maps accompanying each SAMP) that have a reasonable probability of conflicting with the goals of this plan must submit an application for an assent. These activities are:

a.Subdivisions, cooperatives, and other multi-ownership facilities [of six (6) units or more];

b.Any structure serviced by an on-site sewage disposal system servicing two thousand (2,000) gallons or more per day;

c.Any activity which results in the creation of forty thousand (40,000) sq. ft. or more of impervious surface;

d.Construction or extension of municipal or industrial sewage facilities or systems (not connections to individual homes); and,

e.Water distribution systems or extensions of supply lines (not connections to individual homes).

f.All roadway construction and upgrading projects; and

g.Development affecting freshwater wetlands in the vicinity of the coast.

2.Applicants proposing one or more of these activities shall apply to the Council. For more detailed mapping of the poorly flushed estuaries and their adjacent land use areas, as well as policies and recommendations pertaining to these areas, please see the appropriate Special Area Management Plan.

D.Freshwater wetlands in the vicinity of the coast

1.Applicability

a.A Council Assent is required for any project or activity which may alter the character of any freshwater wetland in the vicinity of the coast. Applicants are referred to the CRMC’s Rules and Regulations for the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast (Part 2 of this Subchapter) (i.e., the Rules) for specific programmatic requirements.

b.The Rules apply to all freshwater wetlands within the Council’s jurisdiction, the jurisdictional resource areas which are area(s) of land within fifty feet (50’), riverbanks, and flood plains, and, all activities which could alter the character of any freshwater wetland or part thereof in the vicinity of the coast.

c.The authority of the CRMC to apply the Rules to freshwater wetlands in the vicinity of the coast, area(s) of land within fifty (50) feet, riverbanks, and flood plains, is that which is necessary to carry out the effective management of the resource.

d.Projects or activities subject to the CRMC’s jurisdiction due to the nature of the activity, its proximity to any coastal feature, or its location within the boundaries of the Narrow River or Salt Ponds watersheds (as defined in the Narrow River and Salt Ponds Special Area Management Plans (SAMP)), and the proposed project is also subject to these Rules, the CRMC shall apply the provisions of the RICRMP and any applicable SAMP in addition to these Rules. Where these separate regulatory programs may conflict, the more stringent definition, policy, standard and/or prohibition shall apply.

2.Policies

a.It is the policy of the Council to prohibit the alteration, filling, removing or grading of any tributary or tributary wetland. In all cases the precise boundary of the freshwater wetland shall be determined through a field inspection and verification by CRMC staff.

b.The Council’s Rules and Regulations for the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast (Part 2 of this Subchapter), are incorporated herein and the following constitute the functions and values of freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains:

(1)Wildlife and Wildlife Habitat: Freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains are important areas for the production and diversity of wildlife. Wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains provide habitat for individual species and communities of animals and plants. Animals include both game and non-game species, which may be either obligate or facultative, and which may be permanent residents, seasonal or transient in nature. Wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains serve as travel corridors, nesting sites, feeding sites, resting sites, nursery and/or brood rearing sites, escape cover, and seasonal breeding, migration, and over-wintering habitat for wildlife. Wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains provide critical habitat for some plant and animal species, and provide habitat for rare animal and rare plant species.

(2)Recreation and Aesthetics: Freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains provide and potentially provide a variety of important active and passive recreational and aesthetic values to the general populace. Such active and passive recreational values include, but are not limited to activities such as; hunting, fishing, trapping, cross-country skiing, ice skating, boating, waterskiing, canoeing, camping, swimming, bicycling, hiking/walking, horseback riding, harvesting of natural foods or plant materials, bird watching, education and nature studies or other animal observations and photography. Aesthetic values include, but are not limited to, the wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains visual, aural and cultural qualities such as its prominence as a distinct feature in the local area, including its prominence as open space; whether the wetland, area of land within fifty (50) feet, riverbank, or flood plain is a rare type; whether the wetland, area of land within fifty (50) feet, riverbank, or flood plain actually maintains or provides suitable habitat for any rare animal or rare plant species; whether the wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains has any outstanding or uncommon geomorphologic features; and whether the wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains contains archaeological evidence or historic significance.

(3)Flood Protection: Freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains protect life and/or property from flooding and flood flows by storing, retaining, metering out, and otherwise controlling flood waters from storm events. Further, wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains control the damaging effects of flood flows by dissipating erosive forces, providing frictional resistance to flood flows, and providing shoreline anchoring values.

(4)Surface Water and Groundwater: Freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains provide and/or maintain surface and/or groundwater supplies by acting as a recharge or discharge area, or in the case of some ponds, acting as surface water reservoirs. While groundwater recharge and discharge functions and values may vary seasonally, a freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains may, either individually or cumulatively, be an important factor in replenishing ground and surface water supplies, maintaining stream flows, transporting surface waters, and storing or metering out surface waters and/or groundwater during seasons or periods of droughts.

(5)Water Quality: Freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains protect and/or maintain important water quality functions and values by nutrient retention or removal; pollution filtration; sediment removal; oxygen production; turbidity reduction; maintenance or modification of stream flow; temperature and oxygen regimes in both flowing and surface water bodies, and providing and maintaining safe drinking water supplies.

c.The functions and values of freshwater wetlands in the vicinity of the coast further the goals and objectives of the Council’s management programs for the protection and management of coastal resources.

3.Prerequisites

a.A water quality certificate from the Department of Environmental Management shall be a prerequisite for any application to alter freshwater wetlands pursuant to the Council’s Rules and Regulations for the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast (Part 2 of this Subchapter).

4.Prohibitions

a.Filling, removing, or grading (§ 1.3.1(B) of this Part) is prohibited on any tributary or tributary wetland. Any activity not prohibited herein shall be evaluated against the Council’s Rules and Regulations for the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast (Part 2 of this Subchapter). However, the following exceptions may be permitted by the Council:

(1)The fifty (50) foot wetland perimeter and river bank wetland areas outside the wetland “edge” (RIFWWA, R.I. Gen. Laws §§ 2-1-20(d) and (g)) shall not be considered part of the wetland under this Section.

(2)Filling, removing, or grading of freshwater wetlands, excluding areas regulated as coastal wetlands (§ 1.2.2(C) of this Part) may receive relief from this prohibition in instances where filling is required to access otherwise buildable land and when no other reasonable alternatives for access exist and when the applicant has satisfied the variance burdens of proof set forth in § 1.1.7 of this Part. Buildable land shall be defined as a land area which satisfies all federal, state, and municipal requirements for the intended development. To be defined as buildable land, the intended development must also satisfy the requirements in applicable Special Area Management Plans and meet all of the Department of Environmental Management’s regulations and requirements for OWTS in “Critical Resource Areas.” In cases where the Council approves filling of a freshwater wetland in order to access otherwise buildable land, the applicant shall be subject to the following requirements:

(AA)The applicant shall be required to mitigate the area of wetland lost on a 2 to 1 (2:1) area basis;

(BB)The wetland that is replaced shall be consistent with that which was filled;

(CC)The mitigation, when feasible, shall take place on-site and in an area which is hydrologically connected to the impacted wetland. When not feasible the Council shall consider other viable alternatives, including increased mitigation ratios;

(DD)Setback and buffer requirements shall be required for the wetland replacement area;

(EE)Enhancement of existing wetland shall not be an acceptable form of mitigation under this Section;

(FF)When applicable, all wetland replacement projects will require the approval of the Rhode Island Department of Environmental Management, Division of Freshwater Wetlands; and,

(GG)When applicable, the applicant shall concurrently submit applications to the RIDEM and to the CRMC so that a concurrent review of the proposed activities can occur.

1.1.5Review Categories and Prohibited Activities in Tidal Waters and on Adjacent Shoreline Features

A.Table 1: Water type matrices

Review categories for activities within the two hundred (200)-foot area contiguous to shoreline features are listed in Table 2 in § 1.1.5 of this Part. All Category B activities and starred (*) Category A activities are put out to public notice. Maintenance of existing structures is treated in § 1.3.1(N) of this Part. Letter codes are as follows:

A - Category A Assent required;

B - Category B Assent required;

P - Prohibited; and

n/a - Not applicable.

Footnotes for Table 1 (Water type matrices)

1 - See § 1.3.1(A) of this Part for differentiation between Category A and B reviews.

2 - Municipal sewer lines are reviewed as Category B.

3 - Utility lines are reviewed as Category B.

4 - See § 1.2.2(D) of this Part; the review categories shown here for Type 3, 4, 5, and 6 waters apply to wetlands designated for preservation.

5 - For residential docks, piers, floats see § 1.3.1(D) for review procedures.

6 - See § 1.2.1(B) of this Part for pre-existing marinas in Type 2 Waters.

7 - Category A review for pre-existing marinas in Type 2 waters (See § 1.3.1(I) of this Part); Category B review for residential boating facilities in Type 2 waters (See § 1.3.1(I) of this Part).

8 - Structural shoreline protection facilities may only be permitted to protect historic structures which are currently listed in the National Register of Historic Places. Additionally, the proposal must meet all applicable standards contained within in § 1.3.1(G) of this Part.

9 - See § 1.3.1(D) of this Part.

10 - Where an activity substantially detracts from or interferes with the priority uses of Type 6 Waters, as specified in § 1.2.1(F) of this Part, the Council may prohibit such activity.

11 - Public boat launching ramps are permissible in Type 2 waters in accordance with § 1.2.1(B) of this Part. Private boat launching ramps may be permitted only when in conformance with § 1.3.1(D) of this Part.

Activity Matrix

Type 1 Waters

Tidal Waters

Beaches and Dunes

Undeveloped Barriers

Moderately Developed Barriers

Developed Barriers

Coastal Wetlands

Headlands, Bluffs and Cliffs

Rocky Shores

Manmade Shorelines

Areas of Historic/Archaeological Significance

Filling, Removal, and Grading of Shoreline Features

n/a

P

P

A1

A1

P

P

P

A1

B

Residential Structures

P

P

P

P

A

P

P

P

P

B

Commercial/Industrial Structures

P

P

P

P

B

P

P

P

P

P

Recreational Structures

P

P

P

P

B

P

P

P

B

B

Mooring Areas

P

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

Marinas

P

P

P

P

P

P

P

P

P

P

Launching Ramps*

P

P

P

P

P

P

P

P

P

P

Residential Docks, Piers,& Floats‎Limited Recreational Boating Facilities

P

P

P

P

P

P

P

P

P

P

Mooring of Houseboats

P

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Mooring of Floating Businesses

P

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Municipal Sewage Treatment Facilities

P

P

P

P2

B

P

P

P

P

B

Individual Sewage Disposal Systems

P

P

P

P

A

P

P

P

P

B

Point Discharges - Runoff

B

A

A

A

A

A

A

A

A

A

Point Discharges - Other

P

P

P

P

B

P

P

P

P

B

Non-Structural Shoreline Protection

A

A

A

A

A

A

A

A

A

A

Structural Shoreline Protection

P

P

P

P

P

P

P

P

B

B8

Energy-related Activities/Structures

P

P

P

P3

B

P

P

P

B

B

Dredging - Improvement

P

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Dredging - Maintenance

P

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Open-Water Dredged Material Disposal

P

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Upland Dredged Material Disposal

n/a

P

B

B

B

P

P

P

B

B

Beach Nourishment

B

B

B

B

B

P

n/a

n/a

n/a

B

Filling in Tidal Waters

P

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Aquaculture

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Mosquito Control Ditching

A

n/a

n/a

n/a

n/a

A

n/a

n/a

n/a

B

Mining

P

P

P

P

P

P

P

P

P

P

Construction of Public Roads, Bridges, Parking Lots, Railroad Lines, Airports

P

P

P

P

B

P

P

P

B

B

Activity Matrix

Type 2 Waters

Tidal Waters

Beaches and Dunes

Undeveloped Barriers

Moderately Developed Barriers

Developed Barriers

Coastal Wetlands

Headlands, Bluffs and Cliffs

Rocky Shores

Manmade Shorelines

Areas of Historic/Archaeological Significance

Filling, Removal, and Grading of Shoreline Features

n/a

P

P

A1

A1

P

P

P

A1

B

Residential Structures

P

P

P

P

A

P

P

P

A

B

Commercial/Industrial Structures

P

P

P

P

B

P

P

P

B

P

Recreational Structures

P

P

P

P

B

P

P

P

B

B

Mooring Areas

B

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

Marinas

P6

P

P

P

P

P

P

P

P

P

Launching Ramps*

P/B11

P

P

P

P

P

P

P

B9

P

Residential Docks,Piers,& Floats‎Limited Recreational Boating Facilities

A/B5

B

P

P

B

B

B

B

B

B

Mooring of Houseboats

P

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Mooring of Floating Businesses

P

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Municipal Sewage Treatment Facilities

P

P

P

P2

B

P

P

B

B

B

Individual Sewage Disposal Systems

P

P

P

P

A

P

P

P

P

B

Point Discharges - Runoff

A

A

A

A

A

A

A

A

A

A

Point Discharges - Other

B

P

P

P

B

P

P

P

P

B

Non-Structural Shoreline Protection

A

A

A

A

A

A

A

A

A

A

Structural Shoreline Protection

B6

P

P

P

P

P

B

B

B

B

Energy-related Activities/Structures

B

P

P

P3

B

P

P

P

B

B

Dredging - Improvement

P

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Dredging - Maintenance

A/B7

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Open-Water Dredged Material Disposal

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Upland Dredged Material Disposal

n/a

P

B

B

B

P

P

B

B

B

Beach Nourishment

B

B

B

B

B

P

n/a

n/a

n/a

B

Filling in Tidal Waters

P6

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Aquaculture

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Mosquito Control Ditching

A

n/a

n/a

n/a

n/a

A

n/a

n/a

n/a

B

Mining

P

P

P

P

P

P

P

P

P

P

Construction of Public Roads, Bridges, Parking Lots, Railroad Lines, Airports

B

P

P

P

B

P

P

P

B

B

Activity Matrix

Type 3 Waters

Tidal Waters

Beaches and Dunes

Undeveloped Barriers

Moderately Developed Barriers

Developed Barriers

Coastal Wetlands

Headlands, Bluffs and Cliffs

Rocky Shores

Manmade Shorelines

Areas of Historic/Archaeological Significance

Filling, Removal, and Grading of Shoreline Features

n/a

B

P

A1

A1

P

P

B

A1

B

Residential Structures

P

P

P

P

A

P

P

P

A

B

Commercial/Industrial Structures

B

B

P

P

B

P

B

B

B

B

Recreational Structures

B

B

P

P

B

P

B

B

B

B

Mooring Areas

B

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

Marinas

B

B

P

P

B

P

B

B

B

B

Launching Ramps*

B

B

P

B

B

P

B

B

B

B

Residential Docks,Piers,& Floats‎Limited Recreational Boating Facilities

A/B5

A

P

P

A

A

A

A

A

B

Mooring of Houseboats

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Mooring of Floating Businesses

P

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Municipal Sewage Treatment Facilities

P

P

P

P2

B

P

P

B

B

B

Individual Sewage Disposal Systems

P

P

P

P

A

P

P

P

B

B

Point Discharges - Runoff

A

A

A

A

A

A

A

A

A

A

Point Discharges - Other

B

B

P

B

B

P

P

P

B

B

Non-Structural Shoreline Protection

A

A

A

A

A

A

A

A

A

A

Structural Shoreline Protection

B

B

P

P

P

P

B

B

B

B

Energy-related Activities/Structures

B

P

P

P3

B

P

B

B

B

B

Dredging - Improvement

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Dredging - Maintenance

A

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Open-Water Dredged Material Disposal

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Upland Dredged Material Disposal

n/a

B

B

B

B

P

B

B

B

B

Beach Nourishment

B

B

B

B

B

P

n/a

n/a

n/a

B

Filling in Tidal Waters

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Aquaculture

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Mosquito Control Ditching

A

n/a

n/a

n/a

n/a

A

n/a

n/a

n/a

B

Mining

P

P

P

P

P

P

P

P

P

P

Construction of Public Roads, Bridges, Parking Lots, Railroad Lines, Airports

B

P

P

P

B

P

B

B

B

B

Activity Matrix

Type 4 Waters

Tidal Waters

Beaches and Dunes

Undeveloped Barriers

Moderately Developed Barriers

Developed Barriers

Coastal Wetlands

Headlands, Bluffs and Cliffs

Rocky Shores

Manmade Shorelines

Areas of Historic/Archaeological Significance

Filling, Removal, and Grading of Shoreline Features

n/a

B

P

A1

A1

P

B

B

A1

B

Residential Structures

P

P

P

P

A

P

P

P

A

B

Commercial/Industrial Structures

B

B

P

P

B

P

B

B

B

B

Recreational Structures

B

B

P

P

B

P

B

B

B

B

Mooring Areas

B

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

Marinas

B

B

P

P

B

P

B

B

B

B

Launching Ramps*

B

B

P

B

B

P

B

B

B

B

Residential Docks,Piers,& Floats‎Limited Recreational Boating Facilities

A/B5

A

P

P

A

A

A

A

A

B

Mooring of Houseboats

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Mooring of Floating Businesses

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Municipal Sewage Treatment Facilities

B

B

P

P2

B

P

B

B

B

B

Individual Sewage Disposal Systems

P

P

P

P

A

P

P

P

A

B

Point Discharges - Runoff

A

A

A

A

A

A

A

A

A

A

Point Discharges - Other

B

B

P

B

B

P

B

B

B

B

Non-Structural Shoreline Protection

A

A

A

A

A

A

A

A

A

A

Structural Shoreline Protection

B

B

P

P

P

P

B

B

B

B

Energy-related Activities/Structures

B

B

P

P3

B

P

B

B

B

B

Dredging – Improvement

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Dredging – Maintenance

A

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Open-Water Dredged Material Disposal

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Upland Dredged Material Disposal

n/a

B

B

B

B

P

B

B

B

B

Beach Nourishment

B

B

B

B

B

P

n/a

n/a

n/a

B

Filling in Tidal Waters

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Aquaculture

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Mosquito Control Ditching

A

n/a

n/a

n/a

n/a

A

n/a

n/a

n/a

B

Mining

P

P

P

P

P

P

P

P

P

P

Construction of Public Roads, Bridges, Parking Lots, Railroad Lines, Airports

B

B

P

P

B

P

B

B

B

B

Activity Matrix

Type 5 Waters

Tidal Waters

Beaches and Dunes

Undeveloped Barriers

Moderately Developed Barriers

Developed Barriers

Coastal Wetlands

Headlands, Bluffs and Cliffs

Rocky Shores

Manmade Shorelines

Areas of Historic/Archaeological Significance

Filling, Removal, and Grading of Shoreline Features

n/a

B

P

A1

A1

P

B

B

A1

B

Residential Structures

P

P

P

P

A

P

B

B

A

B

Commercial/Industrial Structures

B

B

P

P

B

P

B

B

B

B

Recreational Structures

B

B

P

P

B

P

B

B

B

B

Mooring Areas

B

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

Marinas

B

B

P

P

B

P

B

B

B

B

Launching Ramps*

B

B

P

B

B

P

B

B

B

B

Residential Docks,Piers,& Floats‎Limited Recreational Boating Facilities

A/B5

A

P

P

A

A

A

A

A

B

Mooring of Houseboats

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Mooring of Floating Businesses

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Municipal Sewage Treatment Facilities

P

B

P

P2

B

P

B

B

B

B

Individual Sewage Disposal Systems

P

P

P

P

A

P

B

B

A

B

Point Discharges - Runoff

A

A

A

A

A

A

A

A

A

A

Point Discharges - Other

B

B

P

B

B

P

B

B

B

B

Non-Structural Shoreline Protection

A

A

A

A

A

A

A

A

A

A

Structural Shoreline Protection

B

B

P

P

P

P

B

B

B

B

Energy-related Activities/Structures

B

B

P

P3

B

P

B

B

B

B

Dredging - Improvement

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Dredging - Maintenance

A

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Open-Water Dredged Material Disposal

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Upland Dredged Material Disposal

n/a

B

B

B

B

P

B

B

B

B

Beach Nourishment

B

B

B

B

B

P

n/a

n/a

n/a

B

Filling in Tidal Waters

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Aquaculture

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Mosquito Control Ditching

A

n/a

n/a

n/a

n/a

A

n/a

n/a

n/a

B

Mining

P

P

P

P

P

P

P

P

P

P

Construction of Public Roads, Bridges, Parking Lots, Railroad Lines, Airports

B

B

P

P

B

P

B

B

B

B

‎Activity Matrix

Type 6 Waters 10

Tidal Waters

Beaches and Dunes

Undeveloped Barriers

Moderately Developed Barriers

Developed Barriers

Coastal Wetlands

Headlands, Bluffs and Cliffs

Rocky Shores

Manmade Shorelines

Areas of Historic/Archaeological Significance

Filling, Removal, and Grading of Shoreline Features

n/a

B

P

A1

A1

P

B

B

A1

B

Residential Structures

P

P

P

P

A

P

B

B

A

B

Commercial/Industrial Structures

B

B

P

P

B

P

B

B

B

B

Recreational Structures

B

B

P

P

B

P

B

B

B

B

Mooring Areas

P

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

Marinas

B

B

P

P

B

P

B

B

B

B

Launching Ramps*

B

B

P

B

B

P

B

B

B

B

Residential Docks,Piers,& Floats‎Limited Recreational Boating Facilities

A/B5

B

P

P

B

B

B

B

B

B

Mooring of Houseboats

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Mooring of Floating Businesses

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Municipal Sewage Treatment Facilities

B

B

P

P2

B

P

B

B

B

B

Individual Sewage Disposal Systems

P

P

P

P

A

P

B

B

A

B

Point Discharges - Runoff

A

A

A

A

A

A

A

A

A

A

Point Discharges - Other

B

B

P

B

B

P

B

B

B

B

Non-Structural Shoreline Protection

A

A

A

A

A

A

A

A

A

A

Structural Shoreline Protection

B

B

P

P

P

P

B

B

B

B

Energy-related Activities/Structures

B

B

P

P3

B

P

B

B

B

B

Dredging - Improvement

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Dredging - Maintenance

A

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Open-Water Dredged Material Disposal

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Upland Dredged Material Disposal

n/a

B

B

B

B

P

B

B

B

B

Beach Nourishment

B

B

B

B

B

P

n/a

n/a

n/a

B

Filling in Tidal Waters

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Aquaculture

B

n/a

n/a

n/a

n/a

P

n/a

n/a

n/a

n/a

Mosquito Control Ditching

A

n/a

n/a

n/a

n/a

A

n/a

n/a

n/a

B

Mining

P

P

P

P

P

P

P

P

P

P

Construction of Public Roads, Bridges, Parking Lots, Railroad Lines, Airports

B

B

P

P

B

P

B

B

B

B

B.Table 2: Review categories in the two hundred (200) foot area contiguous to shoreline features

Alteration or activity

Review Category

Filling, removal, and grading of shoreline features

A/B1

Residential buildings

A2

Commercial and industrial structures

A/B3

Recreational structures

A/B3

Municipal sewage treatment facilities

A/B3

Onsite wastewater treatment systems (OWTS)

A

Point discharges - runoff

A

Point discharges - other

B

Structural shoreline protection

B

Non-structural shoreline protection

A

Upland dredged material disposal

A/B3

Energy related structures

B

Mining

B

Construction of public roads, bridges, parking lots, railroad lines, and airports

B

Associated residential structures

A/F (F - Finding of no significant impact)

NOTE: Setbacks from buffers and/or critical erosion areas as required in this program or any special area management plan are to be applied to these activities

Footnotes for Table 2

1 - See § 1.3.1(B) of this Part for differentiation between Category A and B reviews.

2 - See § 1.3.3 of this Part.

3 - For commercial and industrial structures, recreational structures, upland disposal of dredged material as part of an approved maintenance application, and municipal sewage treatment facilities, a Category "A" review may be permitted provided that the Executive Director determines that:

(1) All criteria in § 1.1.5(E) of this Part are met;

(2) The proposed activity is determined to be a minor alteration with respect to potential impacts to the waterway, coastal feature, and in areas within RICRMP jurisdiction;

(3) The proposed activity conforms to any and all applicable adopted CRMC special area management plans;

(4) The proposed activity will not significantly conflict with existing uses and activities in the waterway, on the coastal feature, and in areas within RICRMP jurisdiction;

(5) The proposed activity does not represent new development of a site within RICRMP jurisdiction along a Type 1, 2, or 4 waterway;

(6) The applicant meets all applicable requirements of § 1.3.1(I) of this Part.

C.Table 3: Review Categories for Inland Activities (§§ 1.3.3 and 1.3.4 of this Part)

Alteration or activity

Review category

Statewide

Power generating plants (excluding facilities of less than 40 megawatt capacity)

B

Petroleum storage facilities (excluding those of less than 2,400-barrel capacity)

B

Chemical or petroleum processing facilities

B

Minerals extraction

B

Sewage treatment and disposal facilities (excluding OWTS)

B

Solid waste disposal facilities

B

Desalination plants

B

Extending onto coastal feature or contiguous area

Subdivision, co-operative, or other multi-ownership facility

A/B1

Forty thousand (40,000) square feet of impervious surface

A/B2

Critical coastal areas

Subdivision, co-operative, or other multi-ownership facility

A/B1

Forty thousand (40,000) square feet of impervious surface

A/B2

Onsite wastewater treatment system serving more than two thousand (2,000) gallons per day

A/B2

Extension of municipal or industrial treatment facilities or sewer lines

B3

Water distribution systems or the extension of supply lines

A/B2

Footnotes for Table 1B

1 - For residential subdivisions a Category "A" review may be permitted provided that the proposed subdivision is less than six (6) units.

2 - Determined based on the application of other requirements (e.g., Table 1 or 1A of this Part) or at the discretion of the Executive Director.

3 - Not including the extension of sewer lines that are recommended within a council-approved special area management plan

D.Figure 1: Rhode Island's territorial sea and 2011 geographic location description (GLD) boundary.

1.1.6Applications for Category A and Category B Council Assents

A.The regulations contained herein are regulations that must be met by all persons who undertake alterations and activities under the Council’s jurisdiction.

B.Through the adoption and implementation of the Marine Resources Development Plan by the Council on January 10, 2006, permit applications which meet the thresholds below in § 1.1.6(C) of this Part, have received no objections, and are consistent with the goals and policies of the coastal resources management program will be reviewed and acted upon administratively by the executive director or his/her designee not less than twenty (20) calendar days after the staff report(s) is/are completed and placed in the public file. Category B applications which do not meet the thresholds below or have received an objection(s) will be reviewed by the full Council, and are not subject to the twenty (20) day wait period that the applications reviewable under § 1.1.6(C) of this Part (below) are. All public notice requirements, prerequisites, policies, prohibitions and standards shall remain in full force and effect and any reference to review and/or action by the full council cited herein shall be superseded by this rule.

C.If the executive director or deputy director in their discretion determines the application does not meet the goals and policies contained in the coastal resources management program and its applicable special area management plans, or fails to meet the variance criteria for any required variances, they may require that the application be reviewed and acted upon by the full council. The applicant will be notified of that determination in writing.

D.Applications eligible for administrative review include the following:

1.Subdivisions of twenty (20) units or less;

2.Residential docks less than two hundred (200) feet (MLW) in length in the Sakonnet River or the open waters of Narragansett Bay;

3.Residential docks up to seventy-five (75) feet (MLW) in length as are permissible in CRMC water types set forth in the CRMP;

4.Terminal floats less than two hundred (200) square feet;

5.Aquaculture sites of up to three (3) acres in the salt ponds or upper Narragansett Bay; less than ten (10) acres elsewhere;

6.Structural shoreline protection facilities of less than three hundred (300) linear feet;

7.Dredging, and dredge material disposal at pre-approved locations of less than one hundred thousand (100,000) cubic yards for marinas or state navigation projects;

8.Beach nourishment projects of less than one hundred thousand (100,000) cubic yards;

9.Wetland mitigation that is habitat restoration when an applicant is a federal, state, or municipal entity;

10.Harbor management plans that are recommended for approval;

11.Boat and float lifts;

12.Habitat restoration projects undertaken by public entities or in partnership with public entities; and

13.RIDOT road and bridge projects that do not require variances or special exceptions.

E.Category A applications.

1.The activities and alterations listed as "A" in Table 1 (shoreline features and tidal waters), Table 2 (the two hundred (200) foot area contiguous to shoreline features) or Table 3 (inland activities) in § 1.1.5 of this Part include routine matters and categories of construction and maintenance work that do not require review by the full Council if the criteria in §§ 1.1.6(E)(1)(a) through (d) below are all met.

a.The goals, policies, prerequisites, and standards of this document that apply to the areas and activities in question are met.

b.All buffer zone and setback requirements as contained in §§ 1.1.9 and 1.1.11 of this Part and/or as contained in applicable special area management plans are met.

c.Substantive objections are not raised by abutters of those Category A applications sent out to public notice, the CRMC members have not raised objections, or the Executive Director has not made a determination that the Category A activity in question is more appropriately reviewed as a Category B activity. (Note that starred Category A activities listed in Table 1 in § 1.1.5 of this Part are put out to notice). It should be noted that all notice procedures are subject to the provisions of R.I. Gen. Laws Chapter 42-35, the Administrative Procedures Act (APA).

d.Proof of certification of compliance with all applicable state and local statutes, ordinances, and regulations is provided.

2.If the Council's executive director determines that the criteria set forth above in § 1.1.6(E)(1) of this Part have been met, an Assent for the proposed activity or alteration will be issued. This Assent may include stipulations or conditions to ensure compliance with the goals, policies, and standards of this Program.

3.If the executive director determines that the criteria listed in § 1.1.6(E)(1) of this Part have not been met or a substantive objection is filed, the application shall be considered a Category B application and will be reviewed by the full Council.

4.Applicants requiring relief from one or more standards may apply for a variance (see § 1.1.7 of this Part).

F.Category B applications

1.Applicants for activities and alterations listed as "B" in Tables 1, 2, or 3 in § 1.1.5 of this Part, in addition to adhering to the applicable policies, prerequisites, and standards, are required to address all Category B requirements as listed in applicable sections of the program and, where appropriate, other issues identified by the Council.

2.Formal notice will be provided to all interested parties once completed forms for a Category B application have been filed with the Council. The notice shall set forth the nature of the application, any variances requested and the applicable sections of the CRMP from which a variance is requested. A public hearing will be scheduled if there are one or more substantive objections to the project, or at the consensus of four (4) or more members of the Council.

3.A Category B Assent shall be issued if the Council finds that the proposed alteration conforms to the goals, policies, prerequisites, informational requirements and standards of this Program.

G.Substantive objections

1.Substantive objections are defined by one or more of the following:

a.Threat of direct loss of property of the objector(s) at the site in question;

b.Direct evidence that the proposed alteration or activity does not meet all of the policies, prerequisites, and standards contained in applicable sections of this document;

c.Evidence is presented which demonstrates that the proposed activity or alteration has a potential for significant adverse impacts on one or more of the following descriptors of the coastal environment:

(1)Circulation and/or flushing patterns;

(2)Sediment deposition and erosion;

(3)Biological communities, including vegetation, shellfish and finfish resources, and wildlife habitat;

(4)Areas of historic and archaeological significance;

(5)Scenic and/or recreation values;

(6)Water quality;

(7)Public access to and along the shore;

(8)Shoreline erosion and flood hazards; or

d.Evidence that the proposed activity or alteration does not conform to state or duly adopted municipal development plans, ordinances, or regulations.

H.Findings of no significant impact

1.Certain construction and alteration activities within two hundred (200) feet of a coastal feature frequently are found to pose little impact or threat to coastal resources and therefore do not warrant full CRMC staff review. These activities are often associated with existing residential, commercial, and/or industrial sites or previously assented structures or activities and include, but are not limited to, interior renovations, construction of attached decks, dormers, porches, second story additions, roofing, siding or window and door alterations, installation of detached tool sheds, flag poles, fences along property bounds located landward of the coastal feature and certain types of landscaping work.

2.These associated structures and activities, depending on the extent of alteration and proximity to the coastal feature, may, on a case by case basis, and after preliminary review of the proposed activity or upon staff recommendation, be determined by the Council's Executive Director or Deputy Director as having an insignificant threat to coastal resources. In such cases, an application for a finding of no significant impact to undertake the proposed activity will be required. The property owner will receive a letter from the Executive Director or Deputy Director informing him/her of the determination, the limits of authorized work, and a time frame within which the work is to be completed. This letter must be kept on-site and available for inspection by appropriate CRMC officials.

I.Coastal hazard analysis application requirements

1.The following new projects when subject to the jurisdiction of the CRMC must file a coastal hazard analysis with their CRMC application using the “CRMC Coastal Hazard Application Guidance” provided in Chapter 5 of the CRMC Shoreline Change Special Area Management Plan (Beach SAMP):

a.Construction of new residential buildings as defined in § 1.1.2 of this Part;

b.Construction of new commercial and industrial structures as defined in § 1.1.2 of this Part;

c.Construction of new beach pavilions as defined in § 1.1.2 of this Part;

d.Construction of any new private or public roadway, regardless of length;

e.Construction of any new infrastructure project subject to §§ 1.3.1(F), (H), and (M) of this Part; and

f.Construction of any new subdivisions with six (6) or more lots, any portion of which is within two hundred (200) feet of a shoreline feature.

2.The following modifications to existing projects subject to the jurisdiction of the CRMC must file a coastal hazard analysis with their CRMC application using the “CRMC Coastal Hazard Application Guidance” provided in Chapter 5 of the CRMC Shoreline Change Special Area Management Plan (Beach SAMP):

a.Any expansion of existing commercial structures over tidal waters;

b.Any expansion greater than six hundred (600) square feet to existing residential, commercial, industrial or beach pavilion structures;

c.Second story additions greater than six hundred (600) square feet to any existing residential, commercial, industrial or beach pavilion structures; and

d.Any expansion, including second story additions and decks, to existing residential, commercial, industrial or beach pavilion structures when such structures are located within the CRMC minimum setback specified by § 1.1.9 of this Part.

3.All projects meeting the analysis thresholds established in §§ 1.1.6(I)(1) and (2) of this Part above shall complete the CRMC coastal hazard application worksheet () and provide the following information as part of the application:

a.Identify the project design life (20, 30 50 years, etc.), which is the period of time during which a structure is expected by its designers to be functional within its specified parameters; in other words, the life expectancy of the structure before failure. This period of time is used to establish the appropriate sea level rise (SLR) scenario for analysis;

b.Using Table 1 in Chapter 5 of the Beach SAMP that is based upon the NOAA sea level rise high curve as adopted by the CRMC in § 1.1.10 of this Part determine the SLR projection at the end of the project design life; and

c.Assess the exposure and potential risk from coastal hazards at the project site based upon:

(1)Sea level rise;

(2)Shoreline erosion;

(3)Base flood elevation (BFE) from FEMA flood insurance rate map; and

(4)STORMTOOLS design elevation.

4.All projects meeting the analysis thresholds established in §§ 1.1.6(I)(1) and (2) of this Part above shall provide site plans of the proposed project with the following overlays:

a.Sea level rise analysis showing the corresponding proposed project design life SLR scenario (maximum of 9.61 feet for NOAA high curve by 2100). Applicants should consider evaluating the coastal hazards risk associated with frequent storm events (1, 3 or 10-year storms) combined with minimal sea level rise of 1-2 feet to account for extreme high tide events which can occur any year during the expected project design life;

b.One hundred (100) yr return storm event and the One hundred (100) yr storm event with the corresponding design life SLR scenario;

c.projected erosion rate for structure design life at the project site using the appropriate CRMC shoreline change map; and

d.Sea Level Affecting Marshes Model (SLAMM) for 1, 3 and 5 feet SLR scenarios for large projects and subdivisions only.

5.All projects meeting the analysis thresholds established in §§ 1.1.6(I)(1) and (2) of this Part above shall describe the proposed coastal adaptation techniques incorporated into the project design to overcome or accommodate any coastal hazard exposure risks resulting from the analyses required by § 1.1.6(I) of this Part.

1.1.7Variances

A.Applicants requiring a variance from a standard shall make such request in writing and address the six (6) criteria listed below in writing. The application shall only be granted a variance if the Council finds that the following six (6) criteria are met.

1.The proposed alteration conforms with applicable goals and policies of the Coastal Resources Management Program.

2.The proposed alteration will not result in significant adverse environmental impacts or use conflicts, including but not limited to, taking into account cumulative impacts.

3.Due to conditions at the site in question, the applicable standard(s) cannot be met.

4.The modification requested by the applicant is the minimum variance to the applicable standard(s) necessary to allow a reasonable alteration or use of the site.

5.The requested variance to the applicable standard(s) is not due to any prior action of the applicant or the applicant’s predecessors in title. With respect to subdivisions, the Council will consider the factors as set forth in § 1.1.7(B) of this Part below in determining the prior action of the applicant.

6.Due to the conditions of the site in question, the standard(s) will cause the applicant an undue hardship. In order to receive relief from an undue hardship an applicant must demonstrate inter alia the nature of the hardship and that the hardship is shown to be unique or particular to the site. Mere economic diminution, economic advantage, or inconvenience does not constitute a showing of undue hardship that will support the granting of a variance.

B.In reviewing requests for buffer zone variances for subdivisions of five (5) lots or less, the Council will review on a case-by-case basis the extent to which the prior action of the applicant or its predecessor in title created or caused the need for a variance, whether the applicant has created the need for a variance by the subdivision and whether the subdivision complies with local zoning requirements.

C.Relief from a standard does not remove the applicant's responsibility to comply with all other Program requirements.

D.Prior to requesting approval for a CRMC variance, in those instances where a variance would be obviated if a variance for a setback were acquired from the local municipality, the applicant must first exhaust his remedies before the local municipality.

1.1.8Special Exceptions

A.Special exceptions may be granted to prohibited activities to permit alterations and activities that do not conform to a Council goal for the areas affected or which would otherwise be prohibited by the requirements of this document only if and when the applicant has demonstrated that:

1.The proposed activity serves a compelling public purpose which provides benefits to the public as a whole as opposed to individual or private interests. The activity must be one or more of the following:

a.An activity associated with public infrastructure such as utility, energy, communications, transportation facilities, however, this exception shall not apply to activities proposed on all classes of barriers, barrier islands or spits except as provided in § 1.2.2(C)(4)(i) of this Part;

b.A water-dependent activity or use that generates substantial economic gain to the state; and/or

c.An activity that provides access to the shore for broad segments of the public.

2.All reasonable steps shall be taken to minimize environmental impacts and/or use conflict.

3.There is no reasonable alternative means of, or location for, serving the compelling public purpose cited.

B.Special exceptions may be granted only after proper notice in accordance with R.I. Gen. Laws Chapter 42-35, the Administrative Procedures Act, a public hearing has been held, and the record of that hearing has been considered by the full Council. The Council shall issue a written decision including findings of fact and conclusions upon which the decision to issue a special exception is based.

C.In granting a special exception, the Council shall apply conditions as necessary to promote the objectives of the Program. Such conditions may include, but are not limited to, provisions for:

1.Minimizing adverse impacts of the alteration upon other areas and activities by stipulating the type, intensity, and performance of activities, and the hours of use and operation;

2.Controlling the sequence of development, including when it must be commenced and completed;

3.Controlling the duration of use or development and the time within which any temporary structure must be removed;

4.Assuring satisfactory installation and maintenance of required public improvements;

5.Designating the exact location and nature of development; and

6.Establishing detailed records by submission of drawings, maps, plots, or specifications.

1.1.9Setbacks

A.A setback is the minimum distance from the inland boundary of a coastal feature at which an approved activity or alteration may take place.

B.Setbacks shall be maintained in areas contiguous to coastal beaches, coastal wetlands, coastal cliffs and banks, rocky shores, and existing manmade shorelines, and apply to the following categories of activities and alterations:

1.Filling, removal, or grading, except when part of an approved alteration involving a water dependent use or activity or structure (see § 1.3.1(B) of this Part);

2.Residential buildings and garages excluding associated structures (see § 1.1.6(H) of this Part);

3.New individual sewage disposal systems, sewage treatment plants, and associated sewer facilities excluding outfalls (See § 1.3.1(F) of this Part). Repairs and replacements of existing (permitted) individual sewage disposal systems shall be exempt from the Council's setback requirements;

4.Industrial structures, commercial structures, and public recreation structures that are not water dependent (See § 1.3.1(C) of this Part); and

5.Transportation facilities that are not water dependent (see § 1.3.1(M) of this Part).

6.Any structure as specified in § 1.3.1(G)(1)(e) of this Part.

C.Setbacks will be determined using the rates of change as found on the accompanying Shoreline Change Maps for Watch Hill to the Easternmost Point of Quicksand Beach (Little Compton) abutting Massachusetts. The minimum distance of a setback shall be not less than 30 times the calculated average annual erosion rate for less than four (4) dwelling units and not less than sixty (60) times the calculated average annual erosion rate for commercial, industrial or dwellings of more than four (4) units. At a minimum however, setbacks shall extend either fifty (50) feet from the inland boundary of the coastal feature or twenty-five (25) feet inland of the edge of a Coastal Buffer Zone, whichever is further landward. Due to site conditions over time, field verification of a coastal feature or coastal buffer zone may result in a setback determination different than that calculated using a shoreline change rate.

D.Where the applicant demolishes a structure, any contemporary or subsequent application to rebuild shall meet applicable setback requirements.

E.Applicants for alterations and activities who cannot meet the minimum setback standards may apply to the Council for a variance (see § 1.1.7 of this Part).

F.The setback provisions do not apply to minor modifications or restoration of structures that conform with all other policies and standards of this program.

1.1.10Climate Change and Sea Level Rise

A.Policies

1.The Council will review its policies, plans and regulations to proactively plan for and adapt to climate change and sea level rise. The Council will integrate climate change and sea level rise scenarios into its programs to prepare Rhode Island for these new, evolving conditions and make our coastal areas more resilient.

2.The Council’s sea level rise policies are based upon the CRMC’s legislative mandate to preserve, protect, and where possible, restore the coastal resources of the state through comprehensive and coordinated long-range planning.

3.The Council recognizes that sea level rise is ongoing and its foremost concern is the accelerated rate of rise and the associated risks to Rhode Island coastal areas today and in the future. The Council recognizes that the lower the sea level rise estimate used, the greater the risk that policies and efforts to adapt sea level rise and climate change will prove to be inadequate. Therefore, the policies of the Council may take into account different risk tolerances for differing types of public and private coastal activities. In addition, the Council will regularly review new scientific evidence regarding sea level change.

4.The Council relies upon the most recent NOAA sea level rise data to address both short and long term planning horizons and the design life considerations for public and private infrastructure. The Council’s policy is to adopt and use the most recent sea level change scenarios published by NOAA (currently Technical Report NOS CO-OPS 083 (2017)), and the NOAA sea level rise change curves for Newport and Providence as provided in the U.S. Army Corps of Engineers online sea level rise calculator tool available at: http://corpsclimate.us/ccaceslcurves.cfm. The Council requires the use of the NOAA High scenario curve for projecting sea level rise for future conditions. In addition, the Council adopts and recommends use of the STORMTOOLS online mapping tool developed on behalf of the CRMC by the University of Rhode Island Ocean Engineering program to evaluate the flood extent and inundation from sea level rise and storm surge.

1.1.11Coastal Buffer Zones

A.Prerequisites

1.All applications for which § 1.1.11 of this Part applies shall be initially reviewed by the Executive Director or his designee. The Executive Director may grant a variance for such applications in accordance with this Section, or refer any application to the Council for a hearing if based upon the application a determination is made that the proposed activity warrants a Council hearing.

B.Policies

1.Coastal buffer zones provide multiple uses and multiple benefits to those areas where they are applied (Desbonnet et al 1993). The multiple uses and benefits of coastal buffer zones include:

a.Protection of water quality: Buffer zones along the perimeter of coastal water bodies can be effective in trapping sediments, pollutants (including oil, detergents, pesticides, herbicides, insecticides, wood preservatives and other domestic chemicals), and absorbing nutrients (particularly nitrogen) from surface water runoff and groundwater flow. The effectiveness of vegetated buffers as a best management practice for the control of nonpoint source runoff is dependent upon their ability to reduce the velocity of runoff flow to allow for the deposition of sediments, and the filtration and biological removal of nutrients within the vegetated area. In general, the effectiveness of any vegetated buffer is related to its width, slope, soil type, and resident species of vegetation. Effective buffers for nonpoint source pollution control, which remove at least fifty percent (50%), and up to ninety-nine (99%), of sediments and nutrients entering them, range from fifteen (15) feet to six hundred (600) feet in width. The removal of pollutants can be of particular importance in areas abutting poorly flushed estuaries that are threatened by an excess of nutrients or are contaminated by runoff water, such as the South Shore Salt Ponds and the Narrow River. Large, well flushed water bodies, such as Narragansett Bay, are also susceptible to nonpoint source pollutant inputs, and can be severely impacted by nonpoint source pollutants as has been documented in studies completed for the Narragansett Bay Project.

b.Protection of coastal habitat: Coastal buffer zones provide habitat for native plants and animals. Vegetation within a buffer zone provides cover from predation and climate, and habitat for nesting and feeding by resident and migratory species. Some species which use coastal buffer zones are now relatively uncommon, while others are considered rare, threatened or endangered. These plants and animals are essential to the preservation of Rhode Island's valuable coastal ecosystem. The effectiveness of vegetated buffers as wildlife habitat is dependent upon buffer width and vegetation type. In general, the wider the buffer the greater its value as wildlife habitat. Larger buffer widths are typically needed for species that are more sensitive to disturbances (e.g., noise). Furthermore, those buffers that possess vegetation native to the area provide more valuable habitat for sustaining resident species. A diversity of plant species and types (e.g., grasses, shrubs and trees) promotes biodiversity within the buffer area, and the region overall.

c.Protection of scenic and aesthetic quality: One of the primary goals of the Council is to preserve, protect, and where possible restore the scenic value of the coastal region in order to retain the visual diversity and unique visual character of the Rhode Island coast as seen by hundreds of thousands of residents and tourists each year from boats, bridges, and such vantage points as roadways, public parks, and public beaches (See § 1.3.5 of this Part). Coastal buffer zones enhance and protect Rhode Island's scenic and visual aesthetic resources along the coast. Coastal buffers also preserve the natural character of the shoreline, while mitigating the visual impacts of coastal development. Visual diversity provides for both contrast and relief between the coastal and inland regions, leading to greater aesthetic value of the landscape.

d.Erosion Control: Coastal buffer zones provide a natural transition zone between the open coast, shoreline features and upland development. Natural vegetation within a coastal buffer zone helps to stabilize the soil, reduces the velocity of surface water runoff, reduces erosion of the soil by spreading runoff water over a wide area, and promotes absorption and infiltration through the detrital (leaf) layer and underlying soils. The extensive root zones often associated with buffer zone vegetation also help prevent excessive shoreline erosion during coastal storm events by stabilizing underlying soils.

e.Flood Control: Coastal buffer zones aid in flood control by reducing the velocity of runoff and by encouraging infiltration of precipitation and runoff into the ground rather than allowing runoff to flow overland and flood low lying areas. In addition, coastal buffer zones often occupy the flood plain itself and thus add to coastal flood protection.

f.Protection of historic and archaeological resources: Coastal buffer zones protect areas of cultural and historic importance such as archaeological sites by helping prevent intrusion while protecting the sites' natural surroundings.

2.The establishment of a coastal buffer zone is based upon the CRMC's legislative mandate to preserve, protect and, where possible, restore ecological systems. The determination of the inland boundary of the coastal buffer zone must balance this mandate with the property owner's rights to develop and use the property.

3.The Council shall require coastal buffer zones in accordance with the requirements of this Section for the following:

a.New residential development;

b.Commercial and industrial development;

c.Activities subject to §§ 1.3.1(H) and 1.3.1(M) of this Part; and

dInland activities identified in § 1.3.3 of this Part. For existing residential structures, the Council shall require a coastal buffer zone for Category "A" and "B" activities when the footprint of the structure is expanded fifty percent (50%) or more.

4.The vegetation within a buffer zone must be either retained in a natural, undisturbed condition, or properly managed in accordance with the standards contained in this Section. In cases where native flora (vegetation) does not exist within a buffer zone, the Council may require restoration efforts which include, but are not limited to, replanting the coastal buffer zone with native plant species.

5.Coastal buffer zones shall remain covered with native flora and in an undisturbed state in order to promote the Council's goal of pre-serving, protecting, and restoring ecological systems. However, the Council may permit minor alterations to coastal buffer zones that facilitate the continued enjoyment of Rhode Island's coastal resources. All alterations to coastal buffer zones or alterations to the natural vegetation (i.e., areas not presently maintained in a landscaped condition) within the Council's jurisdiction shall be conducted in accordance with the standards contained in this Section as well as all other applicable policies and standards of the Council. In order to ensure compliance with these requirements, the Council may require applicants to submit a buffer zone management plan.

6.In order to enhance conservation, protect water quality, and maintain the low intensity use characteristic of Type 1 and 2 waters, greater buffer widths shall be applied along the coastline abutting these water types.

7.In critical areas and when the property owner owns adjoining lots, these lots shall be considered as one lot for the purposes of applying the values contained in Table 4 of this Part and ensuring that the appropriate buffer zone is established.

a.Table 4: Coastal buffer zone designations for residential development

Residential lot size‎(square feet)

Required buffer (feet)

CRMC water type‎3, 4, 5, & 6

CRMC water type‎1 & 2

<10,000

15

25

10,000 – 20,000

25

50

20,001 – 40,000

50

75

40,001 – 60,000

75

100

60,001 – 80,000

100

125

80,001 – 200,000

125

150

200,000

150

200

C.Standards

1.All coastal buffer zones shall be measured from the inland edge of the most inland shoreline (coastal) feature. In instances when the coastal feature accounts for fifty percent (50%) or more of the lot, the Council may grant a variance to the required buffer width.

2.Coastal buffer zone requirements for new residential development: The minimum coastal buffer zone requirements for new residential development bordering Rhode Island's shoreline are contained in Table 4 in § 1.1.11(C)(6)(a) of this Part. The coastal buffer zone requirements are based upon the size of the lot and the CRMC's designated water types (Type 1 - Type 6). Where the buffer zone requirements noted above cannot be met, the applicant may request a variance in accordance with § 1.1.7 of this Part. A variance to fifty percent (50%) of the required buffer width may be granted administratively by the Executive Director if the applicant has satisfied the burdens of proof for the granting of a variance. Where it is determined that the applicant has not satisfied the burdens of proof, or the requested variance is in excess of fifty percent (50%) of the required width, the application shall be reviewed by the full Council. Instances where a lot is equal to or less than twenty thousand (20,000) square feet and not located within the watershed of a poorly-flushed estuary, a variance to the required buffer width may be granted by the Executive Director.

3.Coastal buffer zone requirements for alterations to existing structures on residential lots. All calculations for the requirements of a coastal buffer zone shall be made on the basis of structural lot coverage. Structural lot coverage shall mean the total square foot area of the structure(s) on a lot or parcel (ref. § 1.3.1(C) of this Part).

a.Where alterations to an existing structure or structures result in the expansion of the structural lot coverage such that the square footage of the foundation increases by less than fifty percent (50%), no new coastal buffer zone shall be required.

b.Where alterations to an existing structure or structures result in the expansion of the structural lot coverage such that the square footage of the foundation increases by fifty percent (50%)or more, the Coastal Buffer Zone requirement shall be established with a width equal to the percentage increase in the structural lot coverage as of August 8, 1995, multiplied by the value contained in § 1.1.11(C)(6)(a) of this Part (Table 4).

c.Coastal buffer zones shall not be required when a structure is demolished and rebuilt on the existing footprint. Where a structure is demolished and rebuilt and will result in an expansion of the structural lot coverage such that the square footage of the foundation increases by fifty percent (50%) or more, a coastal buffer zone shall be established with a width equal to the percentage increase in a structure’s footprint, multiplied by the value contained in § 1.1.11(C)(7)(a) of this Part (Table 4).

d.Where the applicant demolishes a structure, any contemporary or subsequent application to rebuild shall meet applicable setback requirements.

e.Structures that are less than two hundred (200) square feet in area are excluded from these requirements.

f.In addition, the Executive Director shall have the authority to grant a variance to this requirement for category "A" assents in accordance with the burdens of proof contained in § 1.1.7 of this Part.

4.Coastal buffer zone requirements for all commercial and industrial development and activities subject to the requirements of §§ 1.3.1(H), (M) or 1.3.3 of this Part shall be determined on a case-by-case basis by the Council. § 1.1.11(C)(6)(a) of this Part (Table 4) may be used as appropriate guidance. However, depending on the activity proposed and its potential impacts on coastal resources, the Council may require a coastal buffer zone with a width greater than that found in § 1.1.11(C)(6)(a) of this Part (Table 4).

5.All property abutting critical habitat areas, as defined by the Rhode Island National Heritage Program or the Council, shall possess a minimum vegetated buffer zone of two hundred (200) feet between the identified habitat and any development area. The Executive Director shall have the authority to grant a variance to these requirements in accordance with the burdens of proof contained in § 1.1.7 of this Part.

6.All property abutting coastal natural areas listed in § 1.2.2(E)(3) of this Part shall have a minimum vegetated coastal buffer zone of twenty-five (25) feet from the inland edge of the coastal feature. The Executive Director shall have the authority to grant a variance to these requirements in accordance with the burdens of proof contained in § 1.1.7 of this Part.

7.All property located within the boundaries of a Special Area Management (SAM) Plan approved by the Council shall meet additional buffer zone requirements contained within these SAM plans. When a SAM plan's buffer zone requirements apply, the buffer width values contained in this Section will be compared to those required by the SAM plan, and the larger of the buffer widths applied

8.The setback required by § 1.1.9 of this Part for all new and existing residential, commercial, and industrial structures shall exceed the Coastal Buffer Zone requirement by a minimum of twenty-five (25) feet for fire, safety, and maintenance purposes. Where the twenty-five (25) foot separation distance between the inland edge of the buffer and construction setback cannot be obtained, the applicant may request a variance in accordance with § 1.1.7 of this Part. The Executive Director shall have the authority to grant variances to this requirement. However, a vegetated coastal buffer zone shall not directly contact any dwelling's footprint.

D.Buffer management and maintenance requirements

1.All alterations within established coastal buffer zones or alterations to natural vegetation (i.e., areas not presently maintained in a landscaped condition) within the Council's jurisdiction may be required to submit a buffer zone management plan for the Council's approval that is consistent with the requirements of this Section and the Council's most recent edition of buffer zone management guidance. Buffer zone management plans shall include a description of all proposed alterations and methods of avoiding problem areas such as the proper placement and maintenance of pathways. Applicants should consult the Council's most recent edition of buffer zone management guidance when preparing a buffer management plan.

2.In order to promote the Council's goal to preserve, protect and, where possible, restore ecological systems, coastal buffer zones shall be vegetated with native flora and retained in a natural, undisturbed condition, or shall be properly managed in accordance with Council's most recent edition of buffer zone management guidance. Such management activities compatible with this goal include, but are not limited to:

a.Shoreline access paths: Pathways which provide access to the shoreline are normally considered permissible provided they are less than or equal to six (6) feet wide and follow a path that minimizes erosion and gullying within the buffer zone (e.g., a winding, but direct path). Pathways should avoid, or may be prohibited in, sensitive habitat areas, including, but not limited to, coastal wetlands. Pathways may be vegetated with grasses and mowed or may be surfaced with crushed stone or mulch.

b.View corridors: Selective tree removal and pruning and thinning of natural vegetation may be allowed within a defined corridor in order to promote a view of the shoreline, but shall not exceed more than twenty-five percent (25%) of the length as measured along the shoreline and no more than twenty-five percent (25%) of the total buffer zone area. Only the minimal alteration of vegetation necessary to obtain a view shall be acceptable to the Council. Shoreline access paths shall be located within view corridors to the maximum extent practicable in order to minimize disturbance of coastal buffer zones. View corridors shall be prohibited in sensitive or critical habitat areas.

c.Habitat management: Management of natural vegetation within a buffer zone to enhance wildlife habitat and control nuisance and non-native species of vegetation may be allowed. Homeowner control of pest species of vegetation such as European bittersweet and nuisance species such as poison ivy is normally considered acceptable. However, the indiscriminate use of herbicides or the clear-cutting of vegetation shall be prohibited. The use of fertilizers is generally prohibited within the coastal buffer zone except when used to enhance the replanting of native vegetation (e.g., hydro-seeding) approved by the Council. However, the clearing or outright elimination of natural vegetation for such purposes as controlling ticks or pollen shall not be permitted.

d.Safety and welfare: Selective tree removal, pruning and thinning of natural vegetation within a coastal buffer zone may be allowed by the Council on a case-by-case basis for proven safety and welfare concerns (e.g., removal of a damaged tree in close proximity to a dwelling). In order to promote child safety and manage pets in areas harboring ticks, fences along the inland edge of a coastal buffer zone and along shoreline access pathways may be permitted.

e.Shoreline recreation: The CRMC recognizes that shoreline recreation is one of the predominant attractions for living on, or visiting the Rhode Island coast. In order to allow for such uses, minor alterations of buffer zones may be permitted along the shoreline if they are determined to be consistent with Council's requirements. These alterations may include maintaining a small clearing along the shore for picnic tables, benches, and recreational craft (e.g., dinghies, canoes, day sailboats, etc.). Additionally, the CRMC may allow small, non-habitable structures including storage sheds, boat houses and gazebos within coastal buffer zones, where appropriate. However, these structures may be prohibited in sensitive or critical habitat areas. Due to the potential for these structures to impact values provided by coastal buffer zones, the Council shall exercise significant discretion in this area.

f.All proposals for coastal buffer zone management should involve minor alterations which do not depreciate the values and functions of coastal buffer zones as specified in § 1.1.11 of this Part. No more than twenty-five percent (25%) of the total buffer zone area shall be affected by the management options provided in section B of the CRMC “CRMC Coastal Buffer Zone Management Guidance.” Areas to remain unaltered shall be clearly identified on the proposed plans. Furthermore, when invasive species management is also being conducted, the buffer zone area managed under section B must be included within the total area allowed for management in section D of the “CRMC Coastal Buffer Zone Management Guidance.”

E.Prohibitions

1.Establishment or maintenance of shoreline access pathways is prohibited on coastal wetlands and where inappropriate on coastal features as determined by the CRMC.

1.1.12Fees

A.R.I. Gen. Laws § 46-23-6(4)(iii) authorizes the Council to "grant licenses, permits, and easements for the use of Coastal Resources, which are held in trust by the state for all its citizens, and impose fees for private use of such resources."

B.The Council requires fees for land created by the filling of tidal waters and the long term (dead) storage of vessels. Factors to be considered in establishing the fee include:

1.The degree of preemption associated with the activity or alteration involved;

2.The degree of irreversibility associated with the activity or alteration;

3.The value of opportunities for other activities lost to the public as the result of the activity; and

4.The economic return to the applicant resulting from pursuing the activity of making the permitted alterations.

C.Payments required by the fee shall be determined by the Council upon the completion of a professional appraisal based on the criteria listed above. The Assent recipient shall bear the cost of the appraisal.

D.Where public access is provided, the fee may be reduced by Council. In considering the reduction of fees, the Council shall determine the amount of public access, the potential use by the public of this public access, and any other relevant considerations.

E.A Council Assent for aquaculture activities within tidal waters and coastal ponds excluding seasonally deployed aquaculture apparatus such as spat collectors and experimental gear sites, as approved by the council, may include a lease for the approved site.

1.The annual lease fee is seventy-five ($75.00) for half an acre or less, one hundred and fifty dollars ($150.00) for a half to one acre, and one hundred dollars ($100.00) for each additional acre. Annual lease fees are payable in full, in advance, on the first business day in the month of January of each year during the Assent period. Any assignment or sublease of the whole or any portion of a leased area shall constitute a breach of the lease and be cause for termination of the lease, unless such assignment or subletting has received the prior approval of the Council.

2.In the event a lease holder fails to make full payment of the annual lease fee within the time period established within the lease, for each rental year, the lease agreement shall be terminated, and all Assents and authorities granted shall be revoked. In the event the leased area is not actively used for a period of one year, the lease shall be terminated and the Assent shall be revoked. Lease holders shall be notified sixty (60) days prior to such revocation and may appeal the revocation to the full Council.

3.Persons wishing to deploy small scale seasonal apparatus such as spat collectors or experimental aquaculture gear, shall apply for a Council Assent and may, at the discretion of the full Council be charged a lease fee.

F.Whenever the Council receives an application for assent or modification of an assent for an activity or alteration which has already occurred, or has been constructed or partially constructed, the Council may charge an administrative fee, in addition to any other fees required by the Council which shall be assessed at the time the Council grants an assent. The Council shall assess the administrative fee taking into account the additional demand on Council resources, and/or any adverse impacts to the coastal environment and/or the adjacent waterway. This shall not be construed to, and in no way shall, prohibit the Council from seeking any other remedies it deems appropriate.

1.1.13Violations and Enforcement Actions

A.R.I. Gen. Laws Chapter 46-23 sets out the Council’s authorities for enforcement.

B.Whenever a member of the staff or a Coastal Resources Management Council Member witnesses a violation of the CRMC Plan or Assent, that individual is hereby authorized to issue a warning to the person violating the Plan on a form approved by the CRMC and a report of that warning shall be delivered by the staff or Council member to the Executive Director upon issuance.

C.In determining the amount of each administrative penalty, assessed in accordance with authorities established in § 1.1.13(A) of this Part Chairperson, Executive Director or their designee shall consider the following:

1.The actual or potential impact on public health, safety and welfare and the environment of the failure to comply;

2.The actual or potential damages suffered, and actual or potential costs incurred, by the Council, or by any other person;

3.Whether the person being assessed the administrative penalty took steps to prevent noncompliance, to promptly come into compliance and to remedy and mitigate whatever harm might have been done as a result of such noncompliance;

4.Whether the person being assessed the administrative penalty has previously failed to comply with any rule, regulation, order, permit, license or approval issued or adopted by the CRMC, or any law which the CRMC has the authority or the responsibility to enforce;

5.Making compliance less costly than noncompliance;

6.Deterring future noncompliance;

7.The amount necessary to eliminate the economic advantage of noncompliance including but not limited to the financial advantage acquired over competitors from the noncompliance;

8.Whether the failure to comply was intentional, willful or knowing and not the result of error;

9.Any amount specified by state and/or federal statute for a similar violation or failure to comply;

10.Any other factor(s) that may be relevant in determining the amount of a penalty, provided that the other factors shall be set forth in the written notice of assessment of the penalty; and

11.The public interest.

D.The Chairperson, the Executive Director or their designee shall consider the most recent version of the Administrative Penalty Matrix established in the Management Procedures § 10-00-1.4.15.

1.1.14Emergency Assents

A.Catastrophic Storms Assent

1.The Executive Director may grant an Emergency Assent when catastrophic storms, flooding, and/or erosion has occurred at a site under Council jurisdiction, and where, if immediate action is not taken, the existing conditions may cause one or more of the following:

a.Immediate threat to public health and safety; and

b.Immediate and significant adverse environmental impacts.

2.These Emergency Assents may permit only such action at the site that will correct conditions in §§ 1.1.14(A)(1)(a) and (b) of this Part in a manner consistent with the policies of the Program.

B.Imminent Peril Assent

1.The Executive Director, may grant an Emergency Assent in circumstances where they determine that there is imminent peril and where, if immediate action is not taken, the existing conditions may cause one or more of the following:

a.Bodily harm or a threat to public health;

b.Significant adverse environmental impacts; or

c.Significant economic loss to the State.

2.The reasons for these findings shall be documented and available as a public record.

C.Post Hurricane and Storm Permitting Procedures

1.It shall be the policy of the Council to establish emergency procedures for the issuance of assents in the event of the following:

a.A hurricane, severe storm or other disaster has caused severe and widespread damage in portions of CRMC jurisdiction; and

b.The Governor has submitted a formal request to the President to declare areas within CRMC jurisdiction a major disaster area; and

c.The Executive Director of the CRMC determines the probable number of applications for CRMC assents resulting directly from the disaster will cause significant delays in the orderly processing of assents and, thereby impose an undue hardship on disaster victims and other applicants; and

d.The CRMC shall provide adequate public notice of its decisions to impose emergency procedures.

2.The Council encourages other state agencies and each coastal community to adopt emergency permitting procedures equivalent to those of the CRMC in order to speed appropriate reconstruction and minimize adverse economic and environmental impacts.

3.The Council shall impose a temporary moratorium to remain in effect for a maximum of ninety (90) days from the disaster declaration, but may be extended for good cause shown. The purpose of the moratorium shall be to provide the Council and affected coastal communities with adequate time to assess damages, determine changes in natural features that may change vulnerability to damage, and identify mitigation opportunities. The temporary moratorium shall apply to the following:

a.Applications for new alterations and activities requiring Council Assent, which do not result from the disaster.

b.Reconstruction of all residential and associated residential structures, commercial and recreational structures in both A zone and V zone that were destroyed fifty percent (50%) or more by storm induced flood, wave and wind damage.

4.During the moratorium, priority consideration will be given to necessary and/or emergency alterations, reconstruction, or replacement of essential public facilities, such as roads, bridges, and public utilities. The Council recognizes that a major hurricane or other storm events may severely damage or destroy infrastructure and utilities such as roads, bridges, water and sewer lines located in high hazard areas. When such damage occurs, the Council shall review alterations or reconstruction options which may lessen or mitigate the probability of future recurrent damage.

5.During the moratorium the Executive Director of the Council shall solicit the recommendations of the Rhode Island Department of Environmental Management and the local municipalities for the purchase of open space or other mitigative responses in high damage areas and make a policy decision about re-permitting according to best available options for hurricane mitigation.

6.Procedures and priorities for addressing post storm reconstruction applications after the moratorium are as follows:

a.Priority will be given to consideration of applications for reconstruction of structures which were physically damaged or destroyed fifty percent (50%) or more by storm induced flooding, wave or wind damage;

b.Applicants for repair or reconstruction in A, B, or C flood zones, as delineated on the FEMA maps, may follow the procedures in § 1.3.1(N) of this Part (Maintenance);

c.Final priority will be given to any application for new alterations and activities unrelated to the disaster; and

d.If the Executive Director determines that a large number of post storm applications will be received, and that the normal processing will result in an undue burden or hardship to storm victims, and the Executive Director determines there is no overriding programmatic policy or goal to be served by holding a group of applications, then the Executive Director may, in specific instances, waive the requirements of a new Assent for structures physically destroyed fifty percent (50%) or more by storm induced flood, wave and wind damage, and allow for Emergency Permits to be issued.

History

• Amendment — effective from 2024-11-24 to current
• Technical Revision — effective from 2022-01-04 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2020-05-13 to 01/04/2022
• Technical Revision — effective from 2018-12-16 to 05/13/2020
• Technical Revision — effective from 2018-12-16 to 12/16/2018
• Amendment — effective from 2018-12-16 to 12/16/2018
• Technical Revision — effective from 2017-11-29 to 12/16/2018
• Amendment — effective from 2017-11-29 to 11/29/2017
• Amendment — effective from 2016-05-26 to 11/29/2017
• Amendment — effective from 2016-02-22 to 05/26/2016
• Technical Revision — effective from 2015-03-03 to 02/22/2016
• Amendment — effective from 2015-03-03 to 03/03/2015
• Amendment — effective from 2014-09-24 to 03/03/2015
• Amendment — effective from 2013-11-19 to 09/24/2014
• Amendment — effective from 2013-10-31 to 11/19/2013
• Technical Revision — effective from 2013-09-05 to 10/31/2013
• Amendment — effective from 2013-08-15 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2012-12-26 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-08-16 to 06/13/2013
• Amendment — effective from 2012-08-16 to 09/05/2013
• Amendment — effective from 2012-07-22 to 09/05/2013
• Amendment — effective from 2012-04-09 to 10/07/2012
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2011-11-23 to 10/07/2012
• Amendment — effective from 2011-06-13 to 08/16/2012
• Amendment — effective from 2011-05-16 to 03/08/2012
• Amendment — effective from 2011-05-16 to 09/05/2013
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 06/13/2011
• Amendment — effective from 2011-01-18 to 05/16/2011
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 12/26/2012
• Amendment — effective from 2011-01-06 to 05/16/2011
• Amendment — effective from 2009-12-22 to 09/05/2013
• Amendment — effective from 2009-11-17 to 01/18/2011
• Amendment — effective from 2009-11-17 to 09/05/2013
• Amendment — effective from 2009-08-09 to 09/05/2013
• Amendment — effective from 2008-12-04 to 09/05/2013
• Amendment — effective from 2008-11-23 to 08/09/2009
• Technical Revision — effective from 2008-10-22 to 11/23/2011
• Amendment — effective from 2008-10-22 to 10/22/2008
• Amendment — effective from 2008-08-21 to 09/05/2013
• Amendment — effective from 2008-08-21 to 11/17/2009
• Amendment — effective from 2008-05-19 to 11/17/2009
• Technical Revision — effective from 2008-02-11 to 06/13/2013
• Technical Revision — effective from 2008-02-11 to 02/11/2008
• Adoption — effective from 2008-02-11 to 02/11/2008
• Amendment — effective from 2008-02-11 to 08/21/2008
• Amendment — effective from 2008-02-11 to 12/29/2010
• Technical Revision — effective from 2007-10-18 to 08/15/2013
• Amendment — effective from 2007-10-18 to 10/18/2007
• Amendment — effective from 2007-10-18 to 09/05/2013
• Amendment — effective from 2007-10-18 to 05/19/2008
• Amendment — effective from 2007-09-26 to 09/05/2013
• Technical Revision — effective from 2007-06-19 to 09/05/2013
• Amendment — effective from 2007-06-19 to 06/19/2007
• Technical Revision — effective from 2007-06-18 to 09/05/2013
• Technical Revision — effective from 2007-05-30 to 10/22/2008
• Amendment — effective from 2007-05-23 to 05/30/2007
• Amendment — effective from 2007-05-22 to 06/18/2007
• Amendment — effective from 2007-05-22 to 04/09/2012
• Amendment — effective from 2007-05-22 to 09/05/2013
• Amendment — effective from 2007-02-14 to 12/22/2009
• Amendment — effective from 2007-01-10 to 10/18/2007
• Amendment — effective from 2006-12-11 to 01/18/2011
• Amendment — effective from 2006-11-06 to 05/23/2007
• Amendment — effective from 2006-06-19 to 11/06/2006
• Amendment — effective from 2006-03-08 to 08/16/2012
• Amendment — effective from 2006-03-05 to 09/05/2013
• Amendment — effective from 2006-03-05 to 02/14/2007
• Amendment — effective from 2006-03-05 to 01/10/2007
• Amendment — effective from 2006-02-20 to 09/05/2013
• Amendment — effective from 2005-12-27 to 02/11/2008
• Amendment — effective from 2005-11-24 to 10/18/2007
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-11-02 to 10/18/2007
• Amendment — effective from 2005-04-18 to 06/19/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2005-01-17 to 04/18/2005
• Amendment — effective from 2005-01-17 to 01/06/2011
• Amendment — effective from 2004-11-29 to 11/24/2005
• Amendment — effective from 2004-11-03 to 09/05/2013
• Amendment — effective from 2004-09-09 to 03/08/2012
• Amendment — effective from 2004-07-15 to 11/29/2004
• Amendment — effective from 2004-07-11 to 12/11/2006
• Amendment — effective from 2004-06-14 to 09/05/2013
• Amendment — effective from 2004-06-14 to 01/17/2005
• Technical Revision — effective from 2003-10-19 to 09/05/2013
• Periodic Refile — effective from 2003-10-19 to 10/19/2003
• Technical Revision — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/19/2007
• Periodic Refile — effective from 2003-10-09 to 07/15/2004
• Periodic Refile — effective from 2003-10-09 to 08/21/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 09/26/2007
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 12/04/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/11/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/22/2012
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 11/23/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 11/03/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 12/27/2005
• Periodic Refile — effective from 2003-10-09 to 03/08/2006
• Periodic Refile — effective from 2003-10-09 to 10/09/2003
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 02/11/2008
• Periodic Refile — effective from 2003-10-09 to 09/09/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2005
• Periodic Refile — effective from 2003-10-09 to 11/02/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-07-18 to 11/07/2002
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-02-04 to 10/09/2003
• Periodic Refile — effective from 2002-01-02 to 10/19/2003

650-RICR-20-00-1 § 1.2 Areas Under Council Jurisdiction

1.2.1Tidal and Coastal Pond Waters

A.The six categories of waters defined in this Program are directly linked to the characteristics of the shoreline, since the activities on the adjacent mainland are the primary determinant of the uses and qualities of any specific water site. Thus, Type 1 waters abut shorelines in a natural undisturbed condition, where alterations, including the construction of docks and any dredging, are considered by the Council as unsuitable. Type 2 waters are adjacent to predominantly residential areas, where docks are acceptable, but more intense forms of development, including more marinas and new dredging projects (but not maintenance dredging), would change the area's character and alter the established balance among uses. Alterations such as these would bring more intensive uses and are therefore prohibited in Type 2 waters. The waters along some seventy percent (70%) of the state's four hundred twenty (420) miles of shoreline have been assigned to Type 1 and Type 2, and should be expected to retain their high scenic values and established patterns of low intensity use. Type 3 waters are dominated by commercial facilities that support recreational boating. Here, marinas, boatyards, and associated businesses take priority over other uses, and dredging and shoreline alterations are to be expected. Type 4 areas include the open waters of the Bay and the Sounds, where a balance must be maintained among fishing, recreational boating, and commercial traffic. Here high water quality and a healthy ecosystem are primary concerns. The last two water use categories are assigned to areas adjacent to ports and industrial waterfronts. In these waters, maintenance of adequate water depths is essential, high water quality is seldom achievable, and some filling may be desirable. Within Type 5 ports, a mix of commercial and recreational activities must coexist, while in Type 6 waters, water dependent industrial and commercial activities take precedence over all other activities. The water categories described in this Section are complemented by policies for shoreline types (§ 1.2.2 of this Part), and the two must be combined to identify the Program's policies for a specific coastal site.

B.Type 1 Conservation Areas

1.Included in this category are one or more of the following:

a.Water areas that are within or adjacent to the boundaries of designated wildlife refuges and conservation areas;

b.Water areas that have retained natural habitat or maintain scenic values of unique or unusual significance; and

c.Water areas that are particularly unsuitable for structures due to their exposure to severe wave action, flooding, and erosion.

2.Policies

a.The Council's goal is to preserve and protect Type 1 waters from activities and uses that have the potential to degrade scenic, wildlife, and plant habitat values, or which may adversely impact water quality or natural shoreline types.

b.The mooring of houseboats and floating businesses, the construction of recreational boating facilities, filling below mean high water, point discharge of substances other than properly treated runoff water (see § 1.3.1(F) of this Part), and the placement of industrial or commercial structures or operations (excluding fishing and aquaculture) are all prohibited in Type 1 waters.

c.In Type 1 waters, activities and alterations including dredging, dredged materials disposal, and grading and excavation on abutting shoreline features are all prohibited unless the primary purpose of the alteration or activity is to preserve or enhance the area as a natural habitat for native plants and wildlife or a beach renourishment/ replenishment project. Structural shoreline protection facilities shall not be permitted to preserve or enhance these areas as a natural habitat or to protect the shoreline feature.

d.Notwithstanding the Council's prohibition against construction of recreational boating facilities in Type 1 Waters, the Council recognizes that some residential boating facilities may have preexisted in Type 1 Waters prior to the formation of the Council. The Council's ultimate goal is to remove said structures and restore the areas involved to be free of all recreational boating facilities. Although recreational boating facilities are inconsistent with the Council's goals for Type 1 Waters, and in order to provide for the equitable transition and compliance with the Council's goals, preexisting residential boating facilities may be permitted under the limited terms and conditions set forth in § 1.3.1(D) of this Part.

e.Since runoff can be a major source of pollutants from developed areas, new or enlarged point discharges of untreated runoff shall be permitted in Type 1 waters only when it is demonstrated that no reasonable alternative exists and that no significant adverse impact to the receiving waters will result. The cumulative impacts of runoff are of particular concern in Type 1 waters.

f.Applicants for Council Assents for alterations or activities in or contiguous to Type 1 waters shall describe the measures taken to mitigate impacts on the scenic quality of the area (see § 1.3.5 of this Part).

g.Activities and alterations subject to Council jurisdiction contiguous to public parks, public beaches, public rights of way to the shore, and conservation areas abutting Type 1 waters shall not significantly interfere with public use and enjoyment of such facilities. Where significant interference is found, the Council shall suitably modify or prohibit that alteration or activity.

C.Type 2 Low Intensity Use

1.This category includes waters in areas with high scenic value that support low intensity recreational and residential uses. These waters include seasonal mooring areas where good water quality and fish and wildlife habitat are maintained.

2.Policies

a.The Council's goal is to maintain and, where possible, restore the high scenic value, water quality, and natural habitat values of these areas, while providing for low intensity uses that will not detract from these values.

b.New or deepened dredged channels and basins; new or deepened dredged channels and basins at existing marinas that result in an expansion greater than twenty-five percent (25%) of their capacity; new marinas and expansion of preexisting marinas in excess of twenty-five percent (25%) of their capacity; the mooring of houseboats and floating businesses; industrial and commercial structures and operations (excluding fishing and aquaculture); and filling are all prohibited in Type 2 waters.

c.The Council's intent for preexisting marina operations located in Type 2 Waters is to allow for their continued maintenance and viability as such operations. Maintenance dredging, dock reconfigurations, activities such as travel lift operations and other best available technologies, and other ancillary activities necessary to maintain the operational viability of the facility, should be expected to occur at preexisting marina operations in these waters. Structural shoreline protection facilities should not be prohibited. Such allowances will only be instituted at marina facilities with approved marina perimeters and will be reviewed in accordance with applicable standards of § 1.3.1(D) of this Part. In order to be eligible for this policy, applications for marina perimeters must be submitted to the CRMC by April 1, 1994. Current capacities of preexisting marinas, as found in CRMC approved special area management plans, and similar management plans, should be recognized and no attempt should be made to require these preexisting marinas to meet their capacities as of January 1981.

d.Residential boating facilities, public launching ramps, and structural shoreline protection facilities may be permitted in Type 2 waters, provided it can be demonstrated that there will be no significant adverse impact to coastal resources, water dependent uses or public's use and enjoyment of the shoreline and tidal waters of the State. It is the Council's policy that one or more of the following conditions describe a situation, condition, or proposal that is deemed to have a significant adverse effect on Rhode Island's coastal resources and therefore is grounds for denial or modification of an application for an Assent:

(1)The construction of the proposed facility may cause significant impacts on coastal wetlands and other public trust resources (e.g. shellfish, finfish, submerged aquatic vegetation, etc.);

(2)Access to the construction site is not available without causing significant impacts to Rhode Island's coastal resources (e.g. coastal wetlands);

(3)The proposed facility would significantly interfere with and/or impact other public trust uses of the tidal or inter-tidal areas of the shoreline (e.g. interfere with navigation); or

(4)Water depths adjacent to the site would require dock span lengths in excess of the standards contained in § 1.3.1(D) of this Part in order to allow normal and appropriate use of the dock by a vessel.

e.Applicants for Council Assents for alterations or activities in Type 2 waters shall describe the measures taken to mitigate impacts on the scenic quality of the area (see § 1.3.5 of this Part).

f.Since runoff can be a major source of pollutants from developed areas to poorly flushed estuaries, new or enlarged discharges shall be permitted into the following Type 2 waters only when it is demonstrated that no reasonable alternative exists and that no significant adverse impact to the receiving waters will result:

(1)Winnapaug Pond

(2)Quonochontaug Pond

(3)Ninigret Pond (Charlestown Pond)

(4)Green Hill Pond

(5)Potters Pond

(6)Point Judith Pond

(7)Nannaquaket Pond

(8)Palmer River

(9)Kickemuit River

(10)Fishing Cove (Wickford)

(11)Pettaquamscutt River

g.Activities and alterations subject to Council jurisdiction contiguous to public parks, public beaches, public rights-of-way to the shore and conservation areas abutting Type 2 waters shall not significantly interfere with public use and enjoyment of such facilities. Where significant interference is found, the Council shall suitably modify or deny that alteration or activity.

D.Type 3 High Intensity Boating

1.This category includes intensely utilized water areas where recreational boating activities dominate and where the adjacent shorelines are developed as marinas, boatyards, and associated water enhanced and water dependent businesses.

2.Areas suitable for marinas are severely limited, and the steady growth in the number of recreational boats is increasing the competition for the available facilities. Unfortunately, sheltered waters suitable for marinas are limited, and most of the remaining potential sites contain salt marshes that could only be developed at great environ-mental as well as high economic costs. Persons proposing new marinas are also hampered by local zoning and high land costs, and neighborhood opposition is frequently vociferous. The solution to growing demand is therefore to use the available facilities more efficiently and to recycle already altered sites in the upper Bay and on excessed Navy holdings, such as Allens Harbor in North Kingstown and along the Aquidneck west shore.

3.Type 3 waters and the adjacent shoreline, while utilized intensely for the needs of the recreational boating public, nevertheless retain numerous natural assets of special concern to the Council. These include coastal wetlands, and the value these areas provide as fish and shellfish spawning and juvenile rearing grounds. These factors must be weighed when the Council considers proposals that may impact these assets.

4.Policies

a.The Council's goal is to preserve, protect, and, where possible, enhance Type 3 areas for high intensity boating and the services that support this activity. Other activities and alterations will be permitted to the extent that they do not significantly interfere with recreational boating activities or values.

b.The highest priority uses of Type 3 waters and adjoining land areas within the Council jurisdiction are:

(1)Marinas, mooring areas, public launching ramps, and other facilities that support recreational boating and enhance public access to tidal waters; and

(2)Boatyards and other businesses that service recreational boaters.

c.The Council encourages marinas to seek innovative solutions to increased demands for moorings, dockage, and storage space, and allows marina operators to alter the layout of their facilities (see § 1.3.1(D) of this Part).

d.The Council shall encourage more and improved public launching facilities by protecting existing facilities from interference by other uses subject to Council jurisdiction, identifying appropriate sites for new ramps and parking areas, and working with other agencies to build new ramps and maintain existing facilities.

E.Type 4 Multipurpose Waters

1.This category includes:

a.Large expanses of open water in Narragansett Bay and the Sounds which support a variety of commercial and recreational activities while maintaining good value as a fish and wildlife habitat; and

b.Open waters adjacent to shorelines that could support water dependent commercial, industrial, and/or high intensity recreational activities.

2.Polices

a.The Council's goal is to maintain a balance among the diverse activities that must coexist in Type 4 waters. The changing characteristics of traditional activities and the development of new water dependent uses shall, where possible, be accommodated in keeping with the principle that the Council shall work to preserve and restore ecological systems.

b.The Council recognizes that large portions of Type 4 waters include important fishing grounds and fishery habitats, and shall protect such areas from alterations and activities that threaten the vitality of Rhode Island fisheries.

c.Aquaculture leases shall be considered if the Council is satisfied there will be no significant adverse impacts on the traditional fishery.

d.The Council shall work to promote the maintenance of good water quality within the Bay. While recognizing that stresses on water quality will always be present in urban areas such as the Providence River, the Council shall work to promote a diversification of activities within the upper Bay region through the water quality improvement process.

F.Type 5 commercial and recreational harbors

1.These waters are adjacent to waterfront areas that support a variety of tourist, recreational, and commercial activities. They include all or portions of the following harbor areas:

a.Newport Harbor

b.Bristol Harbor

c.Warren waterfront

d.Wickford Harbor

e.Old Harbor, Block Island

f.East Greenwich Harbor

g.Watch Hill Harbor

2.Policies

a.The Council's goals are to maintain a balance among diverse port related activities, including recreational boating, commercial fishing, restaurants, and other water enhanced businesses; to promote the efficient use of space; and to protect the scenic characteristics that make these areas valuable to tourism.

b.The highest priority uses of Type 5 waters and adjoining land areas within Council jurisdiction are:

(1)Berthing, mooring, and servicing of recreational craft, commercial fishing vessels, and ferries;

(2)Water dependent and water enhanced commerce, including businesses catering to tourists;

(3)Maintenance of navigational channels and berths, and removal of obstructions to navigation; and

(4)Activities that maintain or enhance water quality and scenic qualities, including the preservation of historic features.

(AA)The Council shall suitably modify or prohibit activities that significantly detract from or interfere with these priority uses.

c.Applicants for Council Assents for alterations or activities in Type 5 waters shall describe measures taken to mitigate impacts on the scenic quality of the area (see § 1.3.5 of this Part).

G.Type 6 industrial waterfronts and commercial navigation channels

1.These water areas are extensively altered in order to accommodate commercial and industrial water dependent and water enhanced activities. They include all or portions of the following areas:

a.Port of Providence

b.Tiverton shipping area

c.Quonset Point and Davisville

d.Coddington Cove

e.Melville

f.Galilee and Jerusalem

g.Westerly waterfront

2.Policies

a.The Council's goals for Type 6 waters and adjacent lands under Council jurisdiction are to encourage and support modernization and increased commercial activity related to shipping and commercial fisheries.

b.Highest priority uses of Type 6 waters and adjacent lands under Council jurisdiction are:

(1)Berthing, loading and unloading, and servicing of commercial vessels;

(2)Construction and maintenance of port facilities, navigation channels, and berths; and

(3)Construction and maintenance of facilities required for the support of commercial shipping and fishing activities.

(AA)The Council shall prohibit activities that substantially detract from or interfere with these priority uses.

c.The Council will encourage and support port development and modernization and increased economic activity in the marine industries by participating wherever possible in the joint long range planning and development activities with other state and local agencies, including the R.I. Port Authority, the Department of Environmental Management, and coastal cities and towns.

d.Through its Special Area Management Plan for Providence Harbor, and other planning initiatives, the Council will identify and designate acceptable disposal solutions and sites adequate to meet the need for dredging, and provide the assurances required by industry that channel depths will be maintained, while minimizing environmental effects. The solutions may be more costly than older disposal practices, and may involve innovative technology. The Council will also work in cooperation with the Cities of Providence and East Providence and the Corps of Engineers toward achieving the removal of dilapidated piers and abandoned barges, which presently preclude economic use of large areas within Providence Harbor.

1.2.2Shoreline Features

A.Coastal Beaches

1.Policies

a.The Council's goals are:

(1)To preserve the qualities of, and public access to those beaches which are an important recreational resource (adjacent to Type 1 and 2 waters);

(2)To prevent activities that will significantly disrupt longshore and/or onshore offshore beach processes, thereby creating an erosion or flooding hazard; and,

(3)To prevent construction in high hazard areas; and

(4)To protect the scenic and ecologic value of beaches.

b.Alterations to beaches adjacent to Type 1 and Type 2 waters are prohibited except where the primary purpose of the project is to preserve or enhance the area as a natural habitat for native plants and wildlife. In no case shall structural shoreline protection facilities be used to preserve or enhance these areas as a natural habitat or to protect the shoreline feature.

c.Alterations to beaches adjacent to Type 3, 4, 5, and 6 waters may be permitted if:

(1)The alteration is undertaken to accommodate a designated priority use for the abutting water area;

(2)The applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable;

(3)Only the minimum alteration necessary to support the designated priority use is made;

(4)There is no change in the usage of the property;

(5)There is no change in the footprint of existing structures; and

(6)The construction will meet all current and applicable policies, standards, and requirements of the RICRMP.

d.Vehicular use of beaches where not otherwise prohibited or restricted by property owners or by private or public management programs is permitted only under the following conditions:

(1)Motorcycles, minibikes, snowmobiles, all terrain motorized cycles and tricycles are prohibited except for authorized management related vehicles.

(2)A Coastal Resources Management Council annually renewable use permit is required for all vehicles. Such permits may be obtained for a fee subject to the following requirements and conditions of §§ 1.2.1(B)(2)(d)(3) through (12) of this Part. In the event these requirements and conditions are not met, the use permit shall be subject to revocation by the Council or its agents.

(3)Vehicles shall have all documentation and registration necessary for operation on the public highways of this state.

(4)All permit applicants shall exhibit proof of current liability insurance coverage.

(5)All persons operating said vehicles shall have valid operator licenses.

(6)Maximum speed on all beaches shall not exceed ten (10) mph. Maximum speed on beaches shall not exceed five (5) mph when approaching pedestrians.

(7)Ruts or holes caused by vehicles shall be filled and debris removed.

(8)Headlights shall be used by all vehicles while in motion between sunset and sunrise.

(9)Riding on or driving from any position outside the vehicles is prohibited.

(10)Vehicles are prohibited on swimming beaches during the period they are protected by lifeguards and in operation.

(11)Vehicles shall be at all times subject to town ordinances and all regulations restricting the use of private, state and federal properties.

(12)Vehicles are prohibited from entering areas which have been closed through signage and/or roped-off for the protection of beach nesting bird species including Federally-protected Piping Plover and State listed Least Tern. Such closures may occur on a temporary basis from April through August and are established on an as-needed basis by the US Fish and Wildlife Service based on nesting activity in the area. Information regarding such closures may be obtained by calling the US Fish and Wildlife Service at (401) 364-9124 or the CRMC at (401) 783-3370. Vehicles are also prohibited from entering areas closed though signage and/or roped-off to promote dune restoration, invasive species control and dune or beach re-vegetation efforts.

(13)The Council requires, for the operator's safety and benefit, that every vehicle operated on a beach be four-wheel (4x4) drive and carry the following equipment in good working order listed in §§ 1.2.1(B)(2)(d)((14)) through ((23)) of this Part:

(14)Shovel (heavy duty or military entrenching tool);

(15)Tow rope or chain (15 feet, load strength of 1,800 lbs., chain size 5/16");

(16)Jack and support stand (minimum 18" x 18" x 5/8", plywood);

(17)Street legal tires (4 ply tread, 2 ply sidewalls) snow or mud tires are not recommended;

(18)Spare tire;

(19)Low pressure tire gauge (0 20 lbs.);

(20)First aid kit;

(21)Fire extinguisher;

(22)Appropriate emergency signal devices and/or two-way radio; and

(23)Flashlight.

2.Prohibitions

a.The construction of new structures other than access ways, walkover structures, and beach facilities, are prohibited in setback areas.

b.The use of plastic snow fencing is prohibited due to the hazards presented to fish, marine mammals, and other wildlife in the aftermath of a storm event.

c.Alterations to beaches adjacent to Type 1 and Type 2 waters are prohibited except where the primary purpose of the project is to preserve or enhance the area as a natural habitat for native plants and wildlife.

B.Barrier Islands and Spits

1.Policies

a.On barriers classified as undeveloped in Table 5 in § 1.2.2(B)(3) of this Part, the Council’s goal is to preserve, protect, and where possible, restore these features as conservation areas and as buffers that protect salt ponds and the mainland from storms and hurricanes.

b.On barriers classified as developed in Table 5 in § 1.2.2(B)(3) of this Part, the Council’s goal is to ensure that the risks of storm damage and erosion for the people inhabiting these features are minimized, that activities that may reduce the effectiveness of the barrier as a storm buffer are avoided, and that associated wetlands and ponds are protected.

c.On Barriers classified as Moderately developed in Table 5 in § 1.2.2(B)(3) of this Part, the following policies shall apply:

(1)New development is prohibited on Moderately Developed Barriers except where the primary purpose of the project is restoration, protection or improvement of the feature as a natural habitat for plants and wildlife or as allowed under § 1.2.2(B)(1)(c) of this Part;

(2)Existing roads, bridges, utilities and shoreline protection facilities may be maintained only, in accordance with the requirements of § 1.3.1(N) of this Part;

(3)Existing recreational structures may be altered, rehabilitated, expanded or developed according to the following standards:

(AA)Any expansion of or development activities associated with existing recreational structures shall not occur within or extend into any flood zone designated as V on the most current FEMA Flood Insurance Rate Maps, or as established by the Federal Emergency Management Agency;

(BB)All activity shall be confined to the existing footprint of disturbance; for the purposes of this Section, the footprint of disturbance shall be defined as that area encompassed by the perimeter of the structural foundation and/or areas determined by the CRMC to be substantially altered due to associated structures, excluding dunes, wetlands and areas encompassed within pertinent setback and buffer zone requirements of this program;

(CC)Any proposed expansion of existing recreational structures shall be limited to an area equal to twenty-five percent (25%) of the square footage of the ground floor area encompassed by the structural foundation of the existing building as of June 23, 1983; associated structures shall not be used in calculating existing area;

(DD)The activity shall meet or exceed all relevant standards for the appropriate flood zone designation; and

(EE)All activities shall be subject to relevant setback and buffer zone requirements of this program, including accessory structures such as decks, porches, walls, boardwalks, swimming pools, roads, driveways, parking lots and other structures integral to or ancillary to the existing recreational structure.

d.Alterations to undeveloped barriers are prohibited except where the primary purpose of the project is protection, maintenance, restoration or improvement of the feature as a natural habitat for native plants and wildlife. In no case shall structural shoreline protection facilities be used to preserve or enhance these areas as a natural habitat or to protect the shoreline feature.

e.The Council recognizes the highly dynamic nature of barriers and that storms may cause sudden and significant changes to the geomorphic form of these coastal features. Accordingly, large scale public infrastructure improvements and dense development is inappropriate. Therefore, except as provided for herein, the construction or expansion of new infrastructure or utilities shall be prohibited on all barriers including water, gas and sewer lines. It is not the intention of these policies to apply to individual, on-site water supply systems or individual sewage disposal systems, or gas lines. The use of plastic snow-fencing on all barriers is prohibited.

f.It is the Council’s policy to assure that all construction permitted on developed barriers is undertaken to provide for the greatest physical security of the inhabitants of the barrier and adjoining mainland and to maintain, to as great an extent as possible, the qualities of the adjacent coastal pond and wetlands. (See detailed regulations for construction on dunes and beaches in § 1.2.2(B) of this Part, flood hazard areas in § 1.3.1(C) of this Part, and other applicable policies and standards in the Coastal Resources Management Program and special area management plans). The construction of new buildings is prohibited on developed barriers on which only roads, utility lines, and other forms of public infrastructure were present as of 1985.

g.With the exception of boardwalks and snow fencing utilized to trap sand, all residential and non-water dependent recreational, commercial, and industrial structures on undeveloped barriers physically destroyed fifty percent (50%) or more by storm induced flooding, wave or wind damage may not be reconstructed regardless of the insurance coverage carried.

h.Persons utilizing undeveloped beaches are required to observe the following rules:

(1)Destruction or removal of signs, snow fencing, or other sand stabilizing devices is prohibited; camping is prohibited unless in vehicles equipped with a self-contained toilet.

(2)Vehicles are permitted only on marked roads or trails and on the beach. Vehicles that drive on the beach and designated unstabilized trails on undeveloped barriers shall abide by the policies found in § 1.2.2(B) of this Part.

(3)Persons shall be at all times subject to applicable town ordinances and regulations restricting the use of private, state, or federal properties.

i.Existing recreational structures, such as beach pavilions, located on undeveloped and moderately-developed barriers that enhance the public's access to the water and generate tourism revenue for the State of Rhode Island may be permitted to be re-established in the event that they are physically destroyed fifty percent (50%) or more as a result of storm induced flooding, wave, or wind damage, provided that:

(1)Applicable policies and standards of the RICRMP are met; and,

(2)Public access to the shore is enhanced.

(3)Where possible, the reconstruction of these structures shall be behind the foredune zone as defined in § 1.2.2(B) of this Part. Any reconstruction of these facilities shall be limited to the square footage of the ground floor area encompassed by the structural foundation of the existing (associated structures shall not be used to calculate this area).

j.All policies contained in § 1.2.2(B) of this Part regarding beach vehicle use on coastal beaches shall apply to beach vehicle use on barrier islands and spits.

k.The CRMC does not require annual beach vehicle permits on the barrier spits of Seapowet Marsh and Point Fishing Area and Fogland Beach; both in Tiverton. Both spits are composed primarily of beach cobble and are excluded from an annual beach vehicle permit requirement.

2.Prohibitions

a.The use of plastic snow-fencing is prohibited on all barriers due to the hazards presented to fish, marine mammals, and other wildlife in the aftermath of a storm event.

b.Vehicle access across a back barrier flat to access the salt ponds is prohibited. Access to the ponds shall be on foot only.

c.Vehicles are prohibited in vegetated areas anywhere on the barriers.

d.Alterations to undeveloped barriers are prohibited except where the primary purpose of the project is protection, maintenance, restoration or improvement of the feature as a natural habitat for native plants and wildlife. In no case shall structural shoreline protection facilities be used to preserve or enhance these areas as a natural habitat or to protect the shoreline feature.

e.The construction of new infrastructure or utilities or expansion of existing infrastructure or utilities shall be prohibited on all barriers. Such infrastructure or utilities shall include but not be limited to public or private water, electric, gas and sewer lines. This prohibition does not apply to individual, on-site water supply systems and onsite wastewater treatment systems, or onsite bottled gas supply. Additionally, this prohibition does not apply to such ancillary activities as the installation of cable and/or telephone lines that will service an existing individual structure.

f.New development is prohibited on moderately developed barriers except where the primary purpose of the project is restoration, protection, or improvement of the feature as a natural habitat for plants and wildlife or as allowed under § 1.2.2(D) of this Part. In no case shall structural shoreline protection facilities be used to preserve or enhance these areas as a natural habitat or to protect the shoreline feature.

g.The construction of new buildings is prohibited on developed barriers on which only roads, utility lines, and other forms of public infrastructure were present as of 1985.

h.All residential construction shall be setback a minimum of fifty (50) feet. Residential construction is prohibited in the setback zone. A special exception shall be required for relief from the fifty (50) foot setback requirement on barriers unless the activity proposed is a beach facility or walkover structure in which case a variance from the setback provisions shall be required. A variance shall be required for relief from the setback requirement on barriers for the area that lies between the fifty (50) foot minimum setback and any greater setback based on the annual erosion rate. No new onsite wastewater treatment systems shall be constructed within the fifty (50) foot setback area. Walkover structures may be permitted over the dunes in order to gain access to the beach.

i.The prohibition for new infrastructure or expansion of existing infrastructure on all barriers does not apply to infrastructure which is intended to service the needs of the state such as transportation related projects, including stormwater drainage improvement projects, or transmission corridors or other infrastructure intended to meet a demonstrated state need that provides public benefit.

3.Table 5: Undeveloped, Moderately Developed, and Developed Barriers

Undeveloped Barriers

Sandy Point Island, Westerly, 1

Napatree Beach, Westerly, 1 (west of Watch Hill Beach Club)

Maschaug Beach, Westerly, 1

Quonochontaug Beach, Westerly/Charlestown, 1 (west of Breachway), 1

East Pond Beach, Charlestown

East Beach (Ninigret conservation area to Charlestown Breachway), 1

Green Hill Beach, South Kingstown, 1 (central portion)

Moonstone Beach, South Kingstown

Browning Beach, South Kingstown, 1

Long Pond Beach, Little Compton, 1

Round Pond Beach, Little Compton, 1

Briggs Beach, Little Compton, 1

Ship Pond Cove, Little Compton

Round Meadow Pond, Little Compton

Quicksand Pond Beach, Little Compton, 1

High Hill Marsh Barrier, Little Compton, 1 (eastern portion)

Sandy Point/West Beach, New Shoreham, 1

Casey Point, North Kingstown, 1

Greene Point, North Kingstown, 1

Bissel Cove Barrier, North Kingstown

Tibbit's Creek, North Kingstown

Baker's Creek, Warwick

Buttonwood Cove, Warwick

Gaspee Point, Warwick

Conimicut Point, Warwick

Nayatt Point Beach, Barrington

Mussachuk Creek, Barrington

Rumstick Point, Barrington

Hog Island, Portsmouth, 1 (2 separate areas)

Musselbed shoals, Portsmouth

Nag Pond/Jenny Pond, Portsmouth, 1

Gull Point, Portsmouth

Sheep Pen Cove, Portsmouth

McCurry Point, Portsmouth

Fogland Point, Tiverton, 1

Sapowet Point, Tiverton

Fox Hill Pond, Jamestown

Moderately Developed Barriers

Napatree Beach, Westerly (easterly portion)

Michel Pond Beach, Charlestown

Garden Pond Beach, Charlestown

Charlestown Beach, Charlestown (east of breachway to developed portion)

Narragansett Beach, Narragansett

Bonnet Shores Beach, Narragansett

Mackerel Cove Beach, Jamestown

Hazards Beach, Newport

Bailey's Beach, Newport

First (Easton's) Beach, Newport (western portion)

Crescent Beach, New Shoreham, 1

Second Beach, Middletown

Third Beach, Middletown

Tunipus Pond Beach, Little Compton

Watch House Pond Beach, Little Compton, 1

Sakonnet Harbor Beach, Little Compton, 1 (eastern portion)

Developed Barriers

Atlantic Beach, Westerly

Quonochontaug Beach, Charlestown (east of breachway)

East Beach, Charlestown (west of Ninigret conservation area)

Charlestown Beach, Charlestown

Green Hill Beach, South Kingstown (westerly and easterly portions only)

East Matunuck/Jerusalem Beach, South Kingstown and Narragansett

Roger Wheeler Beach (Sand Hill Cove), Narragansett

Bonnet Shores Beach, Narragansett (easterly portion)

First (Easton's) Beach, Middletown (easterly portion)

Crescent Beach, New Shoreham (southerly portion)

Coast Guard Beach, New Shoreham

High Hill Marsh Barrier, Tiverton (western portion)

1 - Denotes those barriers or portions thereof where the Coastal Barrier Resources Act of 1982 (CBRA) prohibits federal subsidies for most new development and federal flood insurance for all new development. For the most up-to-date maps showing CBRA designations see US Fish & Wildlife Service website .

• Note: This list denotes most of the major barriers in Rhode Island. However, there may be some small barrier systems not contained on this list, but are subject to the policies characterized by the barrier’s level of development.

C.Coastal Wetlands

1.Policies

a.The Council's goal is to preserve and, where possible, restore all coastal wetlands. All contiguous freshwater wetlands are protected under this Program, regardless of their size.

b.To offset past losses in coastal wetlands and unavoidable alterations to surviving coastal wetlands:

(1)Disturbed wetlands should be restored as directed by the Council or enhanced when possible; and

(2)In areas selected on the basis of competent ecological study, the Council will encourage the building of new wetlands.

c.The Council’s policy is that all alterations to salt marshes and contiguous freshwater or brackish wetlands abutting Type 1 waters are prohibited except for minimal alterations required by the repair of an approved structural shoreline protection facility (see § 1.3.1(G) of this Part), or when associated with a Council-approved restoration activity. In Type 1 waters, structural shoreline protection may be permitted only when used for Council-approved coastal habitat restoration projects.

d.It is the Council’s policy that alterations to salt marshes and contiguous freshwater or brackish wetlands abutting Type 2 waters are prohibited except for minor disturbances associated with:

(1)Residential docks and wetland walkover structures approved pursuant to the standards set forth in §§ 1.3.1(D) and 1.3.1(Q) of this Part, respectively;

(2)Approved repair of structural shoreline protection facilities pursuant to § 1.3.1(N) of this Part; or,

(3)Council-approved restoration activities.

e.

(1)Residential docks and wetland walkover structures approved pursuant to the standards set forth in §§ 1.3.1(D) and 1.3.1(Q) of this Part, respectively;

(2)Approved repair of structural shoreline protection facilities pursuant to § 1.3.1(N) of this Part;

(3)Council-approved restoration activities; or

(4)Council-approved limited view restoration projects for existing hospitality industry businesses.

(AA)Approval of limited view restoration projects requires a public access plan consistent with § 1.3.6 of this Part subject to CRMC approval and requires that wetlands and other shoreline natural resource areas be placed in a conservation easement at a ratio of 5:1 (e.g., 5 times the area to be restored for a view must be preserved). The area to be restored for a view shall also be included in the conservation easement along with a long-term management plan for the view restoration area. All view restoration projects must demonstrate through aerial photographic evidence that a view which supported an existing hospitality industry business has been lost over time by the growth of forested wetland vegetation. Limited view restoration projects are prohibited bordering Type 1 and 2 waters and for all existing and proposed residential projects bordering all water types. Dredging and filling in these designated coastal wetlands are prohibited. The maps of designated coastal wetlands serve to identify individual wetlands; in all cases precise boundaries shall be determined through a field inspection when proposals that could impact these features are being considered. In support of this goal, the Council supports a policy of "no net loss" of coastal wetland acreage and functions as a result of coastal development.

f.Salt marshes adjacent to Type 3, 4, 5, and 6 waters that are not designated for preservation may be altered if:

(1)The alteration is made to accommodate a designated priority use for that water area;

(2)The applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable; and

(3)Only the minimum alteration necessary to support the priority use is made.

g.Any alteration of coastal wetlands shall be consistent with § 1.3.1(L) of this Part.

h.It is the Council’s goal to provide for maximum coastal buffer zone widths for projects abutting coastal wetlands that are adjacent to Type 1 and 2 waters and for coastal wetlands designated for preservation adjacent to Type 3, 4, 5, and 6 waters. In those cases where the Council may grant a variance on small lots the minimum coastal buffer zone width should be no less than twenty-five (25) feet.

i.It is the Council’s goal to provide maximum coastal buffer zone widths for projects abutting coastal wetlands that are likely, based on site conditions and best available information, to migrate landward with sea level rise. These coastal wetlands do not abut seawalls, bulkheads or other structural shoreline protection facilities or elevated landforms such as bluffs, cliffs, or rocky shorelines, among others. These unobstructed coastal wetlands will migrate landward as sea level rises and coastal buffer zones provide protected upland areas that may transition to coastal wetlands in the future.

j.The Council adopts the Sea Level Affecting Marshes Model (SLAMM) maps for all twenty-one (21) Rhode Island coastal communities for coastal wetland restoration and adaptation planning purposes. The use of the SLAMM maps is intended to inform the public, state and local authorities of the likely condition of coastal wetlands and their landward extent under future sea level rise scenarios and to assist in adaptive ecosystem management and planning. The Council’s SLAMM maps are hereby incorporated in § 1.8 of this Part and are available on the CRMC web site at: www.crmc.ri.gov.

2.Prohibitions

a.Alterations to salt marshes and contiguous freshwater or brackish wetlands abutting Type 1 waters are prohibited except for minimal alterations required by the repair of an approved structural shoreline protection facility, or when associated with a Council-approved restoration activity. In Type 1 waters, structural shoreline protection may be permitted only when used for Council-approved coastal habitat restoration projects.

b.Alterations to salt marshes and contiguous freshwater or brackish wetlands abutting Type 2 waters are prohibited except as may be permitted in § 1.2.2(C)(1)(d) of this Part.

c.Alterations to coastal wetlands designated for preservation adjacent to Type 3, 4, 5, and 6 are prohibited except for the activities listed in § 1.2.2(C)(1)(e) of this Part. Dredging and filling in these designated coastal wetlands are prohibited.

d.Limited view restoration projects are prohibited bordering Type 1 and 2 waters and for all existing and proposed residential projects bordering all water types

e.Any limited view restoration project which does not strictly adhere to the Council’s policies and standards as stated in §§ 1.2.2(C)(1) and (3) of this Part are prohibited. Should the hospitality use be discontinued the subject property will no longer qualify for this provision and the limited view restoration Assent will become null and void.

3.Standards

a.Limited View Restoration:

(1)A public access plan shall be provided consistent with § 1.3.6 of this Part.

(2)Wetlands and other shoreline natural resources areas shall be placed in a conservation easement at a ratio of 5:1 (e.g., 5 times the area to be restored for a view must be preserved within the conservation easement). The area to be preserved for a view shall also be included in the conservation easement along with a long-term management plan for the view restoration area. The management plan shall be designed to manage the view restoration area as a shrub swamp.

(3)All view restoration projects must demonstrate through aerial photographic evidence that a view which supported an existing hospitality industry business has been lost over time by the growth of forested wetland vegetation, as of the effective date of this Part.

D.Coastal Headlands, Bluffs, and Cliffs

1.Policies

a.Exposed bluffs of unconsolidated material, such as those along the Matunuck headland in South Kingstown, have been known to recede by as much as thirty (30) feet in a single severe hurricane. Portions of the Mohegan Bluffs on Block Island have eroded similar distances by undercutting of the toe resulting in bluff collapse in less severe storms. Human activities can greatly increase the susceptibility of headland bluffs to erosion. Structures close to the face of a bluff can make the feature unstable, and concentrated runoff and de-vegetation can cause a marked acceleration of erosion. Factors that affect the ability of a cliff or bluff to withstand erosion include its composition (rock or soil type), slope, stratigraphy, height, exposure, vegetative cover, and the amount of human disturbance to which it is subjected. Since headland bluffs are composed of unconsolidated glacial sediment, they are more susceptible to erosion than headland cliffs composed of bedrock. Eroding bluffs can be important sources of sediment to nearby beaches. The bluffs of Watch Hill headland in Westerly, for example, were probably an important source of sand to the South Shore barrier and headland beaches. Extensive reveting of this headland certainly had a detrimental effect on these apparently distant and unconnected beaches. Thus, it is the Council’s policy to manage these systems as valuable sources of sediment for Rhode Island beaches.

b.The Council's goals are to:

(1)Protect coastal cliffs and bluffs from activities and alterations that may damage the value of these features as sources of sediment to beaches and as a buffer against storm waves and flooding;

(2)Prevent any construction in contiguous areas that may weaken the feature and has the potential of creating a hazard; and

(3)Preserve the scenic and ecological values of these features.

c.Due to their well-recognized scenic value and their use as tourist attractions and low intensity recreation areas, the Council designates the following coastal cliffs and bluffs as Coastal Natural Areas: Bonnet Point, Hazard Rocks, Fort Wetherill, Ocean Drive, the Brenton Cove Cliffs, Cliff Walk, Purgatory Chasm, Sakonnet Point, and Mohegan Bluffs. A Council priority when considering proposed alterations on or adjacent to these features is the preservation and, where possible, the restoration of their scenic qualities.

d.On shorelines adjacent to Type 1 waters, the Council shall prohibit construction on or alteration of coastal cliffs and bluffs and contiguous areas where such construction or alteration has a reasonable probability of causing or accelerating erosion or degrading a generally recognized scenic vista. The Council shall require suitable unaltered buffer zones on cliffs and bluffs where erosion or substrate stability can be affected by facility construction or use.

e.In determining whether a reasonable probability exists that increased erosion or loss of scenic values will result from the proposed construction or alteration, the Council shall consider the following:

(1)The exposure of the feature to the erosional forces of tidal currents, storm waves and storm-surge flooding, wind and surface runoff, and other such natural processes;

(2)The composition of the feature involved as well as its slope, stratigraphy, height, exposure, and vegetative cover;

(3)Existing types and levels of use and alteration;

(4)Competent geological evidence to evaluate whether natural erosion of the feature in question is a significant source of sediments to nearby headland and barrier beaches and whether the proposed construction of alteration will substantially reduce that source of sediment; and

(5)Inclusion of the feature on an accepted inventory of significant scenic or natural areas or evidence of public use and enjoyment as a scenic or natural area.

f.The Council shall encourage the use of nonstructural methods to diminish frontal erosion associated with coastal cliffs and bluffs adjacent to Type 1 and Type 2 waters.

g.Construction or alterations to coastal cliff and bluffs contiguous to Type 2, 3, 4, 5 and 6 waters may be permitted if:

(1)The construction is undertaken to accommodate a designated priority use for the abutting water area;

(2)The applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable; and

(3)Only the minimum alteration necessary to support the designated priority use is made.

h.In considering applications for permits for erosion control measures, the Council shall weigh the impact of the proposed structure on the supply of sediments to nearby beaches. Where the Council finds that a substantial reduction or elimination of sediment is likely to result, and that natural erosional processes affecting the nearby beach will thereby be accelerated, it shall deny an application for Assent.

E.Rocky Shores

1.Policies

a.The Council's goal is to preserve and protect these features for their role in erosion prevention, for the unique assemblages of organisms that they may support, and for their recreation and scenic value.

b.The alteration of rocky shores abutting Type 1 water areas, excepting approved projects for shoreline protection, is prohibited.

c.On shorelines adjacent to Type 1 and 2 waters, the Council shall prohibit construction on or alteration of rocky shores and contiguous areas where such construction or alteration has a reasonable probability of causing or accelerating erosion or degrading a generally recognized scenic vista. In determining whether a reasonable probability exists that increased erosion or loss of scenic value will result from the proposed construction or alteration, the Council shall consider the following:

(1)The exposure of the feature to the erosional forces of tidal currents, storm waves and flooding, wind and surface runoff, and other such natural processes;

(2)The composition of the feature involved and any significant plant or animal communities present;

(3)Existing types and levels of use and alteration; and

(4)Inclusion of the feature on an accepted inventory of significant scenic or natural areas or evidence of general public use and enjoyment as a scenic or natural area.

d.The construction of alterations to rocky shores adjacent to Type 3, 4, 5, and 6 waters may be permitted if:

(1)The construction is undertaken to accommodate a designated priority use for the abutting water area;

(2)The applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable; and

(3)Only the minimum alteration necessary to support the designated priority use is made.

F.Manmade Shorelines

1.Policies

a.Manmade shorelines usually have a major impact on the appearance of the shore, interfere with public access to and along the coast, prevent migration of coastal habitats and may alter erosion accretion processes on neighboring beaches.

b.The Council's goals are:

(1)To encourage the maintenance of structures that effectively mitigate erosion and/or sustain landforms adjacent to the water; and

(2)Prevent the accumulation of debris along the shore where such structures are ineffective or no longer in active use.

c.The Council encourages proper maintenance of existing shoreline protection structures (see § 1.3.1(G) of this Part).

d.The Council shall endeavor to determine the ownership of abandoned and deteriorating shoreline protection structures and shall encourage the owners of such structures to restore or remove them. The Council may order restoration or removal where it finds that the structure poses a hazard to navigation, interferes with the public's right of access to and along the shore, causes flooding or wave damage to abutting properties, or degrades the scenic qualities of the area.

e.The presence of isolated seawalls, bulkheads, and other similar structures does not constitute a manmade shoreline, as the term is used in this Program

G.Dunes

1.Policies

a.The foredune zone, like beaches, is a dynamic feature. While beaches are shaped by the forces of waves, the foredune is created and shaped primarily by the wind. The foredune zone dissipates energy from waves and storm-surge overwash. This results in a decreased wave run-up and lowered levels of overwash water. Thus the foredune zone serves as buffer to help minimize property loss. As reservoirs of sand, the foredune zone provides some sediment to severely eroding beaches. The height and stability of foredunes is enhanced by the growth of beach grass which traps and anchors windblown sand. Although resistant to salt air and desiccation, beach grass is easily killed by human foot traffic. The shape or form of the foredune zone is of paramount importance. The seaward-facing slope of the foredune (termed the dune ramp) naturally forms at the same gradient as the seaward slope of the berm (usually 5-10 degrees). This low-gradient surface serves to dissipate and absorb wave energy. Higher-gradient slopes on human-altered foredunes often do not absorb the wave energy; the non-absorbed waves erode the foredune and are reflected seaward, transporting sand offshore.

b.For management purposes the seaward limit of the foredune zone is defined as:

(1)The furthest seaward point where a noticeable sustained increase in topographic slope begins, or

(2)The furthest seaward extent of rooted vegetation in the immediate area, or

(3)Fifteen (15) feet seaward of the dune crest, whichever is further seaward. The inland edge of the foredune zone is defined as twenty-five feet (25) landward of the dune crest. It is from the inland edge of the foredune zone that all setbacks and coastal buffer zones are applied.

c.The Council's goals are to:

(1)Protect the foredune zone from activities that have a potential to increase wind or wave erosion;

(2)To prevent construction in high hazard areas and protect the public from dangerous storm forces;

(3)To enhance the ability of dunes to serve as a natural storm buffer; and,

(4)To protect the scenic and ecologic value of the foredune zone and dunes.

d.In order to protect the ecological and geological integrity of the foredune zone and enhance its ability to serve as a buffer during moderate and severe storm events all residential construction shall be setback not less than thirty (30) times the annual erosion rate and commercial construction shall be setback not less than sixty (60) times the annual erosion rate. In no case shall the dune setbacks be less than fifty (50) feet. All dune setbacks shall be measured from the landward edge of the foredune zone defined to be twenty-five (25) feet landward of the dune crest. A special exception shall be required for relief from the fifty (50) foot setback requirements from dunes and beaches on barriers unless the activity proposed is a beach facility or walkover structure in which case a variance from the dune setback provisions shall be required. A variance shall be required for relief from the setback requirements from dunes and beaches on barriers for the area that lies between the fifty (50) foot minimum setback and any greater setback based on the annual erosion rate. Onsite wastewater treatment systems (OWTS) have the potential to become buoyant or be damaged during a severe storm event causing raw sewage to spill onto the beach. Therefore, no new OWTS shall be constructed within the fifty (50) foot setback area from the dune or beaches or seaward of construction lines (see § 1.3.1(F) of this Part for definition of new OWTS). Walkover structures may be permitted over the dunes in order to gain access to the beach.

e.Alteration of the foredune zone adjacent to Type 1 and 2 waters is prohibited except where the primary purpose of the project is non-structural protection, restoration, nourishment, or improvement of the feature as a natural habitat for native plants and wildlife. In no case shall structural shoreline protection facilities be used to preserve or enhance these areas as a natural habitat or to protect the shoreline feature. The Council may also permit the establishment of access ways (e.g., dune walkover structures) on foredunes provided that all requirements of this Section are met.

f.Alteration of the foredune adjacent to Type 3, 4, 5, and 6 waters may be permitted if:

(1)The alteration is undertaken to accommodate a designated priority use for the abutting water area;

(2)The applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable;

(3)Only the minimum alteration necessary to support the designated priority use is made;

(4)There is no change in the usage of the property;

(5)There is no change in the footprint of existing structures; and,

(6)The construction will meet all current and applicable policies, standards, and requirements of the RICRMP.

g.The construction of dune walkover structures may be permitted in order to limit pedestrian traffic and disturbance of the foredune zone. The width of dune walkover structures shall be limited to four (4) feet. In some instances, walkover structures may include small decks and viewing platforms provided that the square footage of the viewing platforms will be limited to one hundred (100) square feet.

2.Prohibitions

a.Vehicles are prohibited on dunes and within seventy-five (75) feet of the dune crest except on trails marked expressly for vehicular use. Prohibited areas may or may not be vegetated.

b.Alteration of the foredune zone adjacent to Type 1 and 2 waters is prohibited except where the primary purpose of the project is non-structural protection, restoration, nourishment, or improvement of the feature as a natural habitat for native plants and wildlife. In no case shall structural shoreline protection facilities be used to preserve or enhance these areas as a natural habitat or to protect the shoreline feature.

c.No new Individual Sewage Disposal Systems shall be constructed within the fifty (50) foot setback area from the dune or beaches or seaward of construction lines (see § 1.3.1(F) of this Part for definition of new ISDS).

1.2.3Areas of Historic and Archaeological Significance

A.Policies

1.The Council's goal is to, where possible, preserve and protect significant historic and archaeological properties in the coastal zone.

2.Preservation of significant historic and archaeological properties is a high priority use of the coastal region. Activities which damage or destroy important properties shall be considered a low priority.

3.The Council shall require modification of, or shall prohibit proposed actions subject to its jurisdiction where it finds a reasonable probability of adverse impacts on properties listed in the National Register of Historic Places. Adverse impacts are those which can reasonably be expected to diminish or destroy those qualities of the property which make it eligible for the National Register of Historic Places. The Council shall solicit the recommendations of the RI Historical Preservation and Heritage Commission regarding impacts on such properties.

4.Prior to permitting actions subject to its jurisdiction on or adjacent to properties eligible for inclusion (but not actually listed in the National Register of Historic Places), and/or areas designated as historically or archaeologically sensitive by the RI Historical Preservation and Heritage Commission as the result of their predictive model, the Council shall solicit the recommendations of the Commission regarding possible adverse impacts on these properties. The Council may, based on the Commission's recommendations and other evidence before it, including other priority uses of this Program, require modification of or may prohibit the proposed action where such adverse impacts are likely.

5.Structural shoreline protection facilities may be permitted in Type 1 Waters provided that the structure is necessary to protect a structure which is currently listed in the National Register of Historic Places.

History

• Amendment — effective from 2024-11-24 to current
• Technical Revision — effective from 2022-01-04 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2020-05-13 to 01/04/2022
• Technical Revision — effective from 2018-12-16 to 05/13/2020
• Technical Revision — effective from 2018-12-16 to 12/16/2018
• Amendment — effective from 2018-12-16 to 12/16/2018
• Technical Revision — effective from 2017-11-29 to 12/16/2018
• Amendment — effective from 2017-11-29 to 11/29/2017
• Amendment — effective from 2016-05-26 to 11/29/2017
• Amendment — effective from 2016-02-22 to 05/26/2016
• Technical Revision — effective from 2015-03-03 to 02/22/2016
• Amendment — effective from 2015-03-03 to 03/03/2015
• Amendment — effective from 2014-09-24 to 03/03/2015
• Amendment — effective from 2013-11-19 to 09/24/2014
• Amendment — effective from 2013-10-31 to 11/19/2013
• Technical Revision — effective from 2013-09-05 to 10/31/2013
• Amendment — effective from 2013-08-15 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2012-12-26 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-08-16 to 06/13/2013
• Amendment — effective from 2012-08-16 to 09/05/2013
• Amendment — effective from 2012-07-22 to 09/05/2013
• Amendment — effective from 2012-04-09 to 10/07/2012
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2011-11-23 to 10/07/2012
• Amendment — effective from 2011-06-13 to 08/16/2012
• Amendment — effective from 2011-05-16 to 03/08/2012
• Amendment — effective from 2011-05-16 to 09/05/2013
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 06/13/2011
• Amendment — effective from 2011-01-18 to 05/16/2011
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 12/26/2012
• Amendment — effective from 2011-01-06 to 05/16/2011
• Amendment — effective from 2009-12-22 to 09/05/2013
• Amendment — effective from 2009-11-17 to 01/18/2011
• Amendment — effective from 2009-11-17 to 09/05/2013
• Amendment — effective from 2009-08-09 to 09/05/2013
• Amendment — effective from 2008-12-04 to 09/05/2013
• Amendment — effective from 2008-11-23 to 08/09/2009
• Technical Revision — effective from 2008-10-22 to 11/23/2011
• Amendment — effective from 2008-10-22 to 10/22/2008
• Amendment — effective from 2008-08-21 to 09/05/2013
• Amendment — effective from 2008-08-21 to 11/17/2009
• Amendment — effective from 2008-05-19 to 11/17/2009
• Technical Revision — effective from 2008-02-11 to 06/13/2013
• Technical Revision — effective from 2008-02-11 to 02/11/2008
• Adoption — effective from 2008-02-11 to 02/11/2008
• Amendment — effective from 2008-02-11 to 08/21/2008
• Amendment — effective from 2008-02-11 to 12/29/2010
• Technical Revision — effective from 2007-10-18 to 08/15/2013
• Amendment — effective from 2007-10-18 to 10/18/2007
• Amendment — effective from 2007-10-18 to 09/05/2013
• Amendment — effective from 2007-10-18 to 05/19/2008
• Amendment — effective from 2007-09-26 to 09/05/2013
• Technical Revision — effective from 2007-06-19 to 09/05/2013
• Amendment — effective from 2007-06-19 to 06/19/2007
• Technical Revision — effective from 2007-06-18 to 09/05/2013
• Technical Revision — effective from 2007-05-30 to 10/22/2008
• Amendment — effective from 2007-05-23 to 05/30/2007
• Amendment — effective from 2007-05-22 to 06/18/2007
• Amendment — effective from 2007-05-22 to 04/09/2012
• Amendment — effective from 2007-05-22 to 09/05/2013
• Amendment — effective from 2007-02-14 to 12/22/2009
• Amendment — effective from 2007-01-10 to 10/18/2007
• Amendment — effective from 2006-12-11 to 01/18/2011
• Amendment — effective from 2006-11-06 to 05/23/2007
• Amendment — effective from 2006-06-19 to 11/06/2006
• Amendment — effective from 2006-03-08 to 08/16/2012
• Amendment — effective from 2006-03-05 to 09/05/2013
• Amendment — effective from 2006-03-05 to 02/14/2007
• Amendment — effective from 2006-03-05 to 01/10/2007
• Amendment — effective from 2006-02-20 to 09/05/2013
• Amendment — effective from 2005-12-27 to 02/11/2008
• Amendment — effective from 2005-11-24 to 10/18/2007
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-11-02 to 10/18/2007
• Amendment — effective from 2005-04-18 to 06/19/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2005-01-17 to 04/18/2005
• Amendment — effective from 2005-01-17 to 01/06/2011
• Amendment — effective from 2004-11-29 to 11/24/2005
• Amendment — effective from 2004-11-03 to 09/05/2013
• Amendment — effective from 2004-09-09 to 03/08/2012
• Amendment — effective from 2004-07-15 to 11/29/2004
• Amendment — effective from 2004-07-11 to 12/11/2006
• Amendment — effective from 2004-06-14 to 09/05/2013
• Amendment — effective from 2004-06-14 to 01/17/2005
• Technical Revision — effective from 2003-10-19 to 09/05/2013
• Periodic Refile — effective from 2003-10-19 to 10/19/2003
• Technical Revision — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/19/2007
• Periodic Refile — effective from 2003-10-09 to 07/15/2004
• Periodic Refile — effective from 2003-10-09 to 08/21/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 09/26/2007
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 12/04/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/11/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/22/2012
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 11/23/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 11/03/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 12/27/2005
• Periodic Refile — effective from 2003-10-09 to 03/08/2006
• Periodic Refile — effective from 2003-10-09 to 10/09/2003
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 02/11/2008
• Periodic Refile — effective from 2003-10-09 to 09/09/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2005
• Periodic Refile — effective from 2003-10-09 to 11/02/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-07-18 to 11/07/2002
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-02-04 to 10/09/2003
• Periodic Refile — effective from 2002-01-02 to 10/19/2003

650-RICR-20-00-1 § 1.3 Activities Under Council Jurisdiction

1.3.1In Tidal And Coastal Pond Waters, On Shoreline Features And Their Contiguous Areas

A.Category B Requirements

1.The requirements herein for a Category B Assent are necessary data and information for the purposes of federal consistency reviews. All persons applying for a Category B Assent are required to:

a.Demonstrate the need for the proposed activity or alteration;

b.Demonstrate that all applicable local zoning ordinances, building codes, flood hazard standards, and all safety codes, fire codes, and environmental requirements have or will be met; local approvals are required for activities as specifically prescribed for nontidal portions of a project in §§ 1.3.1(B), (C), (F), (H), (I), (K), (M), (O) and (Q) of this Part; for projects on state land, the state building official, for the purposes of this Section, is the building official;

c.Describe the boundaries of the coastal waters and land area that is anticipated to be affected;

d.Demonstrate that the alteration or activity will not result in significant impacts on erosion and/or deposition processes along the shore and in tidal waters;

e.Demonstrate that the alteration or activity will not result in significant impacts on the abundance and diversity of plant and animal life;

f.Demonstrate that the alteration will not unreasonably interfere with, impair, or significantly impact existing public access to, or use of, tidal waters and/or the shore;

g.Demonstrate that the alteration will not result in significant impacts to water circulation, flushing, turbidity, and sedimentation;

h.Demonstrate that there will be no significant deterioration in the quality of the water in the immediate vicinity as defined by DEM;

i.Demonstrate that the alteration or activity will not result in significant impacts to areas of historic and archaeological significance;

j.Demonstrate that the alteration or activity will not result in significant conflicts with water dependent uses and activities such as recreational boating, fishing, swimming, navigation, and commerce, and;

k.Demonstrate that measures have been taken to minimize any adverse scenic impact (see § 1.3.5 of this Part).

2.Each topic shall be addressed in writing and include detailed site plans and a locus map for the proposed project.

3.Additional requirements are listed for specific Category B activities and alterations in the sections that follow.

B.Filling, removing, or grading of shoreline features

1.Policies

a.Established agricultural practices in areas contiguous to shoreline features are excluded from this Section.

b.All filling, removing or grading activities shall be done in accordance with the policies and standards of this Section and the standards and specifications set forth in the most recent edition of the Rhode Island Soil Erosion and Sediment Control Handbook.

c.All new activities subject to §§ 1.3.1(C) (residential, commercial, and industrial structures), 1.3.1(M) and 1.3.3 of this Part, or those activities which disturb more than five thousand (5,000) square feet of land on a site shall prepare and implement an erosion and sediment control plan approved by the Council which references all necessary practices for erosion and sediment control. All erosion and sediment control plans shall be consistent with applicable policies and standards contained in the Rhode Island Coastal Resources Management Program and the standards and specifications set forth in the most recent edition of the Rhode Island Soil Erosion and Sediment Control Handbook. All erosion and sediment control plans shall be strictly adhered to.

d.The Council recognizes the most recent version of the Rhode Island Soil Erosion and Sediment Control Handbook, and its amendments, published jointly by the Rhode Island Department of Environmental Management and the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), as containing appropriate Best Management Practices (BMP) for use within the CRMC’s jurisdiction. All erosion and sediment control plans shall be consistent with this manual. Applicants are also encouraged to consult the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual during the preparation of their erosion and sediment control plan in order to ensure consistency with the Council’s stormwater management requirements (see § 1.3.1(F) of this Part).

e.Routine filling, removing, or grading of bulk materials (e.g. coal, salt, etc.) that occurs as part of the normal operations of an existing bulk transfer facility (e.g., the Port of Providence) which is adjacent to type 6 waters is excluded from the provisions of this Section provided that all filling, removing or grading activities are done in accordance with applicable guidance manuals which specify the appropriate best management practices for Rhode Island. Any filling, removing or grading that will result in a modification of an existing bulk transfer facility’s infrastructure shall be subject to the policies and standards in this Section.

f.Filling, removing, or grading activities shall be reviewed at the Category B level when:

(1)The filling or removing involves more than ten thousand (10,000) cubic yards of material;

(2)The affected area is greater than two (2) acres; or

(3)The affected area is a designated historic area or archaeologically sensitive site.

2.Prohibitions

a.Filling, removing, or grading is prohibited on beaches, dunes, undeveloped barrier beaches, coastal wetlands, cliffs and banks, and rocky shores adjacent to Type 1 and 2 waters unless the primary purpose of the alteration is to preserve or enhance the feature as a conservation area or natural buffer against storms.

b.Filling, removing, or grading on coastal wetlands is prohibited adjacent to Type 1 and 2 waters, and in coastal wetlands designated for preservation adjacent to Type 3, 4, 5 and 6 waters, unless a consequence of an approved mosquito control ditching project (see § 1.3.1(L) of this Part).

c.On site beach materials (cobbles, sand, etc.) may not be used as construction material.

d.Mining is prohibited on coastal features.

3.Standards

a.The following standards apply in all cases where filling, removal, or grading is undertaken:

(1)Fill slopes shall have a maximum grade of thirty percent (30%);

(2)All excess excavated materials, excess fill, excess construction materials, and debris shall be removed from the site and shall not be disposed in tidal waters or on a coastal feature;

(3)Disturbed uplands adjacent to a construction site shall be graded and re-vegetated or otherwise stabilized to prevent erosion during or immediately after construction. Nutrients shall be applied at rates necessary to establish and maintain vegetation without causing significant nutrient runoff to surface waters;

(4)Removal or placement of sediments along jetties or groins may be permitted only as part of an approved dredging or beach nourishment project (see § 1.3.1(I) of this Part);

(5)All fill shall be clean and free of materials which may cause pollution of tidal waters;

(6)Cutting into rather than filling out over a coastal bank is the preferred method of changing upland slopes; and

(7)Limit the application, generation, and migration of toxic substances and ensure that toxic substances are properly stored and disposed of onsite in accordance with all applicable federal, state, and local requirements.

b.The following upland and shoreline earthwork standards shall be required in those cases where the Council determines that additional measures are warranted in order to protect the environment of the coastal region. Such requirements shall be listed on Assents as stipulations

c.For earthwork on shoreline features:

(1)Prior to initiation of construction, the contractor may be required to meet on site with the CRMC staff to discuss and clarify the conditions of the permit;

(2)A re-vegetation plan shall be submitted for review and approval when construction is undertaken on a barrier beach. This plan shall describe plant material, methods of planting, time of planting, soil amendments, and maintenance;

(3)Construction materials and excavated soils shall not be placed or stored on any shoreline feature excepting developed barrier beaches and manmade shorelines;

(4)All disturbed soils shall be graded smooth to a maximum 3:1 slope and re-vegetated immediately after construction, or temporarily stabilized with mulch, jute matting, or similar means until seasonal conditions permit such re-vegetation;

(5)In sensitive areas, work shall be carried out from areas above slope from coastal features. Machinery and construction equipment shall normally not be allowed to operate on a coastal wetland. For unavoidable work on a coastal wetland, a protective cover shall be deployed to minimize disturbance;

(6)In instances where the CRMC permits temporary disturbance of a coastal feature, shoreline slope, buffer zone, or area of beach grass, the disturbed area shall be completely restored by the owner under the guidance of CRMC staff; and

(7)Concrete structures which will come in contact with salt water shall be constructed with concrete which utilizes a Type II or Type V air entraining Portland cement or an equivalent that is resistant to sulfate attacks of seawater.

d.For upland earthwork measures shall be taken to minimize erosion:

(1)A line of staked hay bales or other erosion preventing devices (including diversion ditches, check dams, holding ponds, filter barrier fabric, jute or straw mulch) shall be placed at the downslope perimeter of the proposed area of construction prior to any grading, filling, construction, or other earthwork. Hay bales shall be toed in to a depth of three (3) to four (4) inches, and maintained by replacing bales where necessary until permanent re-vegetation of the site is completed. No soils or other materials are authorized to pass beyond the bale line;

(2)All slopes shall be returned to the original grade unless otherwise specified;

(3)Where natural or manmade slopes are or have become susceptible to erosion, the slopes shall be graded to a suitable slope and re-vegetated with thick rooting brush vegetation. Mulch shall be applied as necessary to provide protection against erosion until the vegetation is established;

(4)Construction shall be timed to accommodate stream and/or runoff flow and not allow flows over exposed, un-stabilized soils, or into or through the excavation. Flows shall not be restricted in such a manner that flooding or inhibition or normal flushing occurs;

(5)Any pumping of groundwater which may be necessary for de-watering shall be discharged into sediment traps consisting of a minimum of staked hay bale rings enclosing crushed stone or trap rock of a size sufficient to disperse inflow velocity. Hay bales shall be recessed 4 to 6 inches into the soil and maintained; and

(6)There shall be no discharge of sediment laden waters into storm drains. Storm drains shall be surrounded by staked hay bales to intercept sediment.

e.For any disturbance of steep slopes (over fifteen (15) percent):

(1)Where such construction is allowed, the following shall be observed:

(AA)No fill shall be allowed on the slope;

(BB)Excavation shall be kept to an absolute minimum; and

(CC)Vegetative cover on the slope shall be permanently maintained to the maximum extent physically possible.

(2)Where the potential for damage to a slope exists from runoff, staked hay bales, berms, or similar diversions shall be placed at the top and toe of the slope. Collected water shall be suitably discharged through properly constructed drains or swales. Wherever possible, drainage swales shall be constructed along and adjacent to property lines so as to avoid drainage onto adjacent properties. Swales shall be capable of handling runoff from a ten (10) year rainfall occurrence.

(3)For excavations on slopes or directly adjacent to coastal features, the excavated materials shall be cast upslope of the trench or excavation so as to minimize downslope runoff of sediment.

(4)Pedestrian access over steep shoreline slopes and banks shall be in the form of field stone or similar stabilized paths or elevated stairs. Access over bluffs shall be with elevated stairs only.

C.Residential, commercial, industrial, and recreational structures

1.Policies

a.It shall be the policy of the Council to undertake all appropriate actions to prevent, minimize or mitigate the risks of storm damage to property and coastal resources, endangerment of lives and the public burden of post storm disaster assistance consistent with policies of the State of Rhode Island as contained in the Hazard Mitigation Plan element of the State Guide Plan when considering applications for the construction of residential, commercial, industrial and recreational structures, including utilities such as gas, water and sewer lines, in high hazard areas.

b.It is the Council’s policy to require a public access plan, in accordance with § 1.3.6 of this Part, as part of any application for a commercial or industrial development or redevelopment project in or impacting coastal resources. In accordance with § 1.1.7 of this Part, a variance from this policy may be granted if an applicant can demonstrate that no significant public access impacts will occur as result of the proposed project.

c.All commercial and industrial structures and operations located within tidal waters shall obtain a structural perimeter limit (SPL). Owners/operators of these facilities may apply to the Council for definition and establishment of this structural perimeter at any time. However, the Council shall establish a structural perimeter limit (SPL) when an application subject to this Section is under review.

2.Prerequisites

a.Applicants proposing new construction and/or alterations to existing structures shall obtain a letter from the local authorities certifying that proposed activities conform to the local zoning ordinance, or that if relief from an ordinance is required that it has been obtained and that the decision authorizing the appropriate relief is final. This letter must be submitted to the CRMC with the application.

b.Applicants proposing new construction and/or alterations to existing structures shall demonstrate that all applicable requirements of the RI state building code (SBC) including those pertaining to construction within flood hazard zones will be met. This demonstration shall be made by submitting to the CRMC at the time of application a building official's form properly completed and signed by the local building official.

c.Applicants proposing to build, repair or alter an onsite wastewater treatment system (OWTS) shall obtain a permit from the Department of Environmental Management and shall submit to the CRMC copies of the approved application and the approved plans. The plan submitted must bear a DEM/OWTS approval stamp.

d.Persons proposing activities that may impact the function of an existing OWTS and which by the rules and regulations of the Department of Environmental Management requires the issuance of a permit, shall obtain the necessary permits and submit copies of these permits to the CRMC at the time of application.

e.Applicants for industrial, commercial and recreational structures shall demonstrate that all state safety codes, fire codes, and environmental requirements have or will be met.

f.Applicants shall demonstrate that connections to public water supplies and sewer systems shall be authorized by the appropriate authorities when:

(1)Such connections are proposed by the applicant; or

(2)Where on-site water withdrawal and/or sewage disposal will have a significant adverse environmental or public health impact.

g.Applicants for commercial, industrial, and recreational structures shall demonstrate that adequate transportation and utility services to support the proposed operations and related activities are available.

3.Prohibitions

a.Industrial operations and structures are prohibited in Type 1 and 2 waters or on shoreline features abutting these waters.

b.The mining and extraction of minerals, including sand and gravel, from tidal waters and salt ponds is prohibited. This prohibition does not apply to dredging for navigation purposes, channel maintenance, habitat restoration, or beach replenishment.

c.Solid waste disposal and minerals extraction is prohibited on shoreline features and their contiguous areas.

d.The use of fill for structural support of buildings in flood hazard V zones is prohibited.

e.New decks and structures, and expanded structures associated with residential properties, or non-water dependent commercial uses, are prohibited in or over tidal waters.

f.Decks associated with commercial properties are prohibited in or over type 1 waters. Decks associated with commercial properties are prohibited in or over Type 2 waters unless such use is reserved in connection with a water dependent use. Decks associated with commercial properties are prohibited in or over Type 3, 4, 5, and 6 waters unless:

(1)The deck is to accommodate a designated priority use for that water area;

(2)The applicant has examined all reasonable alternatives and the council has determined that the selected alternative is the most reasonable; and

(3)The deck is the minimum necessary to support the priority use.

g.See Table 2 in § 1.1.4 of this Part for a listing of additional prohibitions.

4.Standards

a.General:

(1)See standards given in "Filling, Removing, or Grading of Shoreline Features" in § 1.3.1(B) of this Part, as applicable.

(2)See standards given in "Sewage Treatment and Disposal" in § 1.3.1(F) of this Part, as applicable.

(3)Commercial and Industrial docks, wharves and piers shall be designed and certified by a registered professional engineer.

(4)All commercial and industrial structures and operations in tidal waters shall have a defined structural perimeter for in-water facilities, which shall describe and limit that area in which repair or alteration activities may take place. Structural perimeters shall be defined on the basis of in-water facilities in place as of September 30, 1971, or subsequently assented structures. All new or modified structural perimeter limit lines shall be a maximum of ten (10) feet outside of the structures. The structural perimeter limit (SPL) shall be designated on all plans with the corners designated by their State Plane Coordinates. However, in all cases the SPL shall be setback at least fifty (50) feet from approved mooring fields. In addition the SPL shall be setback at least three times the authorized project depth from federal navigation projects (e.g. navigation channels and anchorage areas).

(5)It is permissible to have vessels berthed at a facility outside of the structural perimeter limit if, in the opinion of the Executive Director, there are no conflicts with other users, impacts to resources, or conflicts with the DEM Shellfish Program. All vessels shall be berthed parallel to piers and docks if outside of the structural perimeter limit.

b.All new or existing commercial marine facilities (CMF) as defined in § 1.1.2 of this Part shall perform fitness of purpose inspections in accordance with the CRMC “Guidelines for Fitness of Purpose Investigations and Certifications.” The addition of new structural components or systems on existing CMFs that are structurally independent of the existing components or systems shall be considered as “new.”

(1)A post-event inspection is required for any CMF following a significant potentially damage-causing event such as a hurricane, vessel impact, fire or explosion. The primary purpose is to assess the integrity of structural and mechanical systems. This assessment will determine the operational status and/or any remedial measures required by the CRMC for the CMF.

(2)Post event notification shall be provided to the CRMC. The notification shall include, as a minimum:

(AA)Brief description of the event;

(BB)Brief description of the nature, extent and significance of any damage observed as a result of the event;

(CC)Operational status and any required restrictions; and

(DD)Statement as to whether a post-event inspection will be carried-out.

(3)The CRMC may carry out or cause to be carried out, a post-event inspection. In the interim, the CRMC may modify or limit the operations through Assent suspension. If a post-event inspection is required, an action plan shall be submitted to the CRMC within five (5) days after the event. This deadline may be extended in special circumstances. The action plan shall include the scope of the inspection (above water, underwater, mechanical systems, physical limits, applicable berthing systems, etc.) and submission date of the final report. The action plan is subject to CRMC approval.

c.Residential, commercial, industrial, and recreational buildings:

(1)Excavation and grading shall be restricted to those activities and areas necessary for the construction of the building and/or appurtenant structures (see § 1.3.1(B) of this Part).

(2)Applicants shall be required to reduce the inflow of pollutants carried by surface runoff in accordance with the policies and standards contained in § 1.3.1(F) of this Part and as detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual.

6.Flood zone construction. In many instances lands under the jurisdiction of the CRMC are by virtue of their topographic position subject to flooding. The Federal Emergency Management Agency has evaluated the risk of flooding and has established one hundred (100) year return frequency elevations of the flood waters (i.e., the Base Flood Elevation, (BFE) for all of the State’s coastal communities. The approximate limits of the flood zones and the associated Base Flood Elevations are shown on the FEMA Flood Insurance Rate Maps, which are commonly available at each communities building official's office. In recognition that structures located within Flood Hazard Zones must be designed to meet more severe conditions than those not, the Rhode Island State Building Code, (RISBC) contains specific requirements for flood zone construction.

a.The CRMC requires all applicants proposing construction within flood hazard zones to demonstrate that all applicable portions of the RISBC are to be met. This demonstration shall be made by submitting to the CRMC at the time of application a building official’s form properly completed and signed by the local building official.

7.Construction in flood hazard zones. In addition to the requirements of the RISBC, the CRMC suggests that applicants incorporate the following items into their proposed designs:

a.For construction in wave velocity (V) zones as defined by FEMA Flood Insurance Rate Maps:

(1)If timber pilings are used, they should meet the American Society for Testing and Materials (ASTM) standards for Class B piles and shall have a minimum tip diameter of 8 inches. Wooden pilings should be treated with a wood preservative. Bracing between piles is recommended.

(2)Pilings in ocean fronting areas should penetrate no less than ten (10) feet below mean sea level.

(3)Floor joists should be secured with hurricane clips where each joist encounters a floor beam. These metal fasteners or straps should be nailed on the joist as well as on the beam.

(4)To secure the exterior wall to the floor joists, galvanized metal strap connections should be used connecting the exterior wall studs to the joists.

(5)Roof trusses or rafters should be connected to the exterior wall with galvanized metal straps.

b.For construction in coastal (A) Flood Zones.

(1)Items 1, 2, 3, 4, 5 as listed in § 1.3.1(C)(7)(a) of this Part for V zone construction should, if applicable, be employed.

(2)Parallel concrete walls or pilings rather than fill should be used to elevate habitable residential structures when six (6) feet or more clearance exists between the existing grade and the flood plain elevation.

(3)In areas subject to minimal wave action in a one hundred (100) year storm event, discontinuous reinforced concrete foundation walls which allow sufficient free flow of flood waters may be substituted for parallel concrete walls or pilings.

D.Recreational boating facilities

1.Policies

a.Pursuant to R.I. Gen. Laws § 46-23-6(9) recreational boating facilities as defined in § 1.1.2 of this Part by and properly permitted by the Council, are deemed to be one of the uses consistent with the public trust.

c.The Council recognizes that the United States Coast Guard has primary authority over navigational aids and marine boating safety, and that these responsibilities are complemented by the Department of Environmental Management, local harbormasters, and public boating service organizations such as the Coast Guard Auxiliary.

d.The Council requires municipalities preparing to implement harbor management plans and/or programs relating to activities in tidal waters to apply for a determination of consistency with the Coastal Resources Management Program to assure conformance between such plans and/or programs and the Coastal Resources Management Program, the Guidelines for the Development of Municipal Harbor Management Plans and the General Laws of the State of Rhode Island.

e.All persons proposing condominium, dockominium, or other forms of ownership or operation of recreational boating facilities involving multiple, cooperative, condominium or fee simple interests in ownership or operation shall submit a prospectus of such proposals to the CRMC for review of consistency with the state of Rhode Island’s public trust responsibilities, R.I. Gen. Laws Chapter 46-23, and the Rhode Island Coastal Resources Management Program.

f.Repair or reconstruction of all residential structures that are physically destroyed fifty percent (50%) or more by wind, storm surge, waves or other coastal processes shall require a new Council assent. Such activities requiring a new Council assent shall be reviewed according to the most current applicable programmatic requirements of the Coastal Resources Management Program, its Special Area Management Plans, and/or any other appropriate CRMC-approved management plan. All replacement structures shall be designed and constructed to meet current structural and environmental design conditions shown in Table 8 of this Part (Minimum design criteria). For marinas see § 1.3.1(N) of this Part.

g.Table 6: Existing residential and limited recreational boating facility modification request for permitted structures

Dock condition

Application type

Functional dock to be replaced in its entirety

Maintenance

Functional dock to be replaced in its entirety in Type 1 waters

Maintenance

Functional Dock destroyed (>50%) by storm or natural Hazard in Type 1 Waters

Cannot be replaced or special Exception

Existing Dock field assessed by CRMC Staff as >50% destroyed in Type 1 Waters

Cannot be Replaced or Special Exception

Functional Dock, destroyed (>50%) in a storm/natural hazard

New

Dock, not functional, field assessed as >50% destroyed

New

Functional Dock, to be replaced in its entirety

Refer to § 1.3.1(N) of this Part

dock, not in compliance at time of permit

Refer to § 1.3.1(N) of this Part

Adding to existing Dock

Existing dock does not need to be brought into compliance; proposed addition must meet current regulations

Modification

Addition is over fifty percent (50%) of length or width of dock

New

h.In the event of catastrophic storms, § 1.1.12 of this Part (Emergency Assents) may apply to the above table at the discretion of the Executive Director.

i.Outhauls are subject to the regulatory jurisdiction of the Council. The Council may authorize a municipality to administer an annual permit for such provided said municipality has a Council approved and active harbor management plan and ordinance which contains the following municipal documentation that demonstrates that:

(1)Except as provided below, an outhaul(s) is/are to be permitted to the contiguous waterfront property owner; and,

(2)Up to two (2) outhauls may be allowed per waterfront property; and,

(3)Outhauls are not permitted on properties which contain a recreational boating facility; and,

(4)Procedures have been adopted to ensure that permits are only issued consistent with the RICRMP, including the provisions of § 1.3.1(R) of this Part; and,

(5)The procedures acknowledge that the CRMC retains the authority to revoke any permits issued by the municipality if it finds that such permit conflicts with the RICRMP; and,

(6)From November 15 to April 15, when a boat is not being secured by the device on an annual basis, the outhaul cabling system shall be removed; and,

(7)Outhauls may be “grandfathered” in their current location upon annual harbormaster documentation that such outhauls have been in continuous use at such location since 2004, and, the contiguous property owner(s) agree in writing to such, however, such “grandfathering” is extinguished whenever a recreational boating facility is approved at the location.

j.The Council may recognize and issue its own Assent for a pre-existing recreational boating facility upon proof of an Army Corps of Engineers permit; a town or city council authorization issued prior to 1972; a harbor commission authorization issued prior to 1972; and/or, a Rhode Island Division of Harbors and Rivers permit issued prior to 1972. The CRMC will issue a registration plate and number that will be assigned to that specific structure.

2.Marina policies

a.The Council encourages marinas to utilize techniques that make the most efficient use of space and increased demands for moorage, dockage, and storage space by primarily utilizing dry stack storage in addition to innovative slip and mooring configurations, etc.

b.All new and significantly expanded marinas shall first submit a preliminary determination (PD) application to the CRMC for a conceptual evaluation of the proposed project. The preliminary determination shall include an alternatives analysis to evaluate that the use of the public trust resources proposed are the most efficient and protective of the environment. The primary objective of the PD shall be to document all efforts to avoid adverse impacts and to minimize and offset unavoidable adverse impacts to aquatic and terrestrial resources. Such documentation shall be in the form of an objective analysis of alternatives that satisfies the above review criteria and provides an evaluation of practicable alternate sites and/or designs. The applicant shall be required to attend a meeting with the CRMC staff to review the results of the preliminary determination. In assessing a proposed marina facility, the Council shall require a preliminary determination/alternatives analysis that details the following:

(1)The appropriateness of the facility given the activities potential to impact Rhode Island's coastal resources;

(2)The appropriateness of the structure given environmental site conditions;

(3)The potential impacts of the structure and use of the facility on public trust resources (e.g., fin fish, shellfish, submerged aquatic vegetation, benthic habitat, commerce, navigation, recreation, natural resources, and other uses of the submerged lands, etc.);

(4)The potential navigation impacts of the structure and associated use of the structure;

(5)The potential aesthetic and scenic impacts associated with the structure;

(6)The cumulative impacts associated with the increased density of existing recreational boating facilities in the vicinity of the proposed project. In considering these factors, the Council shall weigh the benefits of the proposed activity against its potential impacts while ensuring that it does not cause an adverse impact on other existing uses of Rhode Island's public trust resources;

(7)The potential impacts to other recreational or commercial uses of the affected resource;

(8)The extent to which any disruption of the public use of such lands is temporary or permanent;

(9)The extent to which the public at large would benefit from the activity or project and the extent to which it would suffer detriment; and

(10)The extent to which structures that extend over submerged lands are dependent upon water access for their primary purpose.

c.It is the policy of the Council that the applicant demonstrates through measurable standards referred to herein that the marina expansion cannot be accomplished within the existing Marina Perimeter Limit through utilization of more efficient configurations.

d.The Council shall require persons proposing to construct new marina facilities or proposing to expand existing marina facilities to undertake measures that mitigate the adverse impacts to water quality associated with the proposed activity. Applicants shall apply for a Water Quality Certificate from the RI Department of Environmental Management and Army Corps of Engineers Permit, concurrent with their application to CRMC.

e.The construction of marinas, docks, piers, floats and other recreational boating facilities located on tidal lands or waters constitutes a use of Rhode Island's public trust resources. Due to the CRMC's legislative mandate to manage Rhode Island's public trust resources for this and subsequent generations, the Council must assess all proposed uses of public trust lands or waters on a case-by-case basis, examine reasonable alternatives to the proposed activity, and ensure that the public's interests in the public trust resources are protected.

f.It is the Council’s policy that new or significant marina expansions must demonstrate:

(1)There is no alternative within the current in-water perimeter that would accommodate the expansion;

(2)The area requested is the minimum necessary; and

(3)The request avoids or minimizes impact to the aquatic environment and traditional uses in the area.

g.The Council encourages all recreational boating facilities to provide an opportunity for a variety of boat sizes and types so as to provide access for the widest segment of the public to the Public Trust Resources.

h.It is the Council’s policy to require a public access plan or an enhancement to existing access, in accordance with § 1.3.6 of this Part (Protection & Enhancement of Public Access to the Shore), as part of any application for a new marina, or for a significant expansion to any existing marina. In accordance with § 1.1.7 of this Part, a variance from this policy may be granted if an applicant can demonstrate that no significant adverse public access impacts will occur as a result of the project. The public access plan must detail the vehicle parking that will be provided to support the proposed public access. All boating facilities shall be designed and constructed in a manner which does not impede or detract from and whenever practicable promote public access along and to the shore.

3.Residential and limited recreational boating facility policies

a.All residential and limited recreational boating facilities are required to be registered by and with the Council and have posted on them a registration plate and number issued by the Council. The registration plate and number must be permanently affixed to the facility on its most seaward face and be visible from the navigation channel or fairway to the structure at all times.

b.In order to limit the cumulative impacts of multiple individual residential and limited recreational boating facilities, the Council encourages the construction of facilities that service a number of users. It is the policy of the Council to manage the siting and construction of recreational and limited recreational boating facilities within the public tidal waters of the state to prevent congestion, and with due regard for the capability of coastal areas to support boating and the degree of compatibility with other existing uses of the state’s waters and ecological considerations.

c.All recreational and limited recreational boating facilities shall be designed and constructed to adequately withstand appropriate environmental conditions present at the site and to minimize impacts to existing resources.

d.All residential boating facilities shall be contiguous to a private residence, condominium, cooperative or other homeowner’s association property and shall not accommodate more than four (4) boats.

e.All limited recreational boating facilities must be contiguous to property zoned by the local municipality as institutional or open space (or an appropriate sub-district of institutional or open space zoning) and shall not accommodate more than four (4) boats.

f.It is the Council’s policy to authorize only one (1) residential or limited recreational boating facility per lot of record as of October 7, 2012 to minimize user conflicts and cumulative impacts in tidal waters.

g.Assents for limited recreational boating facilities remain valid provided the local parcel zoning remains unchanged from the time of the Assent. Modification of the local zoning designation to a category other than open space or institutional or their appropriate sub-district categories automatically nullifies the CRMC Assent.

h.It is the Council’s policy to ultimately remove all recreational boating facilities located in Type 1 waters (see § 1.2.1(A) of this Part). The Council recognizes that pre-existing recreational boating facilities in Type 1 waters built prior to January 1, 1985 may not meet current Council standards and policies. Such facilities are not required to reapply under this Subsection provided the Council has authorized the facility by issuance of an assent including maintenance. Unless such facilities have been previously authorized by the Council, such facilities shall not pose any significant risk to the coastal resources of the state, such as significant impacts to salt marshes, and shall not endanger human safety to be eligible for an assent. Applicants shall provide clear and convincing evidence for unauthorized pre-existing recreational boating facilities that:

(1)The facility exists in substantially the same configuration as it did prior to January 1, 1985;

(2)The facility is presently intact and functional; and

(3)The facility presents no significant threat to coastal resources nor to human safety.

4.Prerequisites

a.All new or significantly expanded recreational and limited recreational boating facilities shall be within the property line extensions of the proposed facility or have a signed agreement with the adjacent land owner(s) whose property line extension area is impacted. All structures shall be a minimum of twenty-five (25) feet from the property line extension. Otherwise the applicant shall have a letter of no objection from the adjacent property owner stating that the reduced setback is acceptable. This letter and variance request shall be provided with the application.

5.Marina prerequisites

a.Persons proposing to establish a new marina or significantly expand a marina shall prepare and submit a preliminary determination application prior to submitting a Category B application.

b.If in the opinion of the Council or executive director the proposed marina or significant expansion is not utilizing the public trust in accordance with this Section the applicant may be required to prepare alternative layouts that meet the standards herein.

c.The preliminary determination for new or significant expansions of marinas must assess the impacts of all the environmental site conditions and the planning / design requirements below:

(1)All designs that include water-based vessel storage are encouraged to explore both wet and dry storage alternatives

(2)Persons proposing to establish a new marina or significantly expand an existing marina will be required to concurrently obtain a permit from the Army Corps of Engineers as well as a Water Quality Certificate from the RIDEM.

(3)Persons proposing to establish a commercial mooring area are required to concurrently obtain a permit from the Army Corps of Engineers.

(4)An application for a Council Assent for a marina and/or mooring area shall include a map prepared and stamped by a professional land surveyor that designates the area of tidal water that will be incorporated within the marina by State Plane Coordinates (NAD83) and described by metes and bounds. All structural elements and components shall be designed and stamped by a professional engineer.

6.Residential and limited recreational boating facility prerequisites:

a.All applications for residential and limited recreational boating facilities shall be initially reviewed by the executive director or the deputy director. The executive director or the deputy director may refer any such application to the Council for a hearing if based upon the application on its face a determination is made that the proposed activity warrants a Council hearing.

b.The executive director or the deputy director shall, based upon the application and staff reports, make a determination that the application meets all the criteria as set out in § 1.3.1(D)(11) of this Part (standards for residential and limited recreational docks, piers and floats) and any other applicable Council policy or procedures. If a determination is made that all the above criteria are met, the application shall be processed as a Category A application.

c.If a determination is made that all of the above criteria are not met for a residential or limited recreational boating facility then the matter shall be referred to Council as a Category B application.

d.The executive director or the deputy director shall have the authority to consider and act upon variance requests to certain standards of this Section pertaining to residential and limited recreational boating facilities and shall utilize the criteria and requirements of § 1.1.7 of this Part in its evaluation of variance requests.

e.Variance requests to other standards of this Section or to other appropriate and relevant sections of the CRMP must be made to the full Council. Variances shall not be considered by the executive director or the deputy director if there is a substantive objection, in accordance with § 1.1.6 of this Part, to the application.

f.Variances may be granted to all of the standards contained in §§ 1.3.1(D)(11) and 1.2.1(B) of this Part provided engineering, biological and other appropriate concerns have been addressed except for the following:

(1)The executive director or the deputy director may not grant a variance to § 1.3.1(D)(11)(k) of this Part;

(2)The executive director or the deputy director may only grant a variance to within eighteen (18) inches of the marsh grade standard (§ 1.3.1(D)(11)(g) of this Part) provided engineering, biological, and other appropriate concerns are met; and

(3)The executive director or the deputy director may only grant a variance for the extension of a recreational or limited recreational boating facility out to seventy-five (75) feet beyond MLW or up to a fifty percent (50%) increase beyond the fifty (50) foot standard (§ 1.3.1(D)(11)(l) of this Part) provided engineering, biological, and other appropriate concerns are met.

7.Prohibitions

a.The building of new marinas in Type 1 and 2 waters is prohibited.

b.The building of recreational boating facilities in Type 1 waters is prohibited. This prohibition shall not apply to functional structures previously authorized by the Army Corps of Engineers, or the CRMC or predecessor agencies. Additionally, in those instances where an applicant cannot produce an authorization from said agencies or an approval by the Council to maintain facilities not previously registered with the Council, but can demonstrate by clear and convincing evidence that a recreational boating facility in Type 1 waters pre-existed and has been continuously functional prior to the formation of the Council, the Council may grant a permit provided the applicant can meet the requirements herein. Any assent granted pursuant to this Section shall be recorded in the land evidence records and is transferable to a subsequent owner or purchaser of the subject property, provided however, that all assent conditions are adhered to and the dock is removed at the termination of assent.

c.The unloading of catches by commercial fishing vessels at residential and limited recreational boating facilities is prohibited.

d.The building of structures in addition to the piles/ pile cap / stringer / deck / handrail on a residential or limited recreational boating facility, including but not limited to gazebos, launching ramps, wave fences, boat houses, and storage sheds, is prohibited. However, the construction of boat lifts may be allowed in Type 3, 5, and 6 waters, and in Type 2 waters in accordance with the provisions of § 1.3.1(P) of this Part (Boat Lift and Float Lift Systems).

e.Rhode Island is an EPA designated a No Discharge State; all vessel discharges within State Waters are prohibited.

f.In Type 2 waters, the building of private launching ramps that propose to alter a coastal feature are prohibited, except along manmade shorelines. Where a coastal wetland fronts a manmade shoreline, the building of private launching ramps shall be prohibited. This prohibition does not apply to marinas with Council-approved marina perimeters (MPL).

g.New residential or limited recreational boating facilities are prohibited from having both a fixed T-section or L-section, and a float.

h.Terminal Floats at residential and limited recreational docks in excess of two hundred (200) square feet are prohibited.

i.Residential recreational docks shared by owners of waterfront property are prohibited from exceeding more than two (2) terminal floats and a combined total terminal float area in excess of three hundred (300) square feet.

j.Marine railway systems are prohibited except in association with: a marina; or, a commercial or industrial water dependent activity in type 3, 5 and 6 waters.

k.The installation or use of more than one (1) residential or limited recreational boating facility per lot of record as of October 7, 2012 is prohibited.

l.The construction and use of cribs for residential or limited recreational boating facilities is prohibited when located within coastal wetlands.

8.Standards

a.All new or significantly expanded recreational boating facilities shall be located on site plans that clearly show the mean low water (MLW) and mean high water elevation (MHW) contours. The MLW shall be determined utilizing the “Short Term Tide Measurement” method. The executive director shall have the discretion to require a more accurate method of MLW determination when utilizing the Short-Term Tide Measurement method will not provide accurate results. Guidance for the Short-Term Tide Measurement is available from the CRMC. At the discretion of the executive director, a previously established tidal determination may be utilized if the areas have similar tidal characteristics.

b.All new marinas, docks, piers, bulkheads or any other structure proposed in tidal waters shall be designed and stamped by a registered professional engineer licensed in the State of Rhode Island.

c.All structural elements shall be designed in accordance with Minimum Design Criteria or the Minimum Design Loads for Buildings and Other Structures, current Edition published by the American Society of Civil Engineers (ASCE) or the RI State Building Code as applicable.

d.All new or significantly expanded recreational boating facilities shall comply with the policies and prohibitions of § 1.3.1(R) of this Part (Submerged aquatic vegetation and aquatic habitats of particular concern).

9.Marina standards

a.All new or significantly expanded marina designs shall be in accordance with Table 8 in § 1.3.1(D) of this Part (Minimum Design Criteria), but in no case shall any structural member be designed to withstand less than one hundred (100) year storm frequency, including breaking wave conditions in accordance with ASCE 7 ( Minimum Design Loads For Buildings and Other Structures, 2016) and FEMA Manual 55 (Coastal Construction Manual, 2011) incorporated 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. All design elements including the bathymetry shall be stamped by a Rhode Island registered Rhode Island Professional Engineer. Any reconstruction of an existing marina destroyed by a catastrophic event shall have the piles and float restraint systems designed to meet the one hundred (100) year storm frequency, while other elements shall meet the requirements for a fifty (50) year storm at a minimum.

b.New marinas or any significant expansion of an existing marina shall first submit a Preliminary Determination request. The executive director may waive this requirement for limited marinas when there is minimal expected impact to the resources and no known use conflicts.

(1)In order to minimize the impact of the significant expansion within tidal waters, the preferred mode of expansion shall be dry-stack marina, on the applicant’s property or in areas controlled by the applicant, when consistent with local ordinances.

(2)As part of the requirements under § 1.3.1(A) of this Part (Category B Requirements), the applicant shall state the basis for the number of wet slips requested.

c.In evaluating the facility proposal, the applicant must demonstrate that:

(1)Potential impacts have been or can be avoided to the maximum extent practicable when considering existing technology, infrastructure, logistics, and costs in light of approved project purposes; and

(2)Impacts have been or can be minimized to an extent practicable and appropriate to the scope and degree of those environmental impacts; and

(3)Any unavoidable impacts to aquatic and terrestrial resources have been or will be mitigated to an extent that is practicable and appropriate.

d.The density of in-water vessels shall be greater than thirty (30) vessels per acre (except in destination harbors) within the MPL. If vessel density is less than the limit, reduction of the MPL will be required.

e.Dockage for dry stack vessel loading and temporary storage shall be excluded from the marina density calculations, provided only dry stack vessels and vessels awaiting pump out utilize the area. There shall be no permanent or transient use of the docks used for dry stack vessels or pumpouts.

f.Marina layout and geometry shall utilize existing bathymetry to the greatest extent possible. The layout shall provide for similar size vessels located such that fairway widths can be minimized in areas of smaller vessels. Fairways shall be a minimum of 1.5-times the length of the average vessel length utilizing the fairway.

g.The maximum length of any contiguous dock, both fixed and floating shall be one thousand (1,000) feet for all new or expanded marinas.

h.Sufficient sanitary facilities shall be provided to service the patrons of the marina, in accordance with Table 7 of § 1.3.1(D) of this Part (Minimum Required Sanitary Facilities). The maximum distance from sanitary facilities for any slip shall be within a one thousand (1,000) foot radius from the facilities. This may require more than one sanitary facility location. Portable toilets may be considered sufficient for limited marinas.

i.Marinas with more than two hundred (200) vessels with an average length in excess of thirty-eight (38) feet may be eligible for a reduction in the minimum number of facilities at the discretion of the executive director with an acceptable pump out plan.

(1)Table 7: Minimum required sanitary facilities

Number of Vessels

Toilets

Urinals

Pump Out locations

5 - 25

2

1

1

26-100

3

1

1

101-200

4

2

2

201-250

5

2

3

251-300

6

2

3

j.Marina owners shall submit documentation of compliance with the State of Rhode Island’s requirements of National Fire Protection Association (NFPA) 303 Standard for Marinas and Boatyards from the local or State Fire Official, where appropriate.

k.All electrical installations shall be designed and installed in accordance with the requirements of the NFPA, State building and electrical code. The operations & maintenance plan shall certify that all applicable codes have been met.

l.Sufficient parking shall be provided for the patrons of the marina. A standard of three hundred (300) square feet is required for each parking space; the minimum requirements for the total number of parking spaces provided is one (1) space for each one and one half (1.5) vessel. If parking for dry stack vessels is in the rack space, no additional parking is required. On grade Parking for dry stack shall be at one space for five (5) vessels. Parking for new or expanded marinas in destination harbors shall be one (1) space for every twenty-five (25) vessels of new or expanded slips.

m.A Council Assent for a marina permits the marina operator to undertake minor repairs and alterations of approved facilities without further review, where such repairs or activities will not alter the assented design, capacity, purpose or use of the marina. For the purposes of this Section, the assented design, capacity, purpose or use of the marina shall be those characteristics associated with the physical configuration or construction, numbers and sizes of vessels accommodated at in-water facilities, and nature of operation as defined in the original Council Assent, respectively. Minor repairs and alterations to in-water facilities shall include repair or replacement of dock decking or planks, replacing pilings, extensions of slips and/or finger piers within the perimeter and capacity of the marina as defined within the original Assent, or as established in § 1.3.1(D)(9)(o) of this Part, and other activities of a similar and non-substantial nature. Minor repairs and alterations to upland facilities may take place upon Council approval of an operations and maintenance plan as identified below in § 1.3.1(D)(9)(q) of this Part and shall include grading of parking and launch ramp areas, grouting of seawalls, plumbing and electrical work, maintenance of sidewalks, fences and walkways, flagpole installations, landscaping, signage and other activities of a similar and non-substantial nature. Minor repairs and alterations shall not be construed to include maintenance dredging, alterations, repairs or expansion of shoreline protection facilities, bulkheads, or breakwaters or other activities subject to review under other relevant sections of this program. All minor repairs and alterations shall take place within the assented design of the marina, or marina perimeter as defined in the original Council Assent or as established in accordance with § 1.3.1(D)(9)(o) of this Part. Any repair or replacement of floats for existing marinas shall meet current float design standards.

n.In those instances where the minor repair or alteration would require the use of heavy machinery (such as a pile driver or grader), the Council shall be notified in writing at least ten (10) working days prior to undertaking the work. Notice of repair activities requiring the use of heavy machinery shall include the following:

(1)A statement that the notice is given pursuant to § 1.3.1(D)(9)(n) of this Part;

(2)A description of the proposed repair or alteration to be performed including a statement as to the size and type of materials to be used;

(3)A copy of the original Council Assent or Division of Harbors and Rivers permit under which the proposed repair or alteration is to be performed;

(4)A copy of the site plan from the original Council Assent showing the location of the proposed repair or alteration;

(5)The name of the person on-site responsible for supervising the proposed repair or alteration; and

(6)The anticipated dates on which the proposed repair or alteration shall commence and be completed.

o.All marinas and/or mooring areas shall have a defined perimeter for in-water facilities, which shall describe and limit that area in which the repair or alteration activities described in §§ 1.3.1(D)(9)(m), 1.3.1(D)(9)(n) and 1.3.1(D)(9)(p) of this Part may take place. Operators of marinas may apply to the Council for definition and establishment of this perimeter at any time. Perimeters shall be defined on the basis of in-water facilities in place as of September 30, 1971, or subsequently assented structures. All new or modified Marina Perimeter Limit lines shall be a maximum of ten (10) feet outside of the marina structures. The MPL shall be designated on all plans with the corners designated by their State Plane Coordinates.

p.It is permissible to have vessels berthed at a facility outside of the Marina Perimeter Limit if, in the opinion of the executive director, there are no conflicts with other users, or impacts to resources, or conflicts with the DEM Shellfish Program. All vessels shall be berthed parallel to piers and docks if outside of the MPL. Mediterranean style mooring (vessel perpendicular to the dock at the stern beyond the MPL) may be permissible in destination harbors if the executive director determines that there are no adverse impacts to existing navigation, fishing, commerce or recreational uses.

q.Proposals for the alteration or reconfiguration of in-water facilities such as piers and/or mooring areas shall be reviewed in the following manner:

(1)Alterations to the layout or configuration of in-water facilities within a previously approved MPL which do not increase the number of boats accommodated shall obtain a Certification of Maintenance in accordance with the requirements of § 1.3.1(N) of this Part;

(2)Alterations which propose to increase the number of boats that may be accommodated at the in-water facilities of the marina within twenty-five percent (25%) of the capacity of the marina as defined in the original Council Assent, and do not propose to extend the facility beyond the defined perimeters (established pursuant to the original Council Assent or § 1.3.1(D)(9)(o) of this Part shall be reviewed as Category A applications. The Council's review shall establish that the alterations and/or expansion meet the twenty-five percent (25%) standard, and that the Council's standards for parking and sanitary facilities are met. If the twenty-five percent (25%) increase changes the marina type, the expansion shall be treated as a Category B application and all standards for the new marina designation shall apply; and

(3)Alterations which propose to increase the numbers of vessels accommodated at the in-water facilities beyond 25% of the capacity as defined in the original Council Assent, and/or extend the facility beyond the defined perimeters, or alter the purpose of the facility shall be reviewed as a Category B application. The executive director may allow a onetime expansion of the MPL for limited marinas in Type 2 waters up to twenty-five percent (25%) of the assented/original boat capacity.

(4)Alterations to marinas in Type 2 waters shall have all in-water vessels and dry stack vessels count towards the twenty-five percent (25%) increase in vessel/boat capacity.

r.New marinas and significantly expanded existing marinas must submit a draft operations & maintenance plan with their marina permit application. Existing marinas must submit the plan within one (1) year of the effective date of this regulation. Whenever the marina ownership or leasehold changes, the O&M plan must be revised and resubmitted for approval. Plan approvals are valid for three (3) years without any change in ownership, expansion or major infrastructure work.

s.All O&M plans shall include the information outlined in the guidance document “Marina Operations and Maintenance Plans” by the CRMC.

t.Any Marina that has a “Clean Marina” certification issued by the CRMC will only be required to submit the facility layout plan (plan requirements in guidance Document “Marina Operations and Maintenance Plans” by the CRMC and Clean Marina certification approval letter in lieu of an O&M plan.

u.Any alterations to mooring areas shall be consistent with any CRMC approved municipal harbor management rules, regulations or programs, as defined in § 1.3.1(O) of this Part.

v.All new marina facilities shall be required to install a marine pumpout facility. Any significant expansion or alteration of an existing marina facility that results in greater than or equal to fifty (50) new slips or where adequate pumpout service is not currently available shall be required to install a marine pumpout facility. Any expansion or alteration of an existing marina facility which proposes to increase the number of vessels accommodated at the in-water facilities beyond twenty-five percent (25%) of the capacity as defined in the original Council Assent shall be required to undertake mitigative measures. If twenty-five percent (25%) of the capacity, as defined in the original Council Assent, is greater than or equal to fifty (50) slips, then a marine pumpout facility shall be required. If twenty-five percent (25%) of the capacity, as defined in the original Council Assent, is less than fifty (50) slips, then the Council shall require either the installation of a marine pumpout facility or other suitable mitigation measures. In no case shall the number of pump outs be less than those shown in Table 7 in § 1.3.1(D) of this Part (Minimum Required Sanitary Facilities).

w.If the applicant can demonstrate that there are already enough marine pumpout facilities to serve all of the recreational boating facilities found in the region, then the Council may waive the requirement for a marine pumpout facility and require alternative mitigative measures.

x.All marine pumpout facilities or pumpout stations shall be designed in a manner that serves the boating public. Pumpout facilities shall be located in an accessible location. The dock utilized for the pumpout shall not be available for dockage of any kind beyond the reasonable time for vessel pumpout. In addition, all marine pumpout facilities shall be open for the general public's use. However, marina operators may charge a fair and nondiscriminatory fee to cover the cost of constructing and operating these facilities. Portable pumpouts (including vessel mounted pumpouts) shall only be allowed after a facility has one (1) fixed pumpouts in place that meets all requirements. Portable pumpouts are not considered to satisfy the requirements for a pumpout except in the case of a Limited Marina.

y.All new marina facilities shall meet the setback policies and standards contained in municipal harbor management plans and/or harbor ordinances approved by the Council. However, in all cases marina facilities shall be setback at least fifty (50) feet from approved mooring fields and three times the authorized project depth from federal navigation projects (e.g. navigation channels and anchorage areas).

z.All new or replacement floats shall utilize floatation that was specifically fabricated for marine use and warranted by its manufacturer for such use. Foam billets or foam bead shall not be utilized unless it is completely encapsulated within impact resistant plastic. All existing installations of non-encapsulated floatation shall be replaced at a rate of ten percent (10%) per year (minimum) during normal maintenance. This shall be detailed in the O&M plan. The start of mandatory replacement shall begin in October 2011.

aa.All new marinas (including expansions) and water dependent facilities shall be designed in accordance with the latest Accessible Boating Facilities Guidelines by the United States Access Board promulgated under 36 C.F.R. Part 1191. The number of fully accessible slips shall be in accordance with the latest version of the guidelines, but in no case shall be less than 2% of the facility. Limited Marinas are not required to meet the accessibility guidelines, but are encouraged to do so.

bb.The executive director, in his discretion, shall have the authority to determine which of the above standards shall be applied to Limited Marinas.

10.Launching ramp standards

a.All public launching ramps shall be designed to allow emergency vehicle turning at the top of the ramp. The ramp shall be designed with two (2) areas to allow vessel prep and tie down in close proximity of the haul/launch area. All parking for boat trailers shall be angled only, with a strong preference for pull through parking. All ramps shall have clearly marked parking for car top vessel parking.

b.Ramps shall be constructed at an angle no greater than fifteen percent (15%) from the horizontal. Where upland modification is necessary, the slope will be created, where possible, by cutting back into the upland, rather than by placing fill on a shoreline feature. Ramps shall be approximately even with beach grade.

c.All new or reconstructed public ramps shall extend a sufficient distance inland to prevent washout at the inland edge and shall extend a minimum of four (4) feet beyond extreme low water. Single-lane ramp width shall not be less than fifteen (15) feet.

d.Side slopes of the ramp (above water line) shall be constructed of sloped riprap or, if the slope permits, vegetated.

11.Residential and limited recreational docks, piers, and floats standards

a.All residential and limited recreational dock designs shall be in accordance with Table 8 in § 1.3.1(D) of this Part (Minimum design criteria), but in no case shall any structural member be designed to withstand less than fifty (50) year storm frequency, including breaking wave conditions in accordance ASCE 7 ( Minimum Design Loads For Buildings and Other Structures, 2016) and FEMA Manual 55 (Coastal Construction Manual, 2011) incorporated 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. All design elements including the bathymetry shall be stamped by a Rhode Island registered professional engineer.

b.Applications for all residential and limited recreational boating facilities shall indicate all work associated with these structures including at a minimum: a bottom survey showing water-depth contour lines and sediment types along the length of the proposed structure the seaward and landward extent of any SAV or coastal wetland vegetation present at the site, the permitted/authorized dimensions of any CRMC buffer zone and/or access way, as well as all associated work involved in accessing the proposed facility. All pathways, boardwalks, and cutting or filling of coastal features shall be specified. All such work shall be in accordance with applicable standards in §§ 1.3.1(B) and 1.3.1(C) of this Part. All of the above work shall be certified by a Professional Engineer licensed in the State of Rhode Island.

c.Fixed structures which are for pedestrian access only shall be capable of supporting forty (40) pounds per square foot live load as well as their own dead weight; floating structures shall be capable of supporting a uniform twenty (20) pounds per square foot live load, or a concentrated load of four hundred (400) pounds. A written certification by the designer that the structure is designed to support the above design loads shall be included with the application.

d.No creosote shall be applied to any portion of the structure.

e.A residential or limited recreational boating facility shall be a maximum of four (4) feet wide, whether accessed by a fixed pier or float. The terminal float size shall not exceed one hundred fifty (150) square feet and may be reviewed as a Category A application. Residential boating facilities shared by owners of waterfront property may have a maximum of two (2) terminal floats not to exceed a combined total terminal float area of three hundred (300) square feet. Such applications may be reviewed as a Category A application. In excessive fetch areas only, the terminal float size shall not exceed two hundred (200) square feet and shall be reviewed as a Category B application. The combined terminal float size for shared residential boating facilities shall not exceed three hundred (300) square feet regardless of fetch. In the absence of a terminal float, a residential boating facility may include a fixed terminal T or L section, no greater than four (4) by twenty (20) feet in size.

f.All new or replacement floats shall utilize floatation that was specifically fabricated for marine use and warranted by its manufacturer for such use. Foam billets or foam bead shall not be utilized unless they are completely encapsulated within impact resistant plastic.

g.Where possible, residential boating facilities shall avoid crossing coastal wetlands. In accordance with§ 1.3.1(Q) of this Part, those structures that propose to extend beyond the limit of emergent vegetative wetlands are considered residential boating facilities. Facilities shall be located along the shoreline so as to span the minimal amount of wetland possible. Facilities spanning wetlands shall be elevated a minimum of four (4) feet above the marsh substrate to the bottom of the stringers, or constructed at a 1:1 height to width ratio. Construction in a coastal wetland shall be accomplished by working out from completed sections. When pilings are placed within coastal wetlands, only the immediate area of piling penetration may be disturbed. Pilings should be spaced so as to minimize the amount of wetland disturbance. No construction equipment shall traverse the wetland while the facility is being built.

h.Owners are required to maintain their facilities in good working condition. Facilities may not be abandoned. The owner shall remove from tidal waters and coastal features any structure or portions of structures which are destroyed in any natural or man-induced manner. CRMC authorization for a recreational boating facility allows a dock owner to undertake minor repairs of approved facilities without further review, where such repairs will not alter the assented and/or permitted design, capacity, purpose or use of the facility. For the purposes of this policy, minor repairs shall include the repair or replacement of dock decking or planks, hand railings and support, and other activities of a similar and non-substantial nature. Minor repairs do not include alterations to the approved design of the facility, expansion of the facility, or work requiring the use of heavy machinery, such as a pile driver; these activities require that a Certification of Maintenance be obtained from the Council.

i.Float ramps and other marine appurtenances or equipment shall not be stored on a coastal feature or any area designated as a CRMC buffer zone.

j.The use of cribs for structural support shall be avoided. The use of cribs as support in tidal waters may be permitted given certain environmental design considerations. However, in these instances the size and square footage shall be minimized and not exceed six (6) feet by six (6) feet in footprint dimension and the structure cannot pose a hazard to navigation. When cribs are permitted for structural support, they must be removed when the useful life of the structure has ceased (e.g. the structure is no longer used as a means of accessing tidal waters).

k.Residential and limited recreational boating facilities shall not intrude into the area within twenty-five (25) feet of an extension of abutting property lines unless:

(1)It is to be common structure for two or more adjoining owners, concurrently applying or

(2)A letter or letters of no objection from the affected owner or owners are forwarded to the CRMC with the application.

(3)In the event that the applicant must seek a variance to this standard, the variance request must include a plan prepared by a RI registered Land Surveyor which depicts the relationship of the proposed facility to the effected property line(s) and their extensions. Following construction the applicant shall submit an as-built plan stamped by a RI registered land surveyor showing the as-built location along with the CRMC designer’s dock as-built form required by § 1.3.1(D)(11)(t) of this Part. Any discrepancy from the CRMC approved dock location will require relocation of the dock to the approved location.

l.Residential and limited recreational boating facilities shall not extend beyond that point which is:

(1)Twenty-five percent (25%) of the distance to the opposite shore (measured from mean low water), or

(2)Fifty (50) feet seaward of mean low water, whichever is the lesser.

m.All residential and limited recreational docks, piers, and floats shall meet the setback policies and standards contained in municipal harbor management plans and/or harbor ordinances approved by the Council. However, in all cases, residential and limited recreational docks, piers, and floats shall be setback at least fifty (50) feet from approved mooring fields and three-times the U.S. Army Corps of Engineers authorized project depth from federal navigation projects (e.g., navigation channels and anchorage areas).

n.No sewage, refuse, or waste of any kind may be discharged from the facility or from any vessel utilizing it.

o.A Council Assent for a residential or limited recreational boating facility permits the owner to undertake minor repairs of approved facilities without further review, where such repairs will not alter the assented and/or permitted design, capacity, purpose or use of the facility. For the purposes of this Section, minor repairs shall include the repair or replacement of dock decking or planks, hand railings and support, and other activities of a similar and non-substantial nature. Minor repairs do not include alterations to the approved design of the facility, expansion of the facility, or work requiring the use of heavy machinery (such as a pile driver); these activities require that a Certification of Maintenance be obtained from the Council in accordance with § 1.3.1(N) of this Part. Residential boating facilities shall be in continuous and uninterrupted use to meet this standard, in accordance with permit conditions.

p.Materials used for the construction of residential and limited recreational boating facilities shall not include steel or concrete piles.

q.The surface of the dock, pier and float shall be designed in a manner which provides safe traction and allows for the appropriate drainage of water.

r.Geologic site conditions shall exist which are appropriate for driven pile structural support.

s.As part of a residential or limited recreational boating facility, the terminal float may be designed such that it facilitates the access of small vessels such as kayaks, dinghies, personal water craft, etc., onto the float, provided that all other programmatic requirements are met. Mechanical apparatus to accomplish this shall not exceed twenty-four (24) inches in height from the top of the float.

t.All applicants for residential and limited recreational docks shall submit the CRMC designer’s dock as-built form and an as-built survey within thirty (30) days following construction. The as-built survey shall show the following:

(1)Location of the dock in relation to the property lines;

(2)The most seaward end of the dock marked in state plane coordinates; and

(3)The as-built length and width including all terminal floats and boat lifts.

u.Recreational boating facilities other than marinas and those facilities associated with residential development, where applicable, shall follow the design standards contained herein including those described in Table 8 in § 1.3.1(D) of this Part.

v.Lateral access shall be provided under, around or over as appropriate for the site conditions at all new residential docks.

w.In order to minimize impacts to existing areas of submerged aquatic vegetation (SAV) habitat, new residential boating facilities or modifications to existing residential boating facilities shall be designed in accordance with the guidelines and standards contained within § 1.3.1(R) of this Part, as most recently revised. Facilities shall be located along the shoreline so as to impact the minimal amount of habitat possible.

x.The long-term docking of vessels at a recreational boating facility shall be prohibited over SAV. Such facilities shall be used for touch and go only.

y.All residential and limited recreational boating facilities must have affixed to them a registration plate and number located on the seaward face of the most seaward piling. If a facility does not have pilings and/or is generally a floating structure, or is built on crib supports, then the registration plate must be affixed to the seaward face of the most seaward dock or floating dock. Regardless of the type of residential or limited recreational boating facility structure, the registration plate and number must be permanently affixed to the facility on its most seaward face and be visible from the navigation channel or fairway to the structure at all times.

z.Table 8: Minimum design criteria

Min. pile tip diameter

10”

Min/max float freeboard

8”/30”

Min. pile butt diameter

12”

Maximum fetch for residential docks

4 miles

Marina minimum pile embedment

15 feet

Minimum stringer/Joist

3”x10”

Residential minimum pile embedment

10 feet

Minimum through bolt hardware diameter – hot dipped galvanized

¾”

Minimum marina deck and float load

60 psf LL

500 lb concentrated

Minimum cross bracing

3”x10”

Residential deck load

40 PSF LL

400 LB concentrated

Minimum lag bolt diameter

½”

Min float freeboard

*including LL and DL

12”

Minimum water depth at the terminus of recreational boating facilities

18” MLW

Design wind loads

wind gust based on 50 year return and natural period of 60 seconds

Required datum

MLW

Wave conditions (min)

All fixed and floating structure shall be designed for a 3’ minimum

Min pile cut off

V zone elevation + float freeboard + 1’

12.Residential and limited recreational docks with excessive fetch standards

a.A location shall be considered to have excessive fetch if there is a twenty degree (20º) sector over four (4) miles in any direction in which wind can blow over the water to generate waves.

b.Boat lifts, suitably designed and installed, are encouraged for docks with excessive fetch.

c.Residential and limited recreational docks with excessive fetch shall provide uplift calculations as part of the required calculation package.

d.All structural elements, including the boat lift, shall be designed to withstand the one hundred (100) year storm frequency, including breaking wave conditions in accordance with ASCE 7 (Minimum Design Loads For Buildings and Other Structures, 2016) and FEMA Manual 55 (Coastal Construction Manual, 2011) incorporated 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.

e.All residential and limited recreational docks with excessive fetch shall have an as-built plan on file with the CRMC within thirty (30) days of construction that certifies conformance with the approved plans.

f.All residential and limited recreational docks with excessive fetch shall be inspected and certified every five (5) years by a Registered Professional Engineer licensed in Rhode Island that all elements of the dock and lift system meet the requirements of ASCE 7 (Minimum Design Loads For Buildings and Other Structures, 2016) or FEMA Manual 55 (Coastal Construction Manual, 2011) incorporated 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.

13.Residential and limited recreational boating facilities – Violations

a.If a registration plate is not present on a recreational boating facility structure, the CRMC will inform the owner in writing that the owner must secure a registration plate on the dock in accordance with the requirements herein. The dock owner will have 45 days to respond to this written notice. The CRMC may invoke enforcement actions and its fine and fee schedules as specified below.

b.Enforcement actions shall be registered on land evidence records. Upon proof that an enforcement action has been satisfactorily addressed by a property owner in violation of these provisions, the CRMC will notify the property owner in writing that the violation may be removed from the land evidence records. The property owner may then cause the enforcement action to be removed from the land evidence records and shall notify the CRMC and show proof of such removal by registered letter.

c.Each issuance of violation is considered to be a new violation, and subject to the following fine schedule.

14.Residential and limited recreational boating facilities – Fine schedule

a.Registration plate not posted: $1,000

b.Use of plate not registered to dock: $1,000

c.Non-compliance with assent/permit stipulations: Up to $1,000

d.Non-compliance with § 1.3.1(D) of this Part: Up to: $1,000

e.Each subsequent violation: Up to: $1,000 per violation

f.Lost or stolen plates not reported within 60 days: $100

E.Mooring and anchoring of houseboats and floating businesses

1.Policies

a.The Council considers that placement of houseboats and floating businesses in tidal waters is a low priority use of any coastal water body and is acceptable only in limited numbers and in specific areas. Houseboats and floating businesses are not classified as water dependent, since it is not their primary purpose to serve as a means of on water transportation or recreation.

b.When in transit, a houseboat or floating business is considered a boat or vessel and must meet all applicable state and Coast Guard standards and regulations.

c.A Council Assent for a floating business shall include a lease with the Council that shall be determined using fair market value lease rates for the adjacent upland value so that a proper evaluation of uses can be made.

2.Prohibitions

a.Houseboats and floating businesses are prohibited from berthing or mooring in coastal ponds pursuant to R.I. Gen. Laws § 46-22-9.1, and in all Type 1 and 2 waters.

b.Houseboats are prohibited from mooring or anchoring in all other tidal waters of the state unless within the boundaries of a marina.

c.Floating businesses are prohibited from mooring or anchoring in the tidal waters of the state unless within the boundaries of a marina or a port.

d.Discharge of sanitary sewage to tidal waters from houseboats or floating businesses using marina or port facilities by devices other than approved by the Coast Guard is prohibited.

3.Additional Category B requirements

a.Applicants for floating businesses shall:

(1)Demonstrate that there will be no significant deterioration in the quality of the water in the immediate vicinity;

(2)Demonstrate that there will be no significant conflict with such water-dependent uses and activities as recreational boating, fishing, navigation, commerce, and aesthetic enjoyment of the waterfront; and

(3)Demonstrate that there will be no significant conflict with riparian rights or harbor lines.

4.Standards

a.Applicants for either houseboats or floating businesses shall meet all pertinent standards given in § 1.3.1(D) of this Part under standards for residential docks, piers, and floats.

b.Houseboats and floating businesses shall tie into marina or port holding tank pumpout facilities where available.

F.Treatment of sewage and stormwater

1.Policies

a.It is the Council's policy to maintain and, where possible, improve the quality of coastal wetlands, contiguous freshwater wetlands, freshwater wetlands in the vicinity of the coast, groundwater resources and tidal and salt pond surface waters. In so doing, the Council requires the use of low impact development (LID) strategies as the primary method of stormwater management to reduce the volume of stormwater runoff to surface waters, recharge groundwater supplies, and improve overall water quality.

b.It is the Council's policy to minimize the amount of onsite wastewater treatment system (OWTS) derived nitrates and other potential contaminants which may leach into salt ponds and all other Type 1, 2, and 3 waters.

c.The Council encourages applicants for a CRMC Assent to install, alter or repair an OWTS to meet on site with CRMC staff prior to undertaking of OWTS groundwater and soil tests to discuss the location of the system and buffer zones, where applicable.

d.It is the Council's policy to require the proper management and treatment of stormwater through the preparation and implementation of a stormwater management plan in accordance with the most recent version of RIDEM Rhode Island Stormwater Design and Installation Standards Manual, and which satisfies the requirements of the RICRMP and any applicable Special Area Management Plan.

e.The most recent version of the RIDEM Rhode Island Stormwater Design and Installation Standards Manual provides the appropriate methods for the preparation of stormwater management plans and the treatment of stormwater using LID practices and methods within the CRMC's jurisdiction. The Council also recognizes that the most recent version of the Rhode Island Soil and Erosion and Sediment Control Handbook (http://www.dem.ri.gov/programs/water/permits/ripdes/stormwater/soil-erosion.php), and its amendments, published jointly by the Rhode Island Department of Environmental Management and the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) provides additional guidance and supplemental information with respect to the management and treatment of stormwater.

f.It is the Council’s policy that all stormwater management plans shall take into consideration all potential impacts associated with the discharge of stormwater runoff into the coastal environment. Potential impacts include, but are not limited to, the following:

(1)Impacts to salt marshes such as changes in species composition due to the introduction of freshwater to high marsh areas;

(2)Changes in the salinity of receiving waters;

(3)Thermal impacts to receiving waters;

(4)The effects of introducing stormwater runoff to receiving waters with low dissolved oxygen concentrations; and

(5)Other potential water quality impacts.

g.The Council’s policy is to ensure that all projects are planned, designed, and developed in order to:

(1)Protect areas that provide important water quality benefits and/or are particularly susceptible to erosion and sediment loss;

(2)Limit increases of impervious surface areas, except where absolutely necessary;

(3)Limit land disturbance activities such as clearing and grading and cut and fill to reduce erosion and sediment loss; and

(4)Limit disturbance of natural drainage features and vegetation. Additionally, stormwater management practices should be designed as landscape amenities to include native plant species on project sites. The Council recommends applicants to use the “Rhode Island Coastal Plant Guide,” an interactive, web-based plant list prepared by the URI Cooperative Extension Education Center in consultation with the CRMC and available online at: .

h.To show that a proposed development has met a standard to the maximum extent practicable, the applicant must demonstrate the following:

(1)All reasonable efforts have been made to meet the standard in accordance with current local, state, and federal regulations;

(2)A complete evaluation of all possible management measures has been performed; and

(3)If full compliance cannot be achieved, the highest practicable level of management is being implemented.

2.Prerequisites

a.Applicants seeking a Council Assents to construct, alter, or repair onsite wastewater treatment systems or point source discharges shall first obtain the requisite permit(s) from the Department of Environmental Management.

b.The discharge standards, effluent limitations and pretreatment standards established for the discharge of pollutants to waters of the State under the Rhode Island Pollutant Discharge Elimination System (RIPDES) program, and administered by the Department of Environmental Management (DEM), are the State’s water pollution control requirements. Applicants for projects for which an Individual RIPDES Permit is required shall obtain said permit from DEM and submit the Individual RIPDES Permit with the CRMC Assent application. Note: Projects that are eligible to submit a Notice of Intent (NOI) for coverage under a RIPDES General Permit are not required to submit the RIPDES Authorization with the CRMC Assent application. Applicants for such projects, however, are encouraged to file a Notice of Intent (NOI) with DEM concurrently with their CRMC application to allow a coordinated review between the agencies.

c.The Council shall formally review proposed actions only after all other applicable state/local requirements have or will be met. The Council, however, will comment on preliminary plans for major facilities to assist in the planning process.

d.The Executive Director or the Council may require that an applicant obtain a DEM System Suitability Determination, as provided in the DEM OWTS Rules (250-RICR-150-10-6), for onsite wastewater treatment systems that pre-date 1968.

3.Prohibitions

a.Point source discharges of sewage and/or stormwater runoff are prohibited on unconsolidated coastal banks and bluffs.

b.New and enlarged stormwater discharges to the high salt marsh environment bordering Type 1 and Type 2 waters and within salt marshes designated for preservation which border Type 3, 4, 5, and 6 waters are prohibited. Stormwater discharges to existing well flushed tidal channels within high marshes shall not be subject to this prohibition. All such discharges, however, shall meet the applicable standards contained herein.

c.Point source discharges of sewage are prohibited in Type 1 waters.

4.Standards

a.For Onsite Wastewater Treatment Systems (OWTS):

(1)See standards in § 1.3.1(B) of this Part (Filling, removing, or grading).

(2)The construction, repair or alteration of all OWTS and components shall conform to the standards set forth in the most recent RIDEM Rules Establishing Minimum Standards relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems promulgated by the Department of Environmental Management (referred to herein as DEM OWTS Rules (250-RICR-150-10-6)).

(3)Site grading around the OWTS shall direct the flow of surface runoff water away from the OWTS and meet all applicable requirements of the DEM OWTS Rules.

(4)Sub-drains constructed to lower groundwater levels in an area where an OWTS will be located shall:

(AA)Conform to all applicable DEM rules;

(BB)Have no piping located between the anticipated OWTS and the shoreline; and

(CC)Have exposed outfalls suitably protected against shoreline erosion and scour.

(5)When new construction, renovation or a change of use is proposed for existing buildings, an OWTS Suitability Determination shall be obtained by the applicant from the Department of Environmental Management to indicate that the existing OWTS meets all applicable DEM OWTS Rules or the applicant shall submit a building official document indicating that a DEM OWTS Suitability Determination is not required.

(6)Connections to OWTS and cesspools that are abandoned shall be removed, blocked, or otherwise disconnected, and abandoned cesspools and septic tanks shall be pumped dry and filled with clean fill in accordance with all applicable DEM OWTS Rules.

(7)Where necessary, barriers shall be constructed to prevent vehicles from passing or parking over septic systems, unless permissible in accordance with DEM OWTS Rules.

(8)The repair of OWTS along the Rhode Island south shore from Watch Hill to Narragansett shall conform to the DEM “OWTS Repair Guidance in Critical Erosion Areas.”

b.The requirements of the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8) shall apply to all CRMC applications.

c.For stormwater management the Council requires, in accordance with the “Smart Development for a Cleaner Bay Act of 2007” (see R.I. Gen. Laws Chapter 45-61.2), that all applicable projects meet the following requirements:

(1)Maintain pre-development groundwater recharge and infiltration on site to the maximum extent practicable;

(2)Demonstrate that post-construction stormwater runoff is controlled, and that post-development peak discharge rates do not exceed pre-development peak discharge rates; and

(3)Use low impact-design techniques as the primary method of stormwater control to the maximum extent practicable.

d.Residential, commercial, industrial or public recreational structures as defined in § 1.3.1(C) of this Part shall provide treatment and management of stormwater runoff for all new structural footprint expansions, including building rooftops, greater than six (600) hundred square feet in size and any new impervious pavement, driveways, sidewalks, or parking areas, regardless of size. Applicable projects shall submit a stormwater management plan that demonstrates compliance with the eleven (11) minimum stormwater management standards and performance criteria as detailed in the most recent version of the RIDEM Rhode Island Stormwater Design and Installation Standards Manual. Single-family dwelling projects, however, may meet these provisions as detailed below in §§ 1.3.1(F)(3)(h) and (i) of this Part, below.

e.Roadways, highways, bridges, and other projects subject to § 1.3.1(M) of this Part shall provide treatment and management of stormwater runoff for all new impervious surfaces. These projects shall submit a stormwater management plan that demonstrates compliance with the eleven (11) minimum stormwater management standards and performance criteria as detailed in the most recent version of the RIDEM Rhode Island Stormwater Design and Installation Standards Manual. Any improvement projects to existing roads, highways and bridges and other projects subject to § 1.3.1(M) of this Part that result in the creation of new impervious surfaces shall provide treatment and management of stormwater as above for all new impervious surfaces. Maintenance activities such as pavement resurfacing projects, replacement of existing drainage systems, minor roadway repairs, or emergency roadway and drainage repairs are excluded from these requirements provided the project does not result in an expansion of the existing impervious surface area, new or enlarged stormwater discharges, or the removal of roadway materials down to the erodible soil surface of ten thousand (10,000) square feet or more of existing impervious area.

f.Unless exempted as a maintenance activity herein, any redevelopment that disturbs ten thousand (10,000) square feet or more of existing impervious surface coverage shall comply with Minimum Stormwater Standard 6: Redevelopment and Infill Projects of the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8). Maintenance activities subject to § 1.3.1(N) of this Part are excluded from these requirements provided there is no expansion of the existing impervious surface area and no new or enlarged stormwater discharges resulting from the maintenance activity.

g.All stormwater management plans shall take into consideration potential impacts associated with the discharge of stormwater runoff into the coastal environment. Applicants shall address these potential impacts to include, but not limited to, the following:

(1)Impacts to coastal wetlands such as changes in species composition due to the introduction of freshwater to high marsh areas;

(2)Changes in the salinity of tidal receiving waters;

(3)Thermal impacts to receiving waters;

(4)Effects of introducing stormwater runoff to receiving waters that have low dissolved oxygen concentrations; and

(5)Other potential water quality impacts as may be identified by CRMC staff.

h.Applicants for single-family residential dwellings and accessory structures shall treat the stormwater runoff water quality volume (WQv) from all new building rooftops greater than six (600) hundred square feet in size and any new impervious driveways and parking areas, regardless of size. All dwelling and accessory structure rooftop expansions constructed within a twelve (12) month period shall be counted towards the six hundred (600) square foot threshold. Once the six hundred (600) square foot threshold is exceeded, stormwater management must be provided for all rooftop expansions constructed within that 12-month period. Applicants for single-family dwelling projects may use the design guidance and performance criteria in the most recent version of the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8) or the most recent version of the RI Stormwater Management Guidance for Individual Single-Family Residential Lot Development. Applicants for single-family dwellings and accessory structures on CRMC-designated barriers shall manage stormwater runoff as provided in § 1.3.1(F)(4)(i) of this Part below. Pretreatment of stormwater runoff is not required for single-family residential applications.

i.Applicants for single-family dwellings and accessory structures located on CRMC-designated barriers shall manage stormwater runoff as follows:

(1)Runoff from rooftops shall be directed by non-erosive sheet flow onto vegetated areas surrounding the dwelling or accessory structure; and

(2)Construction of driveway and parking surfaces shall be limited to crushed stone, crushed shell, open plastic grid systems filled with sand, gravel or vegetation, or any combination of the preceding, to prevent damage to other properties during major storm events. Stormwater runoff shall be directed by non-erosive sheet flow onto vegetated areas alongside the driveway or parking area.

j.New or enlarged stormwater discharges to salt marshes and well flushed tidal channels within high marshes shall only be permitted when the applicant can clearly demonstrate that no reasonable alternatives exist (e.g., no other discharge locations having a gravity flow outlet are available and impervious surfaces have been kept to an absolute minimum) and when no adverse impacts to the salt marsh will result. In these instances, the applicant shall meet all applicable standards contained in the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8). This standard does not apply to low salt marsh environments with an average width along the property of less than thirty-five (35) feet.

k.Stormwater open drainage and pipe conveyance systems must be designed to provide adequate passage for flows leading to, from, and through stormwater management facilities for at least the ten (10) year, twenty-four (24) hour Type III storm event. Applicants may not be required to control post-development peak discharge rates at pre-development peak discharge rates provided the project design provides for non-erosive stormwater discharges to tidal waters.

l.Applicants may be required to submit a pollutant loading analysis to demonstrate that a proposed project will not unduly contribute to, or cause, water resource degradation when such projects are located in sensitive coastal resource areas. When a pollutant loading analysis is required, the applicant shall use the method detailed in the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8). If the Council determines that any proposed stormwater discharge will result in an unacceptable discharge of pollutants to the tidal waters of Rhode Island, the Council shall require the applicant to mitigate the pollutant loads to acceptable levels using the practices detailed in the stormwater rules. Frequently, this can be accomplished using these practices in series to achieve higher pollutant removal efficiencies.

m.The use of proprietary hydrodynamic (swirl) separator or filter devices shall be limited to pre-treatment applications only, unless the device has met the requirements of the Technology Assessment Protocol (TAP) as detailed in the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8). The CRMC may, however, approve such devices in situations where end-of-pipe retrofit solutions are the only alternative available when site constraints limit the use of standard low impact development methods for the treatment and management of stormwater runoff. In such circumstances, however, the use of such proprietary devices shall conform to the standards and performance criteria set forth in the most recent version of the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8) to the maximum extent practicable.

n.For outfalls:

(1)Work on outfalls, drainage channels, etc., shall proceed from the shoreline toward the upland in order that no unfinished or un-stabilized lower channel portions be subjected to erosion-producing velocities from upstream. If this cannot be accomplished, all flow shall be diverted from the unfinished areas until stabilization is completed.

(2)Where possible, outfall pipe slopes shall be designed for an exit velocity of less than five (5) feet per second.

(3)Screens or grates shall be placed over the end of large outfalls to trap debris.

(4)Beaches or other coastal features in front of outfalls shall be returned to original grade.

(5)Riprap placed on beaches shall not increase the grade of the beach higher than one foot in order to maintain lateral access below mean high water.

(6)Riprap shall be compact, hard, durable, angular stone, with an approximate unit weight of one hundred sixty-five (165) lbs./cubic foot.

(7)Riprap shall be placed with an adequate bedding of crushed rock or other suitable filtering material.

o.Applicants with new or modified single-family dwelling projects subject to the stormwater management provisions herein shall submit the following information:

(1)8.5 x 11 inch site plan depicting the location of all structural stormwater (LID or otherwise) components; and

(2)Operation & Maintenance Plan consistent with CRMC guidance to ensure long-term maintenance and operation of the stormwater structural practice(s) on the site.

p.Applicants for all other projects subject to the stormwater management provisions herein shall submit the following information:

(1)8.5 x 11 inch site plan depicting the location of all structural stormwater (LID or otherwise) components;

(2)Operation & Maintenance Plan that meets the specifications detailed in the most recent version of the RIDEM Rhode Island Stormwater Design and Installation Standards Manual; and

(3)Following completion of the approved project, a post-construction certification by a Rhode Island registered P.E. and Rhode Island registered Landscape Architect, where required, demonstrating that all stormwater structures, LID components, and requisite planting materials necessary for the function of the stormwater management system were installed in accordance with the approved permit, specifications and approved site plans.

G.Shoreline protection

1.Policies

a.The Council prefers nonstructural shoreline protection methods over all other shoreline protection methods for controlling erosion such as stabilization with vegetation and beach nourishment due to their effectiveness in preserving beaches, natural shoreline habitats and sediment dynamics.

b.In most cases the Council prefers hybrid shoreline protection methods over structural shoreline protection methods due to their effectiveness in preserving beaches, natural shoreline habitats and sediment dynamics as compared to structural shoreline protection.

c.Where structural shoreline protection may be authorized riprap revetments are preferred to vertical steel, timber, or concrete seawalls and bulkheads except where vertical structures may be proposed to service ports, marinas and other water dependent uses bordering Types 3, 5 and 6 waters. All of these forms of structural shoreline protection are considered to be permanent, not temporary structures.

d.When structural shoreline protection is proposed, the Council shall require that the owner exhaust all reasonable and practical alternatives including, but not limited to, the relocation of the structure(s) intended to be protected, landward re-contouring of the shoreline to create a more dissipative profile, and nonstructural and hybrid shoreline protection methods.

e.Any sheet pile walls, concrete or stone walls, or other structures that are located within the fifty (50) foot minimum setback or the erosion setback pursuant to § 1.1.9 of this Part and which would extend to a depth below grade to protect land or structures from active or future shoreline erosion shall be defined as structural shoreline protection. Such structures shall comply with the policies, prerequisites, prohibitions, and standards of this Part.

f.Pursuant to § 1.3.6 of this Part, new shoreline protection shall be designed and constructed to not unreasonably interfere with the public’s right to lateral shoreline access, as the public has a right to lateral access along the shoreline as provided within the Rhode Island Constitution. It is the Council’s policy to require applicants to provide appropriate on-site access of a similar type and level to that which will be impacted by the project.

2.Prerequisites

a.Permits for hybrid or structural shoreline protection projects with any portion of the project located below the high tide line must be obtained concurrently from the Army Corps of Engineers and the CRMC. Army Corps and CRMC requirements are designed to complement one another; applicants should consider the requirements of both agencies when beginning the permit process. In some cases, the CRMC may require an applicant to obtain applicable Army Corps of Engineers permits prior to applying to the Council. A CRMC Assent is not valid unless the applicant has received all required Army Corps of Engineers approvals. For purposes of federal consistency the CRMC shall require applicants to submit a copy of the completed Army Corps of Engineers application to the CRMC to partially fulfill the federal requirements pursuant to 15 C.F.R. § 930.

b.Hybrid or structural shoreline protection projects that require an Army Corps of Engineers permit or that are located below the high tide line also require a RI Department of Environmental Management water quality certification. A CRMC assent is not valid unless the applicant has received all required RI Department of Environmental Management approvals.

3.Prohibitions

a.The Council shall prohibit new hybrid and structural shoreline protection on barriers classified by the CRMC as undeveloped, moderately developed, and developed as well as shorelines abutting Type 1 waters, unless the shoreline is determined by the CRMC to be a manmade shoreline as defined within § 1.1.2 of this Part or is permissible under § 3.4.12 of this Subchapter.

b.The Council shall prohibit the use of hybrid or structural shoreline protection to protect undeveloped land or structures not integral to the primary structure.

c.Filling on a coastal feature or tidal waters beyond that which is consistent with § 1.3.1(G)(5)(a) of this Part is prohibited.

d.Shoreline protection is prohibited when proposed to be used to regain property lost through historical erosion or storm events, unless the project is a marsh sill designed for wave attenuation as part of a marsh creation, enhancement, or restoration project.

e.The construction of new seawalls and bulkheads is prohibited, except for shorelines bordering Types 3, 5 and 6 waters where the proposed seawall or bulkhead directly serves a water-dependent use or where an applicant demonstrates to the satisfaction of the CRMC that there is no technically feasible alternative.

4.Additional Category B Requirements

a.Applicants for new hybrid shoreline protection shall, on the basis of sound professional information, demonstrate in writing all of the following:

(1)An erosion hazard exists due to natural erosion processes and the proposed hybrid shoreline protection has a reasonable probability of controlling this erosion problem;

(2)Nonstructural shoreline protection has not worked in the past or will not work in the future because these methods are not suitable for the site conditions;

(3)There are no practical or reasonable alternatives to the proposed activity such as the relocation of existing structures that would relieve the need for hybrid shoreline protection;

(4)The proposed practice is not likely to increase erosion or disrupt shoreline sediment dynamics that sustain adjacent natural shoreline features and the stability of the shoreline on either side of the project;

(5)Describe the long-term maintenance plan for the hybrid shoreline protection project including addressing storm damage; and

(6)Plans for hybrid shoreline protection practices shall be prepared by an appropriate design professional (e.g., registered professional engineer, landscape architect or land surveyor).

b.Applicants for structural shoreline protection measures to control erosion shall, on the basis of sound professional information, demonstrate in writing all of the following:

(1)An erosion hazard exists due to natural erosion processes and the proposed structural shoreline protection has a reasonable probability of controlling this erosion problem;

(2)Nonstructural and hybrid shoreline protection has not worked in the past or will not work in the future because these methods are not suitable for the present site conditions;

(3)There are no practical or reasonable alternatives to the proposed activity such as the relocation of existing structures that mitigate the need for structural shoreline protection;

(4)The proposed structure is not likely to increase erosion or disrupt shoreline sediment dynamics that sustain adjacent natural shoreline features, or adversely affect the stability of the shoreline on either side of the project;

(6)Describe the long-term maintenance program for the structure including storm damage, the ability to rebuild the structure following storm damage and financial commitments to pay for said maintenance;

(7)New structural shoreline protection shall be designed and certified by a registered professional engineer; and

(8)Describe all likely impacts that the structural shoreline protection may have on the continued public lateral beach access. If lateral public access will be impacted at any time, a lateral public access plan shall be provided, except where preempted by federal law (e.g., U.S. Coast Guard Maritime Security (MARSEC)).

c.Applicants for breakwaters and jetties in addition to § 1.3.1(G)(a) and (b) of this Part above shall demonstrate that the proposed structure is necessary to provide protection to a marina, port facility, public mooring area, or public beach area.

d.Applicants for breakwaters and jetties shall also provide an evaluation of the structure's potential for interrupting the longshore movements of sediment. If such an interruption is likely to be significant, the applicant shall design a sand bypass system or another measure that will assure that the effects on sediment transport shall not cause significant erosion or interrupt sediment supply to adjacent natural shoreline features. Where it is determined a sand bypass system is necessary, but will not be practicable or functional considering the site conditions, the Council may deny an application for a breakwater or jetty.

e.Repair or reconstruction of all structures on the subject parcel that are physically destroyed fifty percent (50%) or more by wind, storm surge, waves or other coastal processes shall require a new Council Assent.

5.Standards

a.All applicable standards for earthwork in § 1.3.1(B) of this Part shall be met. The base of the seawall, bulkhead, revetment or toe-of-slope protection for hybrid shoreline protection must be located as close as practicable to the shoreline feature it is designed to protect. Nonstructural, hybrid and structural shoreline protection shall be placed landward of coastal wetlands unless the project is a marsh sill designed for wave attenuation as part of a marsh creation, enhancement, or restoration project.

b.The ends of nonstructural, hybrid and shoreline protection structures shall be tied into adjacent structures. Where there are no adjacent structures, the new structure shall gradually return to the slope of the feature and be so designed to minimize erosion around the back of the structure.

c.For a practice to be considered hybrid shoreline protection, stone may only be used for toe-of-slope protection or intertidal sill creation. For the purposes of this Section, toe-of-slope protection shall not extend more than two (2) feet vertically from the bottom of the bank or scarp along low energy shorelines (i.e., fetch less than 1.5 miles) and four (4) feet vertically from the bottom of the bank or scarp along high energy shorelines (i.e., fetch greater than 1.5 miles). Stone may be gathered from the coastal beach directly in front of and no more than twenty-five (25) feet seaward of the proposed hybrid shoreline protection to be used for toe-of-slope protection or intertidal sill construction. However, no materials may be gathered seaward of the mean high water elevation.

d.All anchoring and connecting components of non-structural, hybrid and structural shoreline protection shall be clearly shown on site plans. All anchoring and connecting components shall be removed upon exposure unless being repaired or replaced as part of CRMC approved maintenance.

e.The base of all shoreline protection built on unconsolidated sediments shall extend to a depth equivalent to mean low water or to an appropriate depth as determined by the methods detailed in the most recent version of the U.S. Army Corps of Engineers Coastal Engineering Manual. Where practicable, the base shall extend to a depth of three (3) feet below the area of disturbance.

f.To promote good drainage behind seawalls and bulkheads, and to minimize the flow of sediment into waterways and avoid the loss of backfill, all backfill must contain less than ten percent (10%) silt. If sediment in the area is fine grained, a filtering layer shall be placed behind and/or beneath the structure, consisting of suitably graded stone or rock chips or geotextile filter fabric. Weep holes shall be provided for drainage in sea walls and bulkheads. The use of grout or concrete within, behind, or over revetments is not permitted.

g.Where feasible, the areas in back of the structural shoreline protection shall be level for a distance equivalent to its height.

h.The slope of revetments shall not exceed 1:1 and the slope of non-structural and non-structural components of hybrid shoreline protection and associated soil shall not exceed 2:1.

i.Riprap revetments shall be constructed of angular stone with a minimum unit weight of 165 lbs./cubic foot (such as granite). The size of stone shall be dependent upon the site's exposure to wave energy in accordance with the US Army Corps of Engineers Coastal Engineering Manual.

j.Applications for structural shoreline protection shall be designed and stamped by a registered professional engineer.

k.Applicants for hybrid shoreline protection, as provided for in § 1.3.1(G)(4)(a) of this Part, and include small-scale toe-of-slope protection as part of a hybrid protection project shall be designed by an appropriate design professional (e.g., registered professional engineer, landscape architect or land surveyor).

l.Concrete used for sea wall construction along the shore and in tidal waters shall be resistant to the sulfate attack of seawater; Type 2 or Type 5 air entraining Portland cement or an equivalent shall be used.

m.All shoreline protection construction activities shall minimize any adverse impact to water quality such as disturbance of sediment.

n.Applicants shall provide appropriate on-site lateral shoreline access of a similar type and level to that which will be impacted by the proposed project. Applicants shall submit a plan detailing the lateral public access over or around the landward side of the proposed structure.

o.The seaward extent of the toe of shoreline protection shall be tied into an existing shoreline feature (e.g., bluff, revetment, seawall, etc.) within the applicant’s property boundary and depicted on the site plan.

p.All previously required coastal buffer zones or existing areas of natural vegetation landward of the shoreline protection structure must be preserved, or replaced where disturbed, and retained in an undisturbed condition.

q.Where no buffer zone or natural vegetation exists, an area no less than fifteen (15) feet wide immediately landward of the shoreline protection structure shall be restored to native, deep-rooted (i.e., tree or shrub) vegetation to minimize erosion from upland stormwater flows and overtopping storm surge.

r.A twenty-five (25) foot setback shall be maintained between the buffer zone or natural vegetation and nearby structures, excluding any associated residential structures as defined in § 1.1.2 of this Part.

6.Maintenance and repair of shoreline protection

a.The maintenance or repair of shoreline protection shall not extend beyond one (1) foot seaward of the existing toe of the structure. In most cases, expansion of the shoreline protection structure beyond one (1) foot seaward of the existing toe and one (1) foot vertical above the existing or shoreline protection elevation will be considered new construction.

b.Maintenance and repair of existing structural shoreline protection shall be the minimum that is required to maintain the functional viability or structural integrity. In the case of riprap revetments, the addition of limited quantities of riprap armor stone to existing damaged revetments may be allowed as a maintenance activity provided that no impact to coastal resources or lateral access results. All maintenance shall be in accordance with the policies and standards of the Coastal Resources Management Program.

c.In the case of shoreline protection that has undulating horizontal sections, the sections may be straightened in order to reduce erosion from the concentration of wave energy, provided the repair and maintenance of the structure is in accordance with § 1.3.1(G)(6)(a) of this Part.

d.It is required that seawalls eligible for maintenance and that require replacement, pursuant to § 1.3.1(N) of this Part, be replaced with a riprap revetment, hybrid shoreline protection or nonstructural shoreline protection. Approved replacement shoreline protection shall begin at the existing toe of the seawall (no farther seaward) and extend landward.

e.All maintenance and repair activities shall minimize any adverse impact to water quality such as disturbance of sediments.

f.All applicable standards for earthwork in § 1.3.1(B) of this Part shall be met for repair or maintenance activities.

g.In low energy environments, all maintenance and repair plans for shoreline protection shall be to scale, show property boundaries at the shoreline, provide a reasonable depiction of the mean high water mark and all coastal features, including the shoreline protection structure to be repaired. The plans must also provide an accurate depiction of the work proposed to include a plan view with cross-sections. In certain cases, the CRMC Executive Director may require the submission of plans certified by a RI-registered professional engineer.

H.Energy-related activities and structures

1.Planning for energy facilities

a.Planning policies

(1)For applicable policies and standards pertaining to offshore renewable energy facilities see Subchapter 05 of this Chapter (CRMC Rhode Island Ocean Special Area Management Plan).

2.Siting of energy facilities

a.Policies and regulations

(1)Facilities for the processing, transfer and storage of petroleum products and the production of electrical power provide services necessary to support and maintain the public welfare and the state’s economy. Such facilities, whether sited in the coastal region or elsewhere, have a high probability of affecting coastal resources and land uses because of their large size, environmental and aesthetic impacts, and impacts on surrounding land uses and broad development patterns.

(2)In order to properly and effectively discharge legislatively delegated responsibilities related to the location, construction, alteration and/or operation of energy facilities, including facilities for the processing, transfer and storage of petroleum products and the production of electrical power, the Council finds a need to require in all instances a permit for such location, construction, alteration and/or operation within the State of Rhode Island where there is a reasonable probability of conflict with a Council plan or program, or damage to the coastal environment.

(3)The siting, construction, alteration and/or operation of petroleum processing, transfer or storage facilities and power generating facilities within the State of Rhode Island shall require a Council permit when there is reasonable probability demonstrated by reliable and probative evidence that the proposal will:

(AA)Conflict with any Council management plan or program.

(BB)Make any area unsuitable for any uses or activities to which it is allocated by a Council Plan or Program, or

(CC)Significantly damage the environment of the coastal region.

(4)Applicants for energy facilities must consider the projected impacts of climate change, including but not limited to projected storm surge, coastal erosion and sea level rise to these facilities.

(5)Applicants shall be further required to demonstrate by reliable and probative evidence that:

(AA)Alternative sites have been considered and rejected for environmental, economic and/or operational reasons.

(BB)Construction and/or operation will be in conformance with all applicable environmental standards, guidelines and objectives.

(CC)Siting will not cause secondary developments that are inconsistent with the State Guide Plan or approved municipal comprehensive plans.

(DD)Operation will not degrade aquifers or water bodies utilized for public water supply, and

(EE)Adequate procedures for the safe transport and/or disposal of products, materials and/or wastes hazardous to man or the coastal environment will be taken, including emergency containment and cleanup.

(6)Where on the basis of such evidence and/or demonstrations the Council finds a reasonable probability of noncompliance with any applicable policy or regulation, including § 1.3.8(B) of this Part, it shall require appropriate modification of or shall deny the application in question.

(7)Recipients of approved Council permits shall be required to maintain such records as may be necessary to monitor and ensure compliance of facility operations with all applicable Policies as set forth above.

(8)Offshore renewable energy projects shall comply with the policies and standards in Subchapter 05 of this Chapter (CRMC Rhode Island Ocean Special Area Management Plan).

3.Certified verification agent (CVA) requirement for energy-related activities defined in § 1.1.2 of this Part for which the CRMC has jurisdiction or requires a permit in accordance with §§ 1.1.4 and 1.3.3 of this Part, and as required by the CRMC executive director to review projects that are outside the scope of CRMC staff expertise.

a.The CVA, as defined in § 1.1.2(A) of this Part, shall have licensed and qualified professional engineers on staff. The CVA is paid for by the applicant, but is approved by and reports to the Council.

b.The applicant shall not engage a CVA prior to Council approval, and the CVA must be approved by the Council prior to starting construction.

c.The applicant shall use a CVA to:

(1)Ensure that the applicant’s facilities are designed and constructed in conformance with accepted engineering practices;

(2)Ensure that repairs and major modifications are completed in conformance with accepted engineering practices; and

(3)Provide the Council immediate reports of all incidents that affect the design and construction of the project.

d.The applicant shall nominate a CVA for the Council approval and shall submit to the Council a qualification statement that includes the following:

(1)Previous experience in third-party verification or experience in the design and construction, or major modification of energy-related activities;

(2)Technical capabilities of the individual or the primary staff for the specific project;

(3)Size and type of organization or corporation;

(4)In-house availability of, or access to, appropriate technology (including computer programs, hardware, and testing materials and equipment);

(5)Ability to perform the CVA functions for the specific project considering current commitments;

(6)Previous experience with the Council requirements and procedures, if any; and

(7)The level of work to be performed by the CVA.

e.Individuals or organizations acting as CVAs shall not function in any capacity that shall create a conflict of interest, or the appearance of a conflict of interest.

f.The verification shall be conducted by or under the direct supervision of registered professional engineers.

g.The applicant shall nominate a new CVA for the Council approval if the previously approved CVA:

(1)Is no longer able to serve in a CVA capacity for the project; or

(2)No longer meets the requirements for a CVA set forth in this subpart.

h.The CVA shall conduct an independent assessment of all proposed:

(1)Operational requirements;

(2)Environmental loading data;

(3)Stress analyses;

(4)Material designations;

(5)Soil and foundation conditions;

(6)Safety factors; and

(7)Other pertinent parameters of the proposed design.

i.The CVA shall do all of the following:

(1)Use good engineering judgment and practice in conducting an independent assessment of the construction of the facility;

(2)Monitor the construction of the facility with periodic site inspections to ensure that it has been built and installed according to the facility design;

(3)Make periodic onsite inspections while construction is in progress; and

(4)Certify in a report that the facility is constructed in accordance with accepted engineering practices.

(AA)The certification report shall also identify the location of all records pertaining to design and construction.

(BB)The applicant may commence commercial operations or other approved activities thirty (30) days after the Council receives that certification report, unless the Council notifies the applicant within that time period of its objections to the certification report.

j.If the CVA finds that design and construction procedures have been changed or design specifications have been modified, the CVA shall inform the applicant and the Council.

k.The CVA shall make periodic onsite inspections while construction of the facility is in progress and shall verify the following items, as appropriate:

(1)Quality control by builder;

(2)Material quality and identification methods;

(3)Adherence to structural tolerances specified;

(4)Nondestructive examination requirements and evaluation results of the specified examinations;

(5)Destructive testing requirements and results;

(6)Repair procedures;

(7)Status of quality-control records at various stages of construction.

l.The CVA shall spot-check the equipment, procedures, and recordkeeping as necessary to determine compliance with the applicable documents incorporated by reference and the regulations under § 1.3.1(H)(3) of this Part.

m.The CVA shall prepare and submit to the applicant and the Council all reports required by § 1.3.1(H)(3) of this Part. The CVA shall also submit interim reports to the applicant and the Council, as requested by the Council. The CVA shall submit one (1) electronic copy and four (4) paper copies of each final report to the Council. In each report, the CVA shall:

(1)Give details of how, by whom, and when the CVA activities were conducted;

(2)Describe the CVA’s activities during the verification process;

(3)Summarize the CVA’s findings; and

(4)Provide any additional comments that the CVA deems necessary.

n.The applicant shall compile, retain, and make available to the Council representatives, all of the following:

(1)The as-built drawings;

(2)The design assumptions and analyses;

(3)A summary of the design and construction examination records;

(4)Results from the required inspections and assessments;

(5)Records of repairs not covered in the inspection report submitted.

o.The applicant shall record and retain the original material test results of all primary structural materials during all stages of construction. Primary material is material that, should it fail, would lead to a significant reduction in facility safety, structural reliability, or operating capabilities.

p.The applicant shall provide the Council with the location of these records in the certification statement.

q.The Council may hire its own CVA agent to review the work of the applicants CVA. The applicant shall be responsible for the cost of the Council’s CVA. The Council’s CVA shall perform those duties as assigned by the Council.

4.Prerequisites

a.Applicants must demonstrate that all relevant local zoning ordinances, building codes, flood hazard standards, and all state safety codes, fire codes, and environmental requirements have or will be met.

5.Prohibitions

a.Industrial operations and structures are prohibited in Type 1 and 2 waters or on shoreline features and their contiguous areas abutting these waters.

6.Additional Category B requirements

a.Unless preempted under the regulations of the Federal Energy Regulatory Commission the following summary defines the scope of the topics that shall be addressed by applicants for power generating and petroleum processing and storage as they apply to construction, operation, decommissioning, and waste disposal:

(1)Environmental impacts,

(2)Social impacts,

(3)Economic impacts,

(4)Alternative sites,

(5)Alternative means to fulfill the need for the facility,

(6)Demonstration of need, and

(7)Consistency with state and national energy policies.

b.Shorefront sites shall demonstrate the need for access to navigable waters or cooling and/or process water.

c.The above requirements for energy facilities do not have to be addressed if the proposal is for an electrical generating facility of forty (40) megawatt capacity or less, or for a petroleum storage facility of less than two thousand four hundred (2,400) barrel capacity. Such small-scale facilities shall be considered commercial or residential structures (see § 1.3.1(C) of this Part).

7.Standards

a.See standards given in "Filling, removing, or grading" in § 1.3.1(B) of this Part, as applicable.

b.See standards given in “Residential, commercial, industrial, and public recreational structures” in § 1.3.1(C) of this Part, as applicable.

c.See standards given in “Treatment of sewage and stormwater” in § 1.3.1(F) of this Part, as applicable.

8.Transfer of petroleum products

a.Policies and regulations for transportation by vessel

(1)All vessels engaged in the transportation of petroleum products in the waters of the state shall comply with all applicable federal, state, and local laws and regulations.

(2)It shall be the adopted policy of the Council to support the Coast Guard in the following actions:

(AA)Implementation of an oil spill contingency plan for southern New England in cooperation with appropriate bodies in other states.

(BB)Re-evaluation and upgrading of vessel design standards especially as these relate to the prevention and/or mitigation of accidental spills of petroleum products.

(CC)Re-evaluation and upgrading of operational rules relating to transport of petroleum products in near shore waters and coastal embankments.

(DD)Formulation of standards for crew training and qualification of all vessels including barges utilized in the transport of petroleum products.

(3)The storage of liquefied natural gas (LNG) and liquefied petroleum gas (LPG) may have impacts to Rhode Island’s coastal resources and use, and the Council will evaluate and weigh these impacts.

b.Policies and regulations for transfer via pipeline:

(1)The siting and construction of any pipeline in or across the land and/or tidal water bodies of the Rhode Island coastal region shall require a Council permit.

(2)Applicants for such a permit shall demonstrate by a fair preponderance of evidence that the proposed action will not:

(AA)Conflict with any Council management plan or program;

(BB)Make any area unsuitable for any uses or activities to which it is allocated by a Council management plan or program, or

(CC)Significantly damage the environment of the coastal region.

(3)In addition to those requirements set forth in § 1.3.1(H)(2) of this Part, it shall be further demonstrated by reliable and probative evidence that the coastal resources are capable of supporting the proposed activity including the impacts and/or effects related to:

(AA)Scheduling and duration of construction relative to recreational, wildlife and fisheries use of affected areas;

(BB)The degree and nature, if any, of site reclamation proposed; and

(CC)Exposure of the proposed pipelines to hazardous bottom conditions.

c.Policies and regulations for vessel to vessel transfer

(1)Transfer operations for petroleum and petroleum products. Pre-transfer conference: No person shall commence or cause to be commenced or consent to the commencements of bulk oil transfer operations unless the following items have been reviewed, agreed upon, and compiled with by personnel of the vessels involved.

(AA)A licensed officer or certified tanker man who has full knowledge of the vessel’s tanks and cargo handling system shall be in charge of cargo handling for each vessel receiving or discharging oil at all times;

(BB)A sufficient number of adequately trained men shall be assigned to be constantly on duty on the vessels during cargo transfer operations, to keep the transfer operation under constant observation to insure immediate action in case of a malfunction;

(CC)Cargo sequence for loading or discharging products and the proper baseline for each product has been established;

(DD)The handling rate at which oil will be transferred has been established. Reduced rates are required when commencing transfer, changing the lineup, topping off tanks or nearing completion of transfer;

(EE)The amount of time to be given when the offloading vessel desires to start, stop, or change the rate of flow has been determined;

(FF)A positive communication and signal system shall be operable during all transfer operations;

(GG)The emergency procedures to be followed in order to stop and contain any discharge shall have been established; and

(HH)Personnel responsible for transfer shall be clearly identifiable at all times; prior to transfer operations, personnel responsible for transfer shall be made known to each other.

(2)Transfer procedures: No person shall transfer or cause to be transferred or consent to the transfer of any oil from any oil carrying vessel to any other oil carrying vessel unless:

(AA)All equipment through which oil may pass during transfer operations has been inspected visually prior to each operation. Any hose used in the transfer shall be pressure tested annually and shall not be subjected to transfer pressures greater than 75 percent of the last pressure test or greater than the rated hose pressure, whichever is less. All hoses used in the transfer of petroleum products from vessel to vessel shall be marked with a hose number. These markings shall be in color sharply contrasting with the color of the hose and shall be not less than one and one half (1 ½) inches high. The operator shall keep a log book of all tests conducted on the individual hoses. This log book shall contain the hose number, the test pressure, the date of test, the place of test, and the signature of the person conducting the test. This log book shall be available for inspection by a representative of the Coastal Resources Management Council;

(BB)Hoses are supported so as to avoid crushing or excessive strain. Flanges, joints and hoses shall be checked visually for cracks and wet spots;

(CC)Hose handling rigs are of a type which allows adjustments for vessel movement and hoses shall be long enough so that they will not be strained by any movement of the vessels;

(DD)Hose ends are blanked tightly when hoses are moved into position to be connected, and also immediately after they are disconnected and drained into a drip pan;

(EE)Hoses are not permitted to chafe on vessels or to be in contact with hot surfaces such as stream pipes or to be exposed to other corrosive sources;

(FF)Mooring lines and lines securing the vessels to each other are tended to prevent excessive movement of the vessels; and

(GG)The surrounding water shall be inspected frequently during transfer operations. A log of all such inspections shall be kept and signed by the person making the inspection and shall be available for inspection by a representative of the Coastal Resources Management Council.

(3)Vessel to vessel transfer: Off-loading requirements: No person shall transfer or cause to be transferred or consent to the transfer of any bulk oil from any oil carrying vessel to any other oil carrying vessel unless:

(AA)Sea valves connected to the cargo piping and stern loading connections are tightly closed and sealed with a numbered seal which is to be logged in the ship’s log book;

(BB)The licensed officer on duty must see that all valves and lines in the pump room are properly lined up for discharge. An additional check must be made for the same purpose each time the setting is changed;

(CC)Full rate of discharge is not attained until lines of receiving vessel are proven clear; and

(DD)Upon completion of transfer operations, hoses or other connecting devices shall be vented, blown down, or sucked out to drain the remaining oil. A drip pan shall be in place when breaking a connection and the end of the hose or other connecting devices shall be blanked off before being moved.

(4)Vessel to vessel transfer: Receiving requirements: No person shall transfer, or cause to be transferred, or consent to the transfer of any bulk oil from any oil carrying vessel to any other oil carrying vessel unless:

(AA)All sea valves connected to the cargo piping, stern discharge and ballast discharge valves are closed and sealed with a numbered seal which is to be logged in the ship’s log book or some other book or record kept aboard said vessel and available for inspection;

(BB)Special attention is paid during the topping off process to the loading rate, the number of tanks open, the danger of air pockets and the inspection of tanks already loading. Notice of the slowdown for topping must be given to offloading vessel personnel; and

(CC)Upon completion of loading, all tank valves and loading valves are closed. After draining, hoses shall be disconnected and hose risers blanked.

(5)Vessel transfers while at anchor: No vessel while at anchor shall transfer petroleum products while gale warnings (wind velocity thirty-five (35) knots or more) are in effect. Vessel to vessel transfers may only be carried on in anchorage areas designated by the Coastal Resources Management Council. The transfer of fuel for a vessel’s own use may take place outside the designated anchorage area, but in no case during gale warnings.

(6)Spillage during transfer: Transfer shall cease if a discharge of oil to the waters of the State occurs during such transfer. Transfer may be resumed when in the judgment of the Coastal Resources Management Council’s representative, after consultation, if necessary, with the United States Coast Guard or local authority, adequate steps have been taken to control the spill and to prevent further spillage.

(7)Scuppers: No person shall transfer or cause to be transferred or consent to the transfer of any bulk oil from one oil carrying vessel to another oil carrying vessel unless the scuppers of any such vessel are plugged watertight during the oil transfer. However, it will be permissible to remove scupper plugs as necessary to allow runoff of water provided a vessel crew member stands watch to re-close the scuppers in case of an oil spill.

(8)Illumination: No person shall transfer or cause to be transferred or consent to the transfer of any bulk oil after dark from one oil carrying vessel to another oil carrying vessel unless both vessels are adequately illuminated.

(9)Open hatch transfer: Transfer of oil by means of a hose through an open hatch is prohibited. An exception will be made only when an emergency arises, and this is the only means of moving flammable oil from one vessel compartment to another, or of unloading the vessel for the purpose of reducing or preventing pollution, or for preventing foundering and then only when all possible precautions to prevent discharge to the waters of the state have been taken.

(10)Sample collection: No person shall transfer in bulk nor cause to be transferred from any vessel to another vessel any petroleum product known as residual lube oils or middle distillate fuel until they have taken or cause to be taken a composite sample of such product of not less than one pint from such vessel. Such sample shall be labeled in a fashion prescribed by the Coastal Resources Management Council and retained by said person for use by the Coastal Resources Management Council for a period of not less than sixty (60) days.

(11)Reports and notification. The Council shall be notified at least twelve (12) hours in advance of any transfer of bulk oil from one vessel to another. Should unusual circumstances make it impossible to provide twelve (12) hour notice, the operator shall notify the Council as soon as possible. Notification is not required for transfer of oil for a vessel’s own use. The report shall include:

(AA)Names of vessels;

(BB)Approximate amount of oil to be transferred;

(CC)Product type; and

(DD)Expected time and date of vessels arrivals.

(12)Oil spill reporting procedure: In the event of any overboard discharge during vessel to vessel transfer, the person, firm or corporation responsible for the discharge shall immediately undertake to remove such discharge. Responsibility for removal shall remain with the person, firm or corporation responsible for the illegal discharge. For this purpose, the owner shall have readily available adequate essential equipment approved by the Council for the containment and removal of such a discharge, sufficient personnel to deploy and the use of such equipment. In addition to the existing procedures, the following actions are necessary. An initial telephone report of any discharge to the waters of the State shall be made to the Council or Council’s representative as soon as practicable but within two (2) hours. The report shall include:

(AA)Time of discharge;

(BB)Location of discharge;

(CC)Type and amount of oil;

(DD)Assistance required;

(EE)Name and telephone number of person making report;

(FF)Other pertinent information; and

(GG)A telephone report shall also be made to the National Response Center at 1-800-424-8802.

(13)Second telephone report: A second telephone report shall be made as soon as adequate information is available but not more than eight (8) hours after the first report. The report shall include:

(AA)Success of containment procedures;

(BB)Actions for removal and success of removal;

(CC)Estimate of area affected by such discharge;

(DD)Assistance required; and

(EE)Other pertinent information.

(14)After removal of such discharge has been completed, the operator shall prepare a complete written report of the occurrence and submit such a report to the Coastal Resources Management Council within ten (10) days. If circumstances make a complete report impossible, a partial report shall be submitted. This report shall include, but not be limited to, the following information:

(AA)Date, time and place of discharge;

(BB)Name of permittee, name of owner of vessel or other party(ies) involved;

(CC)Amount and type of oil discharged;

(DD)Complete description of containment and removal operation including costs of these operations;

(EE)Complete description of circumstances causing discharge;

(FF)Description and estimate of third-party damages;

(GG)Procedures, methods and precautions instituted to prevent a similar occurrence from re-occurring;

(HH)Recommendations to the Coastal Resources Management Council for changes in regulations or operating procedures;

(II)Name and address of any person, firm or corporation suffering damages from the discharge and an estimate of the cost of such damages; and

(JJ)Council telephone number: The Coastal Resources Management Council is available by calling 401-783-3370, or fax number 401-783-3767.

(15)Transfer permit: No person as defined in this Section shall transfer or cause to be transferred or consent to the transfer of any oil from one vessel to another, unless said person holds a valid permit issued by the Coastal Resources Management Council and is abiding by all the conditions set forth in these regulations. Said permit shall be requested on such form as the Council shall from time to time so designate and shall contain such information as the Council shall deem necessary. Upon presentation of the completed request for a permit and the payment of the fee per discharge as identified in Part 10-00-1 of this Title (CRMC Management Procedures), the Council is authorized to issue a valid permit.

(16)Declaration of inspection: A copy of the “Declaration of Inspection” required by the United States Coast Guard shall be in the possession of the operator or his representative and shall be available to the Coastal Resources Management Council representative who shall, on demand, be given the opportunity to satisfy himself that the condition of the vessel is as stated in the “Declaration of Inspection.”

(17)Declaration of understanding: A copy of the “Declaration of Understanding” shall be presented by the vessel’s pilot to the master of the vessel when the former boards the vessel. No transfer of oil shall be undertaken until such time as the master of the vessel returns the signed “Declaration of Understanding” to the pilot who shall within five (5) days deliver said “Declaration” to the office of Coastal Resources Management Council. Said “Declaration” shall state that the master of the vessel is knowledgeable of these regulations and agrees to abide by same, and that, further, such transfer shall be supervised by a person competent in the transfer of petroleum products from one vessel to another.

(18)Other: Operators shall also complete such other forms, check lists and reports as the Council from time to time may require.

(19)Bunkering and lightering: Nothing in the foregoing regulations should be construed as to prohibit the function of bunkering vessels or when a demonstrated need is shown, the lightering of vessels at a place other than the area designated in these regulations. Such demonstrated need should be evaluated by the Council who is authorized to set temporary regulations for such procedures.

(20)Designated anchorage areas: The area designated in Narragansett Bay East Passage for vessel-to-vessel transfer of oil is that area south of Gould Island and north of the Newport Bridge bounded by the following coordinates:

(AA)Latitude: 41° 30' 41" North; Longitude: 71° 20' 57" West;

(BB)Latitude: 41° 31' 17" North; Longitude 71° 20' 29" West;

(CC)Latitude: 41° 31' 42" North; Longitude: 71° 21' 05" West; and

(DD)Latitude: 41° 30' 49" North; Longitude: 71° 21' 14" West

d.Policies and regulations for vessel to shore transfer:

(1)No person shall transfer nor cause to be transferred from any vessel to a shore installation, any petroleum product known as residual, lube oils or middle distillate fuel until they have taken or cause to be taken a composite sample of such product of not less than one (1) pint from such vessel. Such sample shall be labeled in a fashion prescribed by the Coastal Resources Management Council and retained by said person for use by the Coastal Resources Management Council for a period of not less than sixty (60) days.

(2)Further, subsequent to the shore transfer of such petroleum product from a vessel to a shore installation, the operator of such shore installation shall obtain or cause to be obtained a shore tank composite sample of such product so transferred and such sample be labeled in a fashion prescribed by Coastal Resources Management Council, and retained by said person for use by the Coastal Resources Management Council for a period of not less than sixty (60) days.

e.Policies and regulations for petroleum bulk storage:

(1)The Council finds that shore-front siting of petroleum bulk storage facilities within the confines of existing tank farms is an acceptable use of the state’s coastal zone.

(2)The Council shall require permits for such bulk storage facilities and shall require applicants for such permits to meet all evidentiary burdens set forth under the requirements in § 1.3.1(H)(2) of this Part.

(3)Applicants for petroleum bulk storage facilities must consider the projected impacts of climate change, including but not limited to projected storm surge, coastal erosion and sea level rise to these facilities.

(4)Unless there is a demonstrated need, the Council shall not permit expansion of existing tank farms beyond their present bounds, nor shall it permit construction of new petroleum bulk storage facilities in the coastal region.

f.Policies and regulations for the storage and processing of liquefied gases:

(1)The Federal Energy Regulatory Commission (FERC) regulates the natural gas industry and has responsibility for the regulation of pipeline, storage, and liquefied natural gas facility siting and construction.

(2)Transfer of liquefied gases from vessels transporting such gases to bulk storage facilities located in the Rhode Island coastal region is subject to United States Coast Guard regulations.

(3)The storage of LNG and LPG may have impacts to Rhode Island’s coastal resources and use, and the Council will evaluate and weigh these impacts.

(4)Siting, construction and operation of facilities for the transfer, bulk storage or re-gasification of liquefied gases shall require a Council permit.

(5)Applicants for such a permit shall be required to meet all permit and regulatory requirements set forth under § 1.3.1(H)(2) of this Part, and to further demonstrate by a fair preponderance of evidence that facility siting and operation will be consistent with preservation of the health and safety of nearby populations.

(6)Applicants will have to show by a preponderance of evidence that new or expanded LNG or LPG facilities will not significantly negatively impact existing coastal resources or uses.

(7)It shall be further demonstrated by reliable and probative evidence that:

(AA)All applicable federal, state and local design material and operating regulations, codes or other such requirements will be complied with;

(BB)Storage tanks will be constructed of proven materials and will be designed and operated within the design limits of pressure relief and emergency venting systems;

(CC)Storage tanks will be sited at sufficient distance from each other and so isolated by terms or containments that accidental release and combustion of gases from one cannot ignite or otherwise damage any other;

(DD)Storage tanks will be sited a sufficient distance from any stored corrosive material likely to damage or weaken such tanks. Each tank will be surrounded by a continuous berm or containment of sufficient diameter and height to contain the entire liquid contents of such tank;

(EE)Any pipeline for the transfer of liquefied gas into or from such a facility or on the premises of such a facility will be provided with dikes or berms capable of containing the largest spill that might occur if such pipeline was ruptured and before it could be drained or shutdown;

(FF)Provision for installation and operation of automatic and continuous monitoring, alarm and shutdown devices must be made;

(GG)Provision for independent emergency power to maintain such emergency and essential operating equipment must be made;

(HH)Provision for fire protection and firefighting including emergency plans, equipment and personnel must be made;

(II)Provisions for spill protection and prevention of ignition must be made; and

(JJ)Provisions must be made for LNG or LPG terminal security.

(8)Vaporization of liquid gasses utilizing fresh or marine water sources shall not be permitted unless such water is recycled. Release of process water to the coastal environment shall only be permitted upon demonstration that no significant environmental damage will result.

g.Policies and regulations for the processing of petroleum products:

(1)Refer to regulatory requirements in § 1.3.1(H)(2) of this Part.

I.Dredging and dredged material disposal

1.Policies

a.The Council shall support necessary maintenance dredging activities in Type 2, 3, 4, 5, and 6 waters, provided environmentally sound disposal locations and procedures are identified.

b.Where beneficial re-use options as set forth in R.I. Gen. Laws § 46-6.1-3 are not practical, the Council favors offshore open-water disposal for large volumes of dredged materials, providing that environmental impacts are minimized.

c.The Council encourages the use of innovative nearshore methods of dredged materials disposal, particularly when small volumes of material must be disposed. These options include but are not limited to the creation of wetlands, shellfish habitat, and beach nourishment in suitable areas.

d.For disposal of dredged material resulting from maintenance dredging operations, a Category A Review may be permitted provided the Executive Director determines that the disposal is conducted consistent with the RIDEM’s dredging regulations and that the disposal is at an approved disposal facility, or at an approved federal disposal facility. Category A reviews may also be permitted when:

(1)The upland disposal volume is not greater than ten thousand (10,000) cubic yards (see § 1.3.1(B) of this Part);

(2)The proposal complies with all applicable local zoning ordinances;

(3)Applicable soil erosion and sediment controls are employed (see § 1.3.1(B) of this Part); and

(4)The proposal meets the standards of § 1.1.6(E) of this Part.

e.For beach replenishment, a Category A review may be permitted for the placement of clean sands provided the Executive Director determines that the placement of the materials shall be for beach replenishment only, and the proposal meets the standards of §§ 1.1.4(E) and 1.3.1(I) of this Part as applicable.

f.The Council utilizes and follows the prescribed processes outlined in the army corps regulations and manuals for both upland and in-water dredged material disposal.

g.The Council may require performance assurance bonds for projects that utilize in-water disposal or transit federal channels with loaded scows.

2.Prerequisites: R.I. Gen. Laws § 46-6.1-7 specifies that approvals for dredging and dredged material disposal require Council and DEM approval. Further, the Council, as the lead agency for dredging, shall be the initial point of contact for application submittals. The Council and DEM have developed protocols that set out how proposed dredging activities shall be coordinated for review. A pre-application consultation request with the Council and DEM (and other agencies as appropriate) is an element of these protocols and is strongly encouraged for all applicants.

a.Permits for maintenance and improvement dredging and disposal projects for navigational purposes must be obtained from the Army Corps of Engineers as well as the Council. Council and Army Corps requirements are designed to complement one another; applicants should consider the requirements of both agencies when preparing to begin the permit process and may apply for CRMC and Army Corps permits concurrently.

b.All materials to be dredged for either open water disposal or upland disposal must be classified by the Department of Environmental Management (DEM) based upon an approved analysis process.

c.Any application for open water disposal of dredged materials shall obtain a suitability determination from the Army Corps of Engineers.

d.All applicable requirements of the Freshwater Wetlands Act have or will have been met.

e.Upland disposal of dredged materials must comply with all applicable local zoning ordinances.

f.When disposal is proposed for approved upland facilities, the applicant shall provide a letter of acceptance from that facility, unless the disposal is approved for the central landfill.

g.For dredge volumes greater than ten thousand (10,000) cubic yards, a pre-application meeting may be required as determined by the CRMC.

3.Prohibitions

a.The disposal of dredged materials on or adjacent to coastal wetlands in Type 1 and 2 waters is prohibited unless associated with a Council-approved program of wetland building or rehabilitation. The disposal of dredged materials is also prohibited on coastal wetlands designated for preservation in Type 3, 4, 5, and 6 waters (see § 1.2.2(D) of this Part).

b.No dredging for navigational purposes is permitted in Type 1 waters. Only maintenance dredging may be permitted in Type 2 waters, except as allowed per § 1.2.1(B) of this Part.

c.It is prohibited to utilize any mechanical system to remove, relocate, wash or otherwise alter the seabed in any Rhode Island waters, unless authorized through a council assent. It is also prohibited to remove, relocate, wash or otherwise alter marine sediments with any device or deflector without a permit for the specific equipment, method and location. This regulation is not intended to prohibit or otherwise impact commercial fishing or shellfishing activities in Rhode Island waters or to establish additional permitting requirements for such activities.

4.Additional Category B requirements

a.Applicants for all dredging projects shall provide accurate soundings in the area of the proposed dredging operation.

b.Applicants shall describe any temporary or permanent disturbance to a coastal feature which is required or anticipated in order to gain access for heavy equipment to the dredging or disposal site.

c.When fine-grained sediments are to be removed, the applicant shall employ proper turbidity controls as necessary to control the transport of materials placed in suspension by dredging unless the applicant demonstrates to the Council on the basis of competent professional analysis that such transport will not be significant or will be controlled by other measures.

d.The applicant shall limit dredging and disposal to specific times of the year in order to minimize odors and/or impacts on fish and shellfish unless the applicant demonstrates to the Council on the basis of competent professional analysis that such odors or impacts will not be significant or will be controlled by other measures.

e.Applicants for improvement dredging projects shall describe, on the basis of competent professional analysis, anticipated siltation rates, sediment sources, and anticipated maintenance dredging needs.

f.When dredged materials are removed from a marine to an upland environment for disposal, the applicant shall demonstrate that any release of pollutants present in the materials shall not cause significant environmental degradation.

g.Applicants proposing dredging operations associated with residential boating facilities in Type 2 waters must demonstrate that the purpose is to restore channels and basins to dimensions that support and maintain existing levels of use, and must submit clear and convincing evidence documenting a diminished use of a facility or navigational fairway by natural shoaling or accretion, not merely a need for additional water depth.

5.Standards: All applications submitted to the Council for dredging and disposal shall demonstrate that they have met all applicable sections of the CRMC/DEM dredging application checklist.

a.All materials to be dredged for either open water disposal or upland disposal must be classified by the Department of Environmental Management (DEM). Applicants for dredging or open water disposal of dredged materials shall also be required to obtain a dredging permit (which contains the Section 401 Clean Water Act Water Quality Certification) from the DEM.

b.For dredging:

(1)Bottoms of dredged areas shall slope downward into the waterway so as to maximize tidal flushing.

(2)Bottom slopes at the edges of dredged areas shall have a maximum slope of fifty percent (50%) percent.

(3)Dredging shall be planned so as to avoid undermining adjacent shoreline protection facilities and/or coastal features.

(4)Shellfish dredged from waters classified SB or lower shall not be made available for human consumption or bait.

(5)All dredging at any marina shall be bounded to the footprint of the Marina Perimeter Limit (MPL). Side slopes associated with such dredging shall be allowed to extend beyond the MPL and then only when all adjacent structures are not impacted.

c.For dredged materials disposal in open water:

(1)Dredged materials may not be placed in areas determined by the CRMC to be prime fishing grounds.

(2)Measures must be employed and described to ensure that all dredged materials will be dumped solely within the confines of an approved site.

(3)Hydrographic conditions at the approved disposal site must be such that the disposed dredged materials will remain within the disposal area and that re-suspension of bottom sediments will be minimal.

(4)Following disposal operations involving polluted materials, clean coarse-grained materials may be required be deposited to cap the spoil mound and minimize the release of any potential contaminants to the water column. The cap shall have a minimum thickness of six (6) inches.

(5)The applicant may be required by the Executive Director to provide for an environmental monitoring program designed to detail physical conditions and biological activity at and near the site for a period of at least one (1) year. The results of such programs shall be made public. This shall not apply to disposal into the CAD cell. However, if the monitoring of the disposal of dredged materials at a site is to be performed by, and/or in conjunction with, a state or federally-sponsored monitoring program, then the applicant shall adhere to the requirements of such state or federally sponsored program.

d.For dredged materials disposal into confined aquatic disposal (CAD) cells:

(1)All scows utilized for disposal of material into CAD cells shall be bottom dump design and in good working condition with all seals intact and functional. All scows shall be required to be inspected and approved by the CRMC prior to undertaking any CAD cell disposal operation.

(2)No debris shall be disposed within the CAD cell. All debris generated by dredging operations shall be removed from all dredge material and legally disposed of in accordance with state and federal regulations.

(3)The applicant shall have a dredge quality management (DQM) system installed on the disposal scow. Such system is not required to be certified by the Army Corps of Engineers, but shall include at a minimum position, draft, door open and door closed for all dumping operations. Electronic access shall be available to the CRMC at all times during dredge and disposal operations. The CRMC shall halt all dredging activities if the scow and door positions are not working and visible on the DQM interface that was approved for the project.

(4)All applicants shall pay the current CAD cell disposal fee established by § 10-00-1.4.6(A)(23) of this Title (CRMC Management Procedures).

(5)Following acceptance by CRMC of the pre-dredge survey all dumping into the CAD cell shall be at the location(s) shown on the CRMC dump plan provided to the applicant and contractor. If disposal occurs outside of the CRMC designated locations dredging may be halted until a resolution for the misplacement of material is determined.

(6)Any disposal that occurs outside of the CAD cell limits will result in an immediate halting of dredging operations and the applicant shall be required to remove improperly dumped material from the bottom. Such activity will result in the maximum fine available to the CRMC for each day the improperly dumped material is on the bottom.

e.For dredged materials disposal in the creation of wetlands, aquatic habitat, or island:

(1)Disposal sites must be in sheltered environments which are approved by the Council for such purposes and are not prone to extensive wave or current energies yet subject to sufficient tidal action to provide adequate flushing.

(2)Dredged materials must be pumped or placed into a containment area that will permit sediment consolidation and prevent erosion.

(3)The applicant must provide for an environmental monitoring program designed to detail physical conditions and biological activity at and near the site for a period of at least one year. The results of such a program shall be made public.

(4)All applicable requirements of § 1.3.1(B) of this Part shall be met.

f.For upland disposal:

(1)Dewatering of dredged materials shall occur within a properly designed dewatering facility.

(2)After dewatering, dredged materials placed on uplands adjacent to tidal waters shall be vegetated or otherwise permanently stabilized. Surface slopes of the disposal area shall be graded so as to prevent surface ponding.

(3)Where dredged materials are placed behind a wall or bulkhead:

(AA)The structure shall be suitably engineered to resist the pressures of the dredged material;

(BB)The material, including fines, shall be prevented from seeping through the wall or bulkhead by the placement of an adequate filtering device; and

(CC)All applicable standards listed for shoreline protection facilities in § 1.3.1(G) of this Part shall be met.

(4)All applicable requirements of § 1.3.1(B) of this Part shall be met.

g.Disposal for beach nourishment:

(1)The placement of dredged materials on a beach is a preferred disposal alternative, providing that the materials in question are predominantly clean sands possessing grain size and such other characteristics to make them compatible with the naturally occurring beach material.

(2)In areas where the processes of littoral drift would result in significant re-entry of dredged sediments into a navigable waterway, dredged materials must be placed on the down-drift side of the inlet.

(3)All applicable requirements of § 1.3.1(B) of this Part shall be met.

J.Filling in tidal waters

1.Policies

a.It is the Council's policy to discourage and minimize the filling of coastal waters.

b.Filling which is determined by the Council to be incidental to activities conducted in accordance with § 1.3.1(G) of this Part is not "filling in tidal waters" and is addressed by the policies, prerequisites, prohibitions, requirements, and standards contained in § 1.3.1(G) of this Part.

c.In considering the merits of any given proposal to fill tidal waters, the Council shall weigh the public benefit to be served by the proposal against the loss or degradation of the affected public resource(s).

d.Filling may be permitted where necessary for an approved erosion control or bulkheading project, but only when it has been demonstrated that the amount of filling has been minimized in accordance with the requirements of § 1.3.1(G) of this Part.

e.It is the Council’s policy to require a public access plan, in accordance with § 1.3.6 of this Part, as part of any application for filling of tidal waters. A variance from this policy may be granted if an applicant can meet the variance requirements set forth in § 1.1.7 of this Part and demonstrate that no significant public access impacts will occur as a result of the proposed project.

f.In accordance with R.I. Gen. Laws §§ 46-23-6(4)(iii) and 46-23-16, the Council is authorized to grant, modify, or deny licenses, permits, and easements for the use of coastal resources which are held in trust by the state for all its citizens, and impose fees for private use of these resources. Licenses, permits and easements issued by the Council for the use of public trust resources remain subject to the public trust, convey no title, are valid only with the conditions and stipulations with which they are granted, and imply no guarantee of renewal.

g.Filling which is determined by the Council to be incidental to activities conducted in accordance with § 1.3.1(G) of this Part is not "filling in tidal waters" and is addressed by the policies, prerequisites, prohibitions, requirements, and standards contained in § 1.3.1(G) of this Part.

2.Prerequisites

a.Except for federal consistency reviews, applicants for projects requiring filling in tidal waters shall be required to obtain a Section 401 (Clean Water Act 33 U.S.C. §§ 1251–1387) Water Quality Certification or its waiver from the Department of Environmental Management (DEM) before the Council can issue an assent for the project. The application for the Section 401 Water Quality Certification will be forwarded to the DEM when all Council Application forms have been completed.

b.Permits for projects requiring filling in tidal waters must be obtained concurrently from the Army Corps of Engineers and the Council. Council and Army Corps requirements are designed to complement one another; applicants should consider the requirements of both agencies when beginning the permit process. In some cases, the Council may require an applicant to obtain applicable Army Corps of Engineers permits prior to applying to the Council. A CRMC Assent is not valid unless the applicant has received all required Army Corps of Engineers approvals.

3.Prohibitions

a.Filling in Type 1 and 2 waters is prohibited.

b.Regulations governing the filling and other disturbances to wetlands are set forth in § 1.2.2(D) of this Part.

c.Filling in Type 3, 4, 5, and 6 waters is prohibited unless:

(1)The filling is made to accommodate a designated priority use for that water area;

(2)The applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable; and

(3)The filling is the minimum necessary to support the priority use.

4.Fees

a.A fee for filling in tidal waters shall be based on the criteria specified in § 1.1.12 of this Part.

K.Aquaculture

1.Policies

a.The CRMC recognizes that commercial aquaculture is a viable means for supplementing the yields of marine fish and shellfish food products, and shall support commercial aquaculture in those locations where it can be accommodated among other uses of Rhode Island waters. The CRMC recognizes that responsible shellfish aquaculture has a net positive effect on the environment, and therefore it is permissible in all water types. As any human activity can have adverse environmental effects, the Council recognizes the possibility of setting scientifically defensible limits on aquaculture leasing in any particular water body. The CRMC also recognizes that in the framework of adaptive management protocols, research into the ecology of coastal waters and our understanding of ecosystem carrying capacities is constantly evolving and improving.

b.The Council may grant aquaculture activities by permit only. The CRMC may grant aquaculture applicants exclusive use of the submerged lands and water column, including the surface of the water, when the Council finds such exclusive use is necessary to the effective conduct of the permitted aquaculture activities. Except to the extent necessary to permit the effective development of the species of animal or plant life being cultivated by the Permittee, the public shall be provided with means of reasonable ingress and egress to and from the area subject to an aquaculture lease for traditional water activities such as boating, swimming, and fishing. All plant and animal species listed for culture in an aquaculture lease are the personal property of the Permittee.

c.At the discretion of the Executive Director, leaseholders may be required to temporarily remove their aquaculture facilities, which may include all associated gear and cultured species. However, the Council may permit aquaculture facilities to remain if it determines that the temporary removal of these facilities would prove detrimental to coastal resources of the state. Report of such action by the Executive Director shall be made to the full Council at the next regularly scheduled meeting of the Council.

d.The Executive Director may order the removal of any aquaculture facility that is in an obvious state of disrepair or has been determined to be a navigation or public safety hazard. Report of such action by the Executive Director shall be made in writing to the full Council at the next regularly scheduled meeting of the Council.

e.Upon application to renew an existing aquaculture Assent, the Executive Director may administratively renew said Assent for a period not to exceed that period set forth in R.I. Gen. Laws § 20-10-3 for each renewable period, provided the applicant is in conformance with the terms and conditions of the Assent, the aquaculture lease, and with the Coastal Resources Management Program (RICRMP) in effect at the time of renewal provided, further, that the applicant is not seeking any amendments or modifications to the Assent or lease. Report of such action by the Executive Director shall be made in writing to the full Council at the next regularly scheduled meeting of the Council.

f.In the event that a CRMC approved aquaculture operation is determined by the Council to not be actively farmed for a period of one year, the assent and lease shall be deemed null and void and the site shall revert to the State’s public use upon order by the CRMC. Actively farmed may be defined by the yearly monetary investment in the farm (e.g., the purchase of seed and supplies and/or proof of sales). Three (3) consecutive years of no proof of sales shall be grounds for revocation of the Assent and lease. The Council may allow the Assent and lease to remain in effect for inactive aquaculture upon a showing by the Assent holder for good cause.

g.The Council may grant an aquaculture Assent for a period not to exceed that period set forth in R.I. Gen. Laws § 20-10-3.

h.It is the Council’s policy to prohibit private aquaculture activities in not-approved areas as defined by the National Shellfish Sanitation Program that contain significant shellfish stocks potentially available for relay into approved areas for free and common fishery.

(1)This prohibition shall not apply to the activities of a seed nursery or spat collection, or to the cultivation of scallops, or to private aquaculture operations conducted within the confines of a marina perimeter limit (as set forth in § 1.3.1(D) of this Part), or to projects which are designed, with Council approval, to enhance and restore the public resource.

(2)Aquaculture projects other than shellfish aquaculture proposed for conditionally approved waters that are not closed seasonally and prohibited waters that do not contain significant shellfish stocks potentially available for relay into approved areas for free and common fishery may be granted by the Council provided the applicant provides sufficient evidence that no harm to public health or safety will result. Such activities shall be prohibited unless the applicant provides a written statement from the director of the department of health certifying that the proposed activity will not result in product that is a public health or safety concern.

(3)Authorization may be granted by the Council for activities prohibited by this Subsection provided the operation is for research purposes or public enhancement of the resource and the applicant provides written statements from the directors of the departments of environmental management and health certifying that the proposed activity is consistent with the requirements of the NSSP.

i.When the Council issues an authorization for aquaculture all wild shellfish stock, crustaceans, seaweed, and whelks existing within the authorized area shall remain the property of the state.

j.Applicants for aquaculture operations conducted at marinas using technologies such as an upweller unit may be reviewed as a Category A activity provided that the operation is conducted within a Council-approved marina perimeter.

k.Upweller units at CRMC permitted residential docks, piers and floats may be reviewed as a Category A activity provided that:

(1)Only current Council-approved aquaculture lease holders may propose to utilize upweller units at residential docks;

(2)The inclusion of an upweller is incidental to the permitted use of the dock, pier, or float, and the original use of the structure not be inhibited by the inclusion of an upweller;

(3)All shellfish from the addition of an upweller belong to a licensed CRMC aquaculture leaseholder and that the production from the upweller will go to the owner’s lease site; and

(4)All applicable Rhode Island Department of Environmental Management and Rhode Island Department of Health Regulations are followed.

l.A CRMC assent may be issued for upweller units at CRMC permitted residential docks for a period of up to five (5) years, but in no case longer than the length of time remaining on the approved aquaculture leaseholder’s permit.

2.Prerequisites

a.Prior to issuing a permit for marine aquaculture within tidal waters, the Council shall obtain and give appropriate consideration to written recommendations from the Director or his or her designee of the Department of Environmental Management and the chairman of the Marine Fisheries Council, as required by R.I. Gen. Laws § 20-10-5. The director or his or her designee of the Department of Environmental Management shall review the application to determine that the proposed aquaculture activity will not adversely affect including, but not limited to:

(1)Marine life adjacent to the proposed area and the waters of the state, and

(2)The continued vitality of indigenous fisheries.

(AA)The chairman of the Marine Fisheries Council shall review the application to determine that it is consistent with competing uses involved with the exploitation of marine fisheries.

b.Prior to submitting a formal Category B application to CRMC for aquaculture activities within tidal waters, applicants must first submit a Preliminary Determination application for the proposed project. A formal Category B application may be submitted only after the completed Preliminary Determination report has been issued by CRMC.

c.Applicants for aquaculture operations within tidal waters must submit with their application(s) all required information as specified in the most recent version of the CRMC aquaculture checklist.

d.At the time of filing a preliminary determination (PD), the applicant shall include a DRAFT operational plan that includes the following information:

(1)Name of the applicant and the company’s name;

(2)Contact information for applicant and/or company;

(3)Description of the design and activities of the aquaculture facility;

(4)Map depicting the specific location and boundaries of the aquaculture lease and facility, including the latitude and longitude points for each boundary point;

(5)Types and locations of structures (rafts, pens, tanks, etc.);

(6)Species to be cultured and source of these organisms (i.e., wild or cultured);

(7)Expected level of activity (seasonally, weekly and daily);

(8)Procedures to prevent contamination, program of sanitation and maintenance, description of the water source including details of water treatment, program to maintain water quality, maintenance of records; and

(9)How shell stock will be harvested.

(AA)The DRAFT operational plan may be modified during the PD review process and serve as the basis for the operational plan required below under § 1.3.1(K)(3)(b) of this Part.

e.In those cases where alterations to freshwater wetlands may occur, applicants for freshwater and land-based aquaculture operations must first obtain a permit from the DEM Division of Agriculture or DEM Freshwater Wetlands prior to applying with the Council.

f.Applicants for freshwater and land-based aquaculture structures and/or improvements must obtain local building official approval and zoning approval, where necessary, prior to submitting an application to the CRMC.

g.Applicants for aquaculture operations which result in discharges to waters of the state are required to obtain a Rhode Island Pollution Discharge Elimination System (RIPDES) review by the department of environmental management to determine if a RIPDES permit is required. Said permit must be obtained by the applicant prior to any aquaculture facility discharges to waters of the state.

h.At the time of application, the applicant must provide an operational plan that details methods and record keeping to ensure that seed product - prior to exceeding the size of the seed definition - will be transferred to a permitted aquaculture facility operating in approved waters, a scientific or educational institution, or a government agency.

i.Applicants who propose to introduce non-indigenous species into a CRMC-approved aquaculture facility or lease are required to design a protocol and submit it for review and approval by the CRMC and the RIDEM with the advice and consent of the Bio-Security Board in accordance with R.I. Gen. Laws § 20-10-1.2 prior to issuance of an assent. This review can occur concurrently with the aquaculture application process.

j.All freshwater aquaculture permits will be reviewed by and receive consent from the CRMC Biosecurity Board prior to issuance of an assent. This review can occur concurrently with the aquaculture application process.

3.Additional Category B Requirements

a.Applicants proposing to undertake any aquaculture project shall:

(1)Describe the location and size of the area proposed;

(2)Identify the species to be managed or cultivated within the permitted area and over which the applicant shall have exclusive right;

(3)Describe the method or manner of management or cultivation to be utilized, including whether the activities proposed are experimental, commercial, or for personal use; and

(4)Provide such other information as may be necessary for the Council to determine:

(AA)The compatibility of the proposal with other existing and potential uses of the area and areas contiguous to it, including navigation, recreation, and fisheries;

(BB)The degree of exclusivity required for aquacultural activities on the proposed site;

(CC)The safety and security of equipment, including appropriate marking of the equipment and/or lease area;

(DD)The projected per unit area yield of harvestable product;

(EE)The cumulative impact of a particular aquaculture proposal in an area, in addition to other aquaculture operations already in place;

(FF)The capability of the applicant to carry out the proposed activities; and

(GG)The impact of the proposed activities on the scenic qualities of the area.

b.Operational plan - In accordance with the permitting requirements set forth herein, the aquaculturist must submit a written operational plan as part of their Category B Assent application to be reviewed and approved by CRMC and DEM and maintained on file with the CRMC. Operational plans will be made available for review and inspection by CRMC, DEM and the U.S. Food and Drug Administration. The operational plan must be updated and resubmitted prior to any change(s) occurring in the aquaculture operation. Aquaculture must be practiced only in strict compliance with the provisions of the approved operational plan. At a minimum, each operational plan must include the following information:

(1)Description of the design and activities of the aquaculture facility;

(2)Specific location and boundaries of the aquaculture lease and facility;

(3)Types and locations of structures (rafts, pens, tanks, etc.);

(4)Species to be cultured and source of these organisms (i.e., wild or cultured);

(5)Expected level of activity (seasonally, weekly and daily);

(6)Procedures to prevent contamination, program of sanitation and maintenance, description of the water source including details of water treatment, program to maintain water quality, maintenance of records, and

(7)How shell stock will be harvested.

4.Prohibitions

a.Fish pen aquaculture operations are prohibited in all coastal ponds and nutrient sensitive shallow embayments and coves.

b.Private aquaculture leases are prohibited in uncertified waters (i.e., restricted areas as defined by the National Shellfish Sanitation Program), which contain significant shellfish stocks available for relay into certified public waters for the free and common fishery.

c.Upwellers at existing residential docks, piers, or floats in Type 1 waters are prohibited.

d.Introduction of non-indigenous species is prohibited unless protocols are in place to ensure that no accidental releases into the state’s waters may occur. These protocols must be submitted by the applicant for advice and consent by the CRMC Bio-Security Board and approval by the RIDEM Director before any permit is issued. Any proposed modifications to the permitted operation will be reviewed by the Bio-Security Board and the RIDEM Director before an assent modification can be issued. The issuance of a permit under these stipulations can be revoked if a release of non-indigenous species takes place during the term of the assent.

e.The harvest of wild bivalve molluscan shellfish, other than spat collection, naturally occurring in a CRMC permitted lease is prohibited. All wild shellfish within a lease area will remain the property of the State of Rhode Island and remain in place for the benefit of the public resource. This resource is not to be harvested by any person for commercial or recreational purposes. Any incidental catch by the lease holder within an aquaculture lease shall be returned immediately to the same waters.

f.In the coastal salt ponds, the area occupied by commercial aquaculture, shall not exceed five percent (5%) of the total open water surface area of the coastal pond below MLW.

g.Proposed aquaculture leases may not be sited where eelgrass (Zostera marina) or widgeon grass (Ruppia maritima) exists.

5.Standards

a.Marine aquaculture within tidal waters;

(1)In the event of revocation or termination of an Assent by order of the Council or expiration of any lease or Assent, the lessee or Assent holder is responsible for restoring the area to pre-existing conditions within ninety (90) days from the date of permit revocation, termination, or expiration. This shall include the removal of all structures, rafts, floats, markers, buoys, anchors, and other equipment brought to the site. Failure to comply with the Council’s order to restore the site may result in the removal of gear and forfeiture of the assent bond posted by the lessee.

(2)Any person who maliciously and willfully destroys, vandalizes, or otherwise disrupts aquaculture activities permitted by the Council shall be in violation of an order of the Council and libel to all fines and penalties under law.

(3)All Permittees shall mark off the areas under permit by appropriate buoys or stakes, as determined by the CRMC, so as not to interfere unnecessarily with navigation and other traditional uses of the water surface. The requirement for the agreed upon marking will be found in the lease requirements detailed in the assent. All authorized limitations upon the use by the public of areas subject to the permit shall be posted by the Permittee.

(4)The aquaculturist must notify CRMC of every shipment of aquatic plants and animals for culture entering this state at least five (5) working days prior to entry into the state and each shipment must be accompanied by a certificate of disease inspection from a recognized laboratory appropriate to the species received. A copy of the certificate of disease inspection must be provided to the CRMC. Prior to shipment the CRMC shall notify DEM Enforcement and DEM Division of Fish & Wildlife of the shipment.

(5)Shellfish seed cultured in prohibited or conditionally approved waters may be transferred, by the aquaculturist, to an approved aquaculture lease in Approved waters in accordance with the terms of an approved operational plan, and with notification to CRMC. If more than ten percent (10%) of the cultured shellfish within a lot or batch exceed the definition of seed (any quahogs that exceed 20 mm, and any oysters that exceed 32 mm), they cannot be moved from other than approved waters to an approved growing area without prior permission of the DEM Director and the Department of Health.

(6)All aquaculturists desiring to use seed that have been cultured in prohibited or conditionally approved waters must include in the operational plan to CRMC details on how he/she intends to track and document the growth and harvest of these shellfish. All aquaculturists must maintain accurate and complete records of all shellfish seed culture in prohibited or conditionally approved waters and removal of such shellfish seed to approved waters including, but not limited to, source, numbers transferred, size composition, time/dates of transfer, harvest and sale of the shellfish. These records must be maintained for a minimum of two years and must be available for inspection by agents of the CRMC, DOH, DEM Division of Law Enforcement, or DEM Division of Fish and Wildlife upon request. If record keeping and tracking protocols are inadequate, then the aquaculturist must only use seed from approved waters. No shellfish may be harvested until they have spent at least six (6) months in approved waters.

(7)Any permitted aquaculturist shall only harvest those species from the lease area as specifically authorized by the CRMC Assent.

(8)An aquaculture license issued by the DEM for the possession, importation, and transportation of marine shellfish species used in any aquaculture operation shall be obtained by the applicant from the Director or his or her designee of the Department of Environmental Management prior to beginning any aquaculture activities. The aquaculturist, upon receiving the DEM aquaculture license, shall file a copy of same with the CRMC within thirty (30) days of receipt of said DEM license. (Note: Any aquaculturist desiring to be a RI shellfish dealer must obtain the requisite license(s) from DEM and the RI Department of Health.)

(9)The Council may require the leaseholder for an aquaculture facility to post a performance bond in order to ensure the cleanup and removal of said facility upon either the termination or expiration of the lease.

(10)The Executive Director may approve the transfer of a lease from the lessee to another party provided the aquaculture operation remains the same, including size, species, gear, and methods of culturing. The full Council must approve any transfers that involve a deviation from the existing assented aquaculture operation.

(11)Permittees must demonstrate that they are fully utilizing an existing lease area to be eligible for an expansion as part of a preliminary determination application.

(12)For the area known as upper Narragansett Bay defined as the area north of latitude of 41 degrees 35 minutes, proposed aquaculture farms shall be limited to a maximum size of three (3) acres. Leases may be granted by authorizing an initial two (2) acre lease. Subsequently, the third acre may be granted when the Permittee demonstrates that the initial two (2) acre lease is being fully utilized.

(13)Experimental permits.

(AA)The Executive Director may issue an experimental aquaculture permit for operations which are expressly for the purpose of developing and testing new gear or techniques for aquaculture production. Applicants may be approved for three separate sites, with up to an area of one thousand (1,000) square feet for each site. Experimental sites shall not be within 500 feet of one another. Areas in excess of this may be approved by the full Council. Experimental aquaculture Assents shall be valid for a period not to exceed three (3) years. A lease may be required and the sale of any aquaculture product is not allowed. Report of such action by the Executive Director shall be made in writing to the full Council at the next regularly scheduled meeting of the Council.

(BB)Experimental aquaculture operations wholly contained within the confines of a council-approved marina perimeter area excluded from the five hundred (500) foot separation standard, as contained above, any may maintain a total of three thousand (3,000) square feet in any configuration for such operations.

(14)Commercial viability permit.

(AA)The Executive Director may issue a commercial viability aquaculture permit for operations which are expressly for the purpose of determining if a particular site is suitable for commercial aquaculture. The applicant may have one site, limited to a thousand (1000) square feet. Commercial viability permits shall be valid for a period not to exceed three (3) years. Permits for a commercial viability shall be subject to a two (2) step process:

(i)Issuance of a one-time administrative permit for the period of eighteen (18) months; followed by a one-time council-approved permit for an additional eighteen (18) months. A lease may be required. Report of such action by the Executive Director shall be made in writing to the full Council at the next regularly scheduled meeting of the Council.

(ii)Any continuation of the operation by the applicant beyond this permit length shall require a separate application which will be considered and reviewed by the Council as a Category B application and is subject to all applicable aquaculture policies and regulations.

(iii)The permittee may, on a one time basis, sell those products approved within the permit. Upon termination of the operation, or at the end of the three (3) year permit period, whichever comes first, the Permittee must terminate the operation.

(iv)The permittee must show that, in the case of a successful trial, there is sufficient potential area to expand to a commercial aquaculture lease in the same area that the commercial viability permit was granted. The Executive Director may require the Permittee to post a performance bond in order to ensure the cleanup and removal of said facility. Detailed economic reports shall be required for all commercial viability Permittees and included with the annual report that must be filed with the CRMC.

(15)Education/research permit. The Executive Director may issue an education/research aquaculture permit for operations which expressly for the purpose of using aquaculture for education or research. A lease may be required. Applicants may be approved for three separate sites, with up to an area of one thousand (1,000) square feet for each site. Education/research sites shall not be within five hundred (500) feet of one another. Areas in excess of this may only be approved by the full Council. Educational/research aquaculture assents shall be valid for a period not to exceed three (3) years. A lease may be required and sale of any aquacultured product is not allowed, report of such action by the Executive Director shall be made in writing to the full Council at the next regularly scheduled meeting of the Council. The Executive Director may grant extensions to these permits. Each extension shall not exceed three (3) years. Educational/research aquaculture operations wholly contained within the confines of a council-approved marina perimeter are excluded from the five hundred (500)-foot separation standard, as contained above, and may maintain a total of three thousand (3,000) square feet in any configuration for such operations.

(16)Aquaculture operations shall be located at sites and operated in such a manner as to not obstruct public access to and from tidal waters.

(17)Any new lease in a coastal salt pond shall be limited in size as follows:

(AA)A maximum three (3) acres for methods using gear including, but not limited to, racks, bags, and floating cages; or

(BB)A maximum of ten (10) acres for bottom planting.

(18)Leaseholder may not apply for any lease expansion until such time leaseholder can demonstrate to the CRMC a need for additional area.

(19)Recreational permits. The Executive Director may grant permits for recreational culture of shellfish by littoral landowners as follows:

(AA)Recreational permits shall be limited to a combined total volume of forty-eight (48) cubic feet;

(BB)This cage(s) shall be hung from an existing CRMC approved dock in a manner that it will not interfere with traditional navigation;

(CC)Recreational permit holders shall follow all existing seed importation regulations;

(DD)Recreational permit holders are required to complete a CRMC approved aquaculture educational program;

(EE)All gear used under an education permit will be legibly marked with the letters “CRMC” and the CRMC permit number; and

(FF)Recreational permits will be only in areas of approved waters as defined by the National Shellfish Sanitation Program.

(20)The maximum area occupied by aquaculture leases in the coastal salt ponds is five percent (5%) of the total open water surface area of the salt pond below MLW. This limit is established based upon the current knowledge of ecological carrying capacity models.

b.Freshwater aquaculture

(1)The Council shall require a permit for all freshwater and land-based aquaculture operations located within the coastal zone or in inland locations throughout the state.

(2)Permits for land-based aquaculture operations shall be granted by the CRMC for a term not to exceed fifty (50) years.

(3)When required, all species utilized for culture within land-based aquaculture operations must be approved by the DEM director or his or her designee. The aforementioned approval must be obtained prior to the Council issuing its assent, however, it may be concurrently processed with the Council’s review.

L.Coastal wetland mitigation

1.Policies

a.In cases where the Council determines that a coastal wetland may be altered (see § 1.2.2(D) of this Part), or grants a special exception to a prohibition listed in § 1.3.1(L) of this Part, the Council shall require the mitigation of all impacts to the coastal wetland. Permanently lost or significantly altered wetlands shall be replaced through the restoration of an historical wetland or the creation of a new wetland at a site approved by the Council.

b.The Council shall not grant any variance to the policies, standards, and prerequisites set forth in this Section.

c.Pursuant to the Council's "no net loss" policy, the goal and minimum requirements of wetland mitigation projects shall be the replacement of permanently lost or significantly altered wetlands with wetlands of equal or greater area and ecological value. Mitigation projects shall be carried out in accordance with the standards set forth in § 1.3.1(L)(5) of this Part.

d.Wetlands created or restored for the purposes of replacing permanently lost or altered coastal wetlands shall be considered wetlands as defined in § 1.1.2 of this Part and subject to the policies contained in §§ 1.2.2(D), 1.1.8 and 1.1.10 of this Part.

e.Activities which shall be exempt from mitigation requirements include, but shall not be limited to; minor disturbances associated with the approved construction or repair of shoreline protection facilities in accordance with § 1.3.1(G) of this Part, minor disturbances associated with approved residential docks and walkways constructed in accordance with standards set forth in § 1.3.1(D) of this Part, insignificant or minor cutting or pruning of vegetation in accordance with a Council-approved management or restoration plan; and approved mosquito population control programs. In addition, wetlands created for the purposes of stormwater management, erosion control, or waste management, in accordance with § 1.3.1(F), shall not be subject to mitigation requirements.

f.Applicants proposing to alter coastal wetlands shall submit the application and the proposed mitigation plan concurrently. In cases where an applicant is proposing an alteration to coastal wetlands prohibited under § 1.3.1(L)(4) of this Part, the applicant shall be required to first meet the burdens of proof contained in § 1.1.8 of this Part and obtain a special exception. If the applicant obtains a special exception, or a special exception is not necessary, then the Council shall consider the merits of the proposed alteration.

g.The Council shall not consider the mitigation plan in determining whether an assent shall be granted for the alteration of a coastal wetland, but shall require mitigation as a condition of the assent. If the Council approves the proposed alteration to a coastal wetland, then the applicant shall obtain the Council's approval of the mitigation plan prior to any alteration of the coastal wetland. The issuance of the assent to alter coastal wetlands subject to mitigation requirements will be based, in part, upon adequate assurance that required mitigation is feasible and will occur.

h.To the maximum extent practicable, mitigation projects shall be carried out prior to, or concurrent with, the approved alteration of the coastal wetland.

i.To the maximum extent practicable, mitigation projects shall be carried out on-site. Where no on-site alternative exists, the Council may consider off-site mitigation within a hydrologically connected area. In circumstances where an overall benefit to the state is demonstrated and no onsite alternative exists, the Council may approve mitigation projects outside the watershed in which the impact, due to the alteration of a coastal wetland, will occur.

j.In cases where the alteration is temporary, the disturbed wetland shall be restored, to the satisfaction of the Council, immediately following the permitted activity.

k.In no case shall monetary compensation be considered as an acceptable form of mitigation.

l.The Council may consider proposals for joint mitigation projects, advanced mitigation projects, and other innovative wetland mitigation approaches, such as mitigation banks, on a case-by-case basis.

m.The Council recognizes that successful mitigation projects depend on a number of variables including the type of wetland restored or created. Accordingly, replacement ratios contained in § 1.3.1(L)(5) of this Part shall be considered minimum requirements.

n.Recognizing that restored and created wetlands require a period of time to become established as functional coastal wetlands, the Council may require the applicant to post a bond to ensure compliance with the mitigation plan and other Council stipulations.

o.Any violation of the approved mitigation plan shall constitute a violation of the assent to alter the existing coastal wetland.

p.The Council recognizes the nuisance caused by large breeding populations of mosquitoes in portions of some coastal wetlands. The Council recognizes that the problem can be effectively controlled by good wetland management practices that include open marsh water management, ditch maintenance and, in some cases, the limited use of pesticides.

2.Prerequisites

a.Applicants proposing any alteration to coastal wetlands prohibited in § 1.3.1(L)(3) of this Part shall be required to obtain a special exception from the Council (see § 1.1.8 of this Part).

b.Applicants proposing alterations to coastal wetlands are required to obtain permits from the Army Corps of Engineers and applicable permits from the Department of Environmental Management. In some cases, mitigation projects will require additional permits from the Army Corps of Engineers and the Department of Environmental Management. Applicants shall consult with these agencies for a determination of the need for additional permits and obtain any required permits prior to undertaking any mitigation activities.

c.Mosquito control programs in any coastal wetland area will be considered only when authorization from the DEM Division of Fish and Wildlife, the R.I. Mosquito Abatement Board, and the local municipality has been obtained. Further, applicants should concurrently obtain a permit from the Army Corps of Engineers. However, in some cases the Council may require the applicant to first obtain an Army Corps of Engineers permit.

3.Prohibitions

a.All alterations to coastal wetlands abutting Type 1 waters are prohibited except for minimal alterations required for the construction or repair of an approved or pre-existing structural shoreline protection facility and alterations resulting from approved mosquito population control programs.

b.Alterations to coastal wetlands abutting Type 2 waters and coastal wetlands designated for preservation adjacent to Types 3, 4, 5 and 6 waters are prohibited except for minor disturbances associated with:

(1)Residential docks approved pursuant to the standards set forth in § 1.3.1(D) of this Part;

(2)Approved construction or repair of shoreline protection facilities; and

(3)Approved mosquito population control programs.

c.Alterations to coastal wetlands which are adjacent to Types 3, 4, 5 and 6 waters and which are not designated for preservation are prohibited unless:

(1)The alteration is made to accommodate a designated priority use for that water area;

(2)The applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable; and

(3)Only the minimum alteration necessary to support the priority use is made.

d.The practice of applying broad spectrum persistent pesticides on any coastal wetland area is prohibited.

e.Future development on any mitigation site is prohibited. All alterations to mitigation sites other than those required to maintain or enhance the restored or created coastal wetland are prohibited.

4.Additional Category B requirements

a.Applicants shall demonstrate to the Council's satisfaction that:

(1)The proposed alteration will accommodate a priority use, as determined by the adjacent water type;

(2)The alternative selected is the most reasonable for supporting that priority use; and

(3)The proposed alteration is the minimum necessary to support that alteration.

b.Any mitigation plan submitted pursuant to this Section shall include, but not be limited to, the following:

(1)A site plan accurately depicting wetlands which will be altered, the proposed mitigation site, existing buffer zones and proposed buffer zones;

(2)The size, in terms of surface area, of wetlands to be altered and of the proposed mitigation site. Surface areas shall not include buffer zones; however, alterations to existing buffer zones shall be described;

(3)A description of existing elevations, soil types, flora species, vegetative densities and habitats in the wetland to be altered and for the proposed mitigation site;

(4)A description of the hydrology of the existing wetland site and proposed mitigation site including ground water levels and, where applicable, tidal and salinity ranges of the site and of adjacent inundating waters;

(5)A description of any excavation, grading, filling, etc. to be conducted as part of the mitigation plan;

(6)A description of species to be planted or seeded, spacing of plantings and/or the density of seeding, the source of vegetation to be planted, and the source of any organic soils to be introduced at the mitigation site;

(7)A schedule for implementation of the mitigation plan;

(8)Success criteria, which shall include benchmark dates and minimum survivability rates for plantings/seedings;

(9)A monitoring program; and,

(10)Evidence of financial security.

5.Standards

a.For alterations to coastal wetlands:

(1)Altered coastal wetlands shall be replaced by wetlands of a similar type (as defined in § 1.1.2 of this Part) which provide an ecological value equal to or greater than that of the altered wetland.

(2)The following ratios of replacement coastal wetland to permanently altered or lost coastal wetland shall be considered minimum compensation requirements for mitigation projects:

(AA)2:1, area of coastal wetland restored: area permanently altered or lost or

(BB)2:1, area of coastal wetland created: area permanently lost or altered.

(3)Specific replacement requirements shall be determined on a case-by-case basis, taking into account such factors as size, type and ecological value of the existing coastal wetland, and the probability of achieving fully functional replacement at the proposed mitigation site. In no case shall the Council consider mitigation projects which do not meet these minimum compensation requirements.

(4)Restored and created coastal wetlands shall be subject to buffer zone and setback requirements.

b.For mosquito population control

(1)Alterations to coastal wetlands undertaken as part of a mosquito control program shall be minimal and shall utilize open marsh water management techniques in accordance with the most recent version of Manual of Methods for Open Marsh Water Management in Rhode Island (RIDEM).

(2)Wherever possible, marsh sediments excavated as part of an approved mosquito population control program shall be placed at the terminal end of a pre-existing mosquito ditch identified for abandonment. In cases where such a pre-existing mosquito ditch does not exist or is not a feasible sediment disposal site, marsh sediments shall be disposed of at a suitable upland location.

(3)Ditches shall be no more than twenty-four (24) inches wide and not less one (1) foot, or more than three (3) feet, deep.

M.Public roadways, bridges, parking lots, railroad lines and airports

1.Policies

a.The requirements of this Section apply to all new roadways, highways, bridges, parking lots, railroad lines, and airports. Alterations and improvements to roadways, highways, bridges, parking lots, railroad lines, and airports are subject to the erosion control requirements contained in this Section and § 1.3.1(C) of this Part. Alterations and improvements to roadways, highways, bridges, parking lots, railroad lines, and airports that result in new stormwater discharges or increase storm-water discharge volumes beyond pre-development levels are subject to the stormwater management requirements contained in § 1.3.1(F) of this Part (excluded from these requirements are projects consisting only of pavement resurfacing, minor roadway repairs, or emergency drainage repairs).

b.All roadways, highways, parking lots, railroads lines, and airports shall be planned, sited, and designed to:

(1)Protect areas that provide important water quality benefits or are particularly susceptible to erosion and sediment loss;

(2)Limit land disturbances such as clearing and grading and cut and fill to reduce erosion and sediment loss;

(3)Limit disturbances of natural drainage features and vegetation; and

(4)Limit the increase of impervious surface areas, except where necessary.

c.All bridge structures shall be sited, designed, and maintained so that sensitive coastal habitat areas such as coastal wetlands and areas providing important water quality benefits are protected from adverse effects.

2.Prohibitions

a.The construction of new public transportation facilities in tidal waters and on coastal features is prohibited with the following exceptions:

(1)Construction on developed barrier beaches may be permitted, subject to the requirements of § 1.2.2(C) of this Part;

(2)Unpaved vehicle trails and parking areas may be permitted on undeveloped barrier beaches (see § 1.2.2(C) of this Part); and

(3)Construction may be permitted on manmade shorelines subject to the requirements of § 1.2.2(G) of this Part.

3.Standards

a.See standards given in "Filling, removing, or grading of shoreline features" (§ 1.3.1(B) of this Part).

b.Permeable materials shall be utilized, where practicable, to surface roadways and parking lots on shoreline features adjacent to Type 1, 2, and 3 waters.

c.Applicants shall reduce erosion and, to the maximum extent practicable, retain sediment on-site during and after construction. Applicants shall prepare and implement an erosion and sediment control plan in accordance with all of the policies and standards contained in § 1.3.1(B) of this Part.

d.Applicants shall prepare and implement a stormwater management plan in accordance with the policies and standards contained in § 1.3.1(F) of this Part.

e.See the standards contained in “Treatment of sewage and stormwater” (§ 1.3.1(F) of this Part).

N.Maintenance of structures

1.Policies

a.Persons proposing to maintain dredged channels and mooring areas (see § 1.3.1(I) of this Part) and mosquito control ditches in coastal wetlands (see § 1.3.1(L) of this Part) are in all cases required to obtain a new Council Assent.

b.Maintenance of structures and facilities for which a Council Assent has been issued is permitted upon obtaining a Certification of Maintenance from the Executive Director of the CRMC. This Certification shall establish that all applicable standards for the construction and operation of the permitted structure or facility, and any stipulations that were conditioned by the Council's Assent have been met, and are continued. Further, the Certification of Maintenance may contain additional measures to minimize the environmental impact of the activity, to promote the restoration of coastal resources, or to otherwise further the objectives and goals of this program, as may be required by staff recommendations to the Executive Director, consistent with the standards of the RICRMP.

c.Persons proposing to maintain or repair structural shoreline protection facilities shall do so in a manner consistent with § 1.3.1(G) of this Part.

d.Persons proposing to maintain previously assented structures (other than piers and docks associated with marinas) which have physically been destroyed fifty percent (50%) or more by storms, waves, or other natural coastal processes shall, upon the determination of the Executive Director, be required to obtain a new Council Assent. Such activities requiring a new Council Assent shall be reviewed according to the most current applicable programmatic requirements of the Coastal Resources Management Program, its Special Area Management Plans, and/or any other appropriate CRMC approved management plans.

e.Many structures under Council jurisdiction predate the Council and were not permitted by Council Assent when originally constructed. Persons proposing maintenance or repair activities on such structures shall be required to obtain a Certification of Maintenance, meet relevant standards of this program, or obtain a Council Assent, as determined by the Council's Executive Director.

(1)Persons proposing to: demolish structures; repair structures which have been physically destroyed fifty percent (50%) or more as a result of storm induced flooding, wave, or wind damage; and repair structures which have been destroyed fifty percent (50%) or more by fire shall be required to submit an application and meet the current programmatic requirements.

(2)Persons proposing to maintain any structure, including utilities, in or adjacent to Type 4, 5 or 6 waters that predate the Council’s jurisdiction (circa 1971) may be required to perform a fitness for purpose analysis and certification. Applicants are referred to the Council’s program document Guidelines for Fitness of Purpose Investigations and Certifications for direction.

(3)Yacht Clubs and other boating facilities that are listed on the National Register of Historic Places that are destroyed may apply for a maintenance Assent before the Council for reconstruction provided that the exact historical footprint of the structure is utilized and a similar architectural edifice is utilized on the building. All non-façade elements shall be in compliance with the latest edition of the Rhode Island State Building Code.

f.All activities, except those noted above in § 1.3.1(N)(1)(e) of this Part, for which a Certification of Maintenance is requested, shall have a valid Council Assent.

g.It is the Council's intent to allow for the continued maintenance and viability of marina operations that exist in and adjacent to the coastal waters of the state. In Type 3, 4, 5 and 6 Waters maintenance dredging, dock reconfiguration, activities such as travel lift operations and other best available technologies, and other ancillary activities necessary to maintain the operational viability of the facility should be expected to occur. The Council has detailed this policy in its handout entitled “Marina Certification Program.” (Pre-existing marinas in Type 2 Waters are covered at § 1.2.1(B) of this Part. The Marina Certification Program allows for certain maintenance activities to occur at marina facilities with approved marina perimeters. In order to be eligible for this policy, applications for marina certification must be submitted to the CRMC before October 1, 1994.

h.Minor repairs to boating facilities registered in accordance with the Council's dock registration program and authorized by the Council are permitted without further review provided that the repairs will not alter the previously authorized design, capacity, purpose, or use of the facility. Minor repairs shall only include the repair or replacement of: decking (does not include stringers); handrails; ladders; and, electrical wiring and fixtures.

i.See Table 9 in § 1.3.1(N) of this Part for maintenance provisions for dwelling additions and rebuilds within the fifty (50) foot setback zone on developed, moderately developed, and undeveloped barriers.

j.The Executive Director may require an inspection and analysis as detailed in the CRMC “Guidelines for Fitness of Purpose Investigations and Certifications” if the maintenance history of a commercial marine facility indicates a lack of maintenance activities or the facility appears to have a use that exceeds that of the original Assent or the use is different from what was originally authorized.

2.Prerequisites

a.All applicants for a Certification of Maintenance shall submit for review a valid Council Assent, dimension and/or site plans, photographs, or other information as required to make a proper determination of the nature of the request.

3.Table 9: Dwelling rebuilds and additions for maintenance activities under § 1.3.1(N) of this Part

Dunes: Existing structures

Developed Barriers

Moderately Developed and Undeveloped Barriers*

All structural alterations other than Maintenance will be required to:

Move beyond the 50-foot setback area and meet RI state building code requirements

Structural alteration

Within 50-foot setback

Landward of 50-foot setback

Cantilever decks

Allowed: maximum 25 square feet at a minimum of 8 feet above grade (in 50-foot setback area only)

Allowed

Prohibited*

Decks on roofs

Allowed: provided maximum 100 square feet and within existing footprint of roof (no new overhang)

Allowed

Prohibited*

Roof line changes

Allowed: provided no new rooms are created; no new livable space is created; no additional stories are added; does not result in a change to the existing footprint

Allowed

Prohibited*

If Foundation is NOT FEMA compliant and:

1. Rebuild In-kind

2. Other

Prohibited

Prohibited

Allowed provided RI state building code and all other RICRMP requirements are met

Prohibited*

Prohibited

If foundation IS FEMA compliant and

1. Rebuild In-kind

2. Add 2nd floor

3. Demolition and add 2nd floor

4. Other

Allowed (as maintenance, 1)

Prohibited

Prohibited

Prohibited

Allowed provided RI State Building Code and all other RICRMP requirements are met.

Allowed*

Prohibited

Prohibited

Prohibited

• On Moderately Developed and Undeveloped Barriers, only in-kind maintenance is allowed. If a lot can support it, the structure may be moved back and elevated in accordance with RI State Building Code requirements. However, in-kind rebuild is still only allowance.

These are for typical maintenance activity reviews, however, a variance may be required if erosion setbacks are farther landward than the 50-foot dune setback. In unusual circumstances, the Executive Director may invoke the maintenance provision allowances of § 1.3.1(N) of this Part. This table is for residential structures which are intact and functional at the time of application. It shall not be applicable for structures which have been destroyed 50% or more by coastal storms. Structures which have been destroyed 50% or more by coastal storms will be processed as new applications under the appropriate sections of the RICRMP and applicable SAMPs. Relief from this table requires a Special Exception. Where an activity is indicated as “allowed” it must also meet all other applicable RICRMP requirements.

1 - If structure is within the 50-foot setback area, and cannot relocate beyond 50-foot setback area, application will be determined to be a maintenance activity and the structure will be allowed to be rebuilt in-kind provided it meets current RI State Building Code and all other applicable CRMP requirements.

O.Municipal harbor regulations

1.Additional Category B Requirements

a.All municipalities seeking to issue mooring permits pursuant to R.I. Gen. Laws Chapter 46-4 shall prepare a draft harbor management plan to include harbor rules, regulations, or programs and shall apply to the Council for a determination of consistency with the Coastal Resources Management Program. Municipalities are referred to the Guidelines for the Development of Municipal Harbor Management Plans for additional guidance in establishing harbor rules, regulations or programs.

b.When a city or town enacts a police ordinance under R.I. Gen. Laws § 46-4-2, it shall not be required to request a determination of consistency with the Coastal Resources Management Program unless such by law or ordinance affects the planning, regulation, or coordinating functions of the Council.

c.The Executive Director is authorized to approve, administratively, municipal harbor regulations and ordinances for an interim period of one (1) year, provided:

(1)The municipality submits an application for review and approval, by the Executive Director, such that present conditions of the harbor and the uses made of it can be examined;

(2)In the meantime, the municipality undertakes and prepares a comprehensive harbor management plan, in conformance with the policies and requirements of the CRMP, as amended; and

(3)Until such time as a comprehensive harbor plan is prepared, all activities regulated throughout the CRMP, or which take below the mean high water mark, must come before the CRMC for review and approval, in accordance with established procedures.

2.Standards

a.Siting of mooring areas

(1)All municipal harbor management plans must include the locations of all mooring areas. Coordinates of at least the corner buoys of each mooring area must be obtained, using the Rhode Island Coordinate System 1983 as defined above.

(2)All mooring fields must be shown on a map with each mooring area's respective coordinates. Preferably, the coordinates of each mooring area should also be shown in an appendix of the HMP.

(3)All municipal harbor management plans must show the total area of each mooring area using acres, square feet, or square meters.

(4)Each corner buoy should be referenced to some landmark for common siting purposes for the general and boating publics. The coordinate system points, however, will be the final basis for establishing the location of mooring areas.

(5)Municipalities or other entities proposing to establish mooring areas shall describe them along with the coordinates for each mooring field using Global Positioning System, Registered Land Surveyor or Professional Engineer and show all detailed features of all mooring areas on a site plan at a scale of 1” = 40’ or larger: The coordinates of at least the corner buoys of each mooring area must be obtained and transferred to the RISPCS 1983. All mooring areas surveyed by a registered land surveyor or professional engineer must be stamped by the Rhode Island registered land surveyor or professional engineer. Alternative coordinate systems may be used and included within a HMP as a secondary source consistent with the geographic positions defined and specified by the RISPCS 1983.

b.Mooring field buffers and setbacks

(1)Setbacks and buffer areas are necessary when establishing mooring areas for various reasons, which include, but are not limited to:

(AA)Safety in navigation;

(BB)Access to and around federal navigation channels, anchorages, turning basins and harbor facilities; and

(CC)Access of riparian areas associated with waterfront properties and public rights-of-way sufficient to prevent interference of other harbor activities.

(2)All mooring areas must provide minimum setbacks and/or buffer areas from federal navigation projects, (i.e., channels, anchorages, mooring areas, and/or turning basins) sufficient to prevent interference to these, and other, harbor activities as follows:

(AA)Setback limits from any existing federal, traditional, or proposed navigational channels and fairways, sufficient to prevent interference with navigation.

(BB)Setback limits from shore side structures sufficient to protect ingress and egress from these facilities.

(CC)Setback limits from riparian properties and shoreline public rights-of-way sufficient to prevent interference with the exercise of private or public rights in these areas.

(DD)Buffer areas that provide sufficient protection from interference with access and\or use to designated shellfish management areas, traditional fishing grounds as defined by the CRMC, and public recreational areas.

(EE)Buffer areas that provide sufficient separation to ensure public safety in swimming areas or other CRMC approved HMP designated special activity areas.

(FF)Buffer areas that provide sufficient separation to protect research reserves, marine protected areas, conservation areas, coastal habitat restoration sites, and submerged aquatic vegetation of concern to CRMC.

c.Water quality - All mooring areas must be sited in order to ensure:

(1)Tides and currents will aid in the flushing of new, expanded, or reconfigured mooring areas;

(2)No adverse effects on water quality result from new, expanded, or reconfigured mooring areas; and

(3)Adequate, accessible, and operationally maintained pumpout services or facilities are provided.

d.Harbor management plan requirements. The Rhode Island Coordinate System of 1983 shall be used in preparation of all HMPs. The following information is necessary to develop an HMP. Details and guidance in data collection and evaluation is found in the CRMC Guidance for the Development of Municipal Harbor Management Plans:

(1)Physical setting - to include water depths, RIDEM water quality classifications, FEMA flood zones, shoal/dredge areas, and navigational hazards.

(2)CRMC water use designations – to be mapped by CRMC water types and a list of priority uses for each area.

(3)Current uses inventory – to include harbor structures, pump-out facilities, federal navigation areas, moorings, mooring counts, mooring areas, and other use areas, including aquaculture operations, and municipal shoreline zoning districts.

(4)Natural resources areas – to include wildlife conservation areas, recreational and commercial fishing areas, biological habitats (e.g., submerged aquatic vegetation and coastal wetlands).

e.HMPs shall include public access provisions as follows:

(1)Inventory and catalogue the condition of all CRMC designated rights-of-way in the community, and identify potential rights-of-way for designation by the CRMC;

(2)Establish goals, policies and recommended actions designed to preserve, protect and enhance the existing public rights-of-way to the tidal waters of the town;

(3)Design a maintenance program to be implemented by the community to improve and maintain all municipally owned rights-of-way; and

(4)Develop a prioritized list of CRMC designated rights-of-way that are municipally owned which could be improved by either public or private entities and identify appropriate site improvements required.

f.HMPs shall include water quality provisions as follows:

(1)A program for minimizing the introduction of pollutants, such as harmful cleaners and solvents and anti-fouling paints, into tidal waters from recreational boats and shoreside activities;

(2)Ensure sufficient facilities exist for the safe and sanitary disposal of organic vessel-generated waste. This shall be accomplished by having a comprehensive marina pumpout installation and maintenance plan that takes into account docked and moored vessels;

(3)A program to provide for the disposal of waste oil, plastics, trash, paint, varnish, and other inorganic materials at municipal facilities convenient to recreational boaters;

(4)Promote operation and maintenance measures for marinas and/or the CRMC Clean Marina Program; and

(5)Where significant shallow-water habitat is identified, restrict boating activities as necessary to decrease turbidity and physical destruction of such habitat.

g.HMPs shall include mooring management provisions that:

(1)Develop a resident-to-non-resident mooring allocation policy of no greater than three (3) resident mooring permits to one (1) non-resident mooring permit (3:1 ratio), unless the mooring field is within a federal navigation project, then mooring allocations shall meet the U.S. Army Corps of Engineers requirement of "open to all on a fair and equitable basis";

(2)Include the locations of all mooring areas, total area of each mooring area (acres, square feet or square meters);

(3)Moor all vessels within designated mooring areas, except for riparian moorings. Moorings assigned to riparian property owners will not be included in the total mooring count for designated mooring areas;

(4)Ensure mooring areas are not established, nor any vessel moored or anchored, so as to interfere with the free and unobstructed use of channels, fairways, or shoreside facilities within the harbor. Public mooring areas shall provide, where possible, a fifty (50) foot setback from all residential docks, piers, floats, public launching ramps, federal navigation channels, fairways, anchorages, and/or turning basins. Setback limits from riparian moorings and shoreline public rights-of-way shall be sufficient to allow for ingress and egress and to prevent interference with the exercise of private or public rights in these areas. Mooring areas shall be set back at least three (3) times the U.S. Army Corps of Engineers’ authorized project depth from federal navigation projects (e.g., navigation channels and anchorage areas);

(5)Ensure mooring areas and/or moorings dedicated to private commercial uses are not sited in federally maintained project areas;

(6)Ensure that tides and currents aid in the flushing of all new and significantly expanding mooring areas;

(7)Ensure that all new and significantly expanding mooring areas do not cause significant adverse effects on water quality;

(8)Require the prohibition of swimming and water-skiing in all designated channels, fairways, and mooring areas;

(9)Establish procedures for the administration and allocation of mooring spaces by implementing a permit system for use by all commercial and private mooring holders. Boat owners desiring a mooring shall be required to obtain a permit from the appropriate authority. In the event that all available mooring areas are filled, a waiting list for mooring permit applicants shall be developed by the municipality. The permit system, application process, and waiting list procedures shall be detailed in the Harbor Ordinance section of the harbor management plan.

(10)Do not site mooring areas where they may substantially interfere with access to designated shellfish management areas, traditional fishing grounds as defined by the CRMC, public recreational areas, and conservation areas;

(11)Do not site mooring areas where they may cause significant adverse effects on fish and shellfish resources, wetlands, submerged aquatic vegetation, or other important aquatic habitat areas;

(12)Ensure that mooring fields are serviced by adequate and accessible marine pumpout facilities and dump stations which are maintained in operational condition and regulated through local ordinance;

(13)Develop a mooring allocation policy that limits the transfer of a private mooring permit to an immediate family member (brother, sister, mother, father, spouse, children or grandchildren) to a one (1) time basis and prohibits the mooring permit transferee from subsequently transferring that private mooring permit under any circumstance. All private mooring permits that are forfeited by or not renewed by the transferee shall be made available to individuals on the waiting list; and

(14)Address outhauls (defined in § 1.1.2 of this Part) through local ordinance.

h.HMPs shall include storm preparedness provisions that:

(1)Assess the type and degree of risk that harbor and shoreline users face from natural hazards;

(2)Develop strategies that prepare for, respond to, and recover from natural disasters;

(3)Identify long term mitigation projects that will reduce damage from natural disasters; and

(4)Describe specific steps for coordinated implementation.

3.Prohibitions

a.Mooring field corner buoys shall not be used for the mooring of vessels.

b.Privately managed commercial mooring areas are prohibited within a federal navigation project.

c.New or expanded mooring areas are prohibited within CRMC Type 1 Waters.

d.Maintenance and improvement dredging, recreational mooring areas, commercial operations other than fishing and/or aquaculture, structural shoreline protection facilities, residential boating facilities, marinas, and launching ramps are all prohibited uses in CRMC designated Type 1 waters.

e.Commercial mooring areas, improvement dredging, and marinas are prohibited uses in CRMC designated Type 2 waters.

f.Houseboats or floating businesses are prohibited from mooring or anchoring unless within the boundaries of a CRMC authorized marina.

g.The disposal of untreated boat sewage wastes by any means into coastal waters is prohibited.

P.Boat lift and float lift systems

1.Policies

a.Boat and/or float lifts may be allowed in Type 3, 5, and 6 waters. Boat and/or float lifts may be allowed in Type 2 Waters in accordance with this Section. For Council purposes, the raising of floats and ramps by manual methods (manual pulleys, come-a-longs, etc.) for temporary elevated off-season storage shall not be considered a float lift in accordance with this Section. This exception shall only apply to methods that do not require the installation of permanent winches, pulley systems or other permanent mechanical structures, pilings, or equipment. The off-season shall be considered November 1 to May 1.

b.It is the Council’s policy to assess all boat and/or float lifts for their appropriateness given site conditions, including impacts on public trust and coastal resources, aesthetic and scenic resources, and cumulative impacts. Boat and/or float lifts in Type 2 waters shall be allowed only for the minimum amount necessary to accommodate a residential dock.

2.Prerequisites

a.Boat and float lift applications for Type 2 waters shall be considered Category B applications (see § 1.3.1(A) of this Part).

b.All applications for boat lifts or float lifts in Type 2 waters, whether as part of a residential boating facility application or separate, shall be referred to the Council for a hearing. If a residential boating facility application includes a boat and/or float lift and is proposed in Type 2 waters, then the entire application shall be heard by the Council. All other boat and float lift applications shall be reviewed in accordance with the Council’s established policies as found in § 1.3.1(D) of this Part.

c.Boat and float lifts (defined in § 1.1.2(A)(18) of this Part) are considered by the Council to be accessory structures to residential boating facilities, and as the Council only approves or denies a recreational boating facility on the merits of the structure given existing site conditions, boat and/or float lift requests shall not be deliberated by the Council unless the Council has separately or previously approved an application for a residential boating facility. Such an application for a residential boating facility may include a request for a boat and/or float lift; however the Council shall not weigh the benefits or disadvantages of a boat or float lift as an argument for a residential boating facility approval or denial in its deliberations of a residential boating facility application.

d.An application for a Council Assent for a boat and/or float lift will include a plan prepared and stamped by a professional engineer.

3.Prohibitions

a.Marine railway systems are prohibited except in association with: a marina; or, a commercial or industrial water dependent activity in type 3, 5, and 6 waters.

b.Boat and float lifts are prohibited in Type 1 waters and in association with existing previously-permitted residential boating facilities in Type 1 waters.

c.Since the Council has determined that boat and float lifts detract from the high scenic value and important visual characteristics of Type 2 waters, and, since these structures may be considered an unacceptable intensification of use within certain public waters designated for low intensity use, boat and float lifts are prohibited from all Type 2 waters within the following waterbodies:

Pawcatuck River

Winnapaug Pond

Quonochontaug Pond

Ninigret Pond

Green Hill Pond

Potter Pond

Pt. Judith Pond

Narrow River

Bissel Cove

Wickford Harbor

Barrington River

Palmer River

Kickemuit River

Potter Cove

Bristol Harbor

Blue Bill Cove

d.Lift superstructures such as but not limited to beams and joist-like structures that sit or are fixed atop pilings are prohibited.

e.Float lifts shall be limited to one (1) per residential boating facility. More than one (1) float lift at a residential boating facility shall be prohibited.

4.Standards

a.Boat lift and float lift structures may only be authorized as an accessory structure connected to a fixed pier or shoreline bulkhead. When raised, the gunwale of the vessel or the deck of the float shall not be any higher than the deck of the fixed pier or shoreline bulkhead to which it is attached, or the bottom of the vessel or float shall not be greater than five (5) feet above the high tide level, whichever is lesser. When a lift system can allow a vessel or float to be raised higher than this standard, then mechanical stops limiting the height allowance must be employed.

b.The height of the lift system shall not be higher than the height of the pilings used to construct the dock, or shall not be higher than five feet (5’) above the deck of the pier to which it is constructed, whichever is lower. However, the winch of the lift system may sit affixed to the top of a piling.

c.Boat and/or float lifts shall not intrude into the area within twenty-five (25) feet of an extension of abutting property lines unless:

(1)It is to be associated with a residential boating facility which is a common structure for two (2) or more adjoining owners concurrently applying, or

(2)A letter or letters of no objection from the affected owner or owners are forwarded to the CRMC with the application.

d.Boat lifts shall be limited to two (2) per residential boating facility.

Q.Wetland walkover structures

1.Policies

a.The abundance and diversity of plant and animal life (reference § 1.3.1(A)(1)(e) of this Part), overall habitat values for feeding, nesting and resting cover for wildlife, fish productivity, and the probability of providing acceptable habitat for rare and sensitive species of plant and animal life, often improve dramatically as coastal wetlands increase in size. Further, certain species depend exclusively on large tracts of uninterrupted salt marsh. Consequently, activities and alterations which disturb or bisect large tracts of coastal wetland into smaller segments cause ecological damage commonly referred to as “habitat fragmentation.” The Council recognizes that habitat fragmentation and other disturbances of large areas of coastal wetland may significantly impact important ecological values, or may cause the decline, or eventual elimination of certain species of plant and animal life.

b.It is the policy of the Council to prohibit wetland walkover structures unless it is demonstrated that the structure provides the only reasonable access available to an applicant for access on his/her property for passive recreational pedestrian purposes, and that the wetland will incur significant environmental damage from foot traffic. In cases where the Council finds that wetlands will not incur significant environmental damage from foot-traffic, dependent on individual site assessments, the Council may deny wetland walkover structures.

c.Wetland walkover structures proposed to extend beyond the limit of emergent vegetative wetlands are considered residential boating facilities as defined at § 1.3.1(D) of this Part.

2.Prerequisites

a.Wetland walkover structure applications in Type 2 waters and in coastal wetlands designated for preservation or restoration shall be considered Category B applications (see § 1.3.1(A) of this Part). Wetland walkover structures in Type 3, 4, 5, and 6 waters shall be considered Category A* applications.

3.Prohibitions

a.Activities including but not limited to attached decks, docks, observation platforms, floats, or other similar structures are prohibited on or adjacent to wetland walkover structures.

b.Wetland walkover structures are prohibited in Type 1 waters. Wetland walkover structures are prohibited in Type 2 waters where there are:

(1)Wetlands having ten (10) acres or more of salt marsh habitat in total area;

(2)Wetlands determined to have high fish and wildlife habitat value based on staff review; and/or

(3)Wetlands which provide high scenic value as determined by the Council. Wetland walkover structures greater than one hundred (100) feet in length are prohibited.

c.Wetland walkover structures are prohibited from crossing any salt marsh pools, tidal creeks or pannes, open waters of coastal ponds, or any other open tidal or nontidal waters, excluding freshwater streams, rivers, and salt marsh mosquito ditches.

d.Wetland walkover structures are prohibited over wetlands contained within wildlife refuges, state management areas, and other public properties, unless the structure is to be used by the public and is determined by the Council to have no significant environmental impact.

4.Standards

a.Wetland walkover structures crossing marshes shall be constructed during the winter dormant season, December 1 through March 15.

b.Construction over wetlands shall be thirty (30) inches in height above the ground (wetland substrate) surface as measured from the decking of the structure. In certain cases, to protect wetlands having tall vegetative life forms, and based on individual site assessments, the Council may require that the structure be elevated to a maximum height of fifty (50) inches.

c.Maximum width of wetland walkover structures shall be two and one-half (2½) feet.

d.Installation of pilings shall be conducted manually and spaced fifteen (15) feet on center, spanning the wetland if possible.

e.Deck spacing shall be one (1) inch minimum using 5/4" decking material, for light penetration.

f.In order to minimize the scenic impact of wetland walkover structures, the use of handrails shall be strictly avoided. Where it is determined a wetland walkover structure constructed to CRMP height standards without handrails represents a safety concern, the Council may choose to grant a variance to the height standard rather than authorize handrails.

g.Construction materials of wetland walkover structures shall be limited to timber or recycled timber products, except for timber connection hardware. The use of creosote as a wood preservative is prohibited.

h.Site plans for wetland walkover structures shall be drawn to scale, accurately show all property lines and the affected wetland, accurately describe the type of wetland to be spanned, and include all necessary construction details. A site plan prepared by a RI-certified professional engineer or registered land surveyor shall be required for wetland walkover structures greater than thirty (30) feet in length, and a biologist may be required to flag the wetland edge.

i.Wetland walkover structures shall be limited to one (1) per lot of record.

j.See standards in § 1.3.1(B) of this Part - Filling, removing, or grading of shoreline features, as applicable.

k.Structures shall be adequately designed and anchored to resist displacement by storm surge and wind.

R.Submerged aquatic vegetation and aquatic habitats of particular concern

1.Policies

a.The Council's goal is to preserve, protect and where possible, restore SAV habitat. In cases where the Council determines that SAV may be altered or grants a special exception to a prohibition listed in § 1.3.1(R)(2) of this Part, the Council shall require the mitigation of all impacts to SAV. Such activities requiring mitigation include, but are not limited to, marina expansions, dredging, filling in tidal waters, construction of commercial docks and/or structures and any other activity determined by CRMC that has not significantly or appropriately avoided impacts to SAV. Permanently lost or significantly altered SAV shall be replaced through the restoration of an historical SAV habitat or the creation of a new SAV habitat at a site approved by the Council. The ratio of restoration to loss shall be 2:1.

b.Activities under CRMC jurisdiction, including residential, commercial, industrial, and public recreational structures (§ 1.3.1(A) of this Part), recreational boating facilities (§ 1.3.1(D) of this Part), sewage treatment and stormwater (§ 1.3.1(F) of this Part), dredging and dredged materials disposal (§ 1.3.1(I) of this Part), filling in tidal waters (§ 1.3.1(J) of this Part), aquaculture (§ 1.3.1(K) of this Part), and activities undertaken in accordance with municipal harbor regulations (§ 1.3.1(O) of this Part), shall avoid and minimize impacts to SAV habitat.

c.The Council supports cooperative efforts to determine the current status and identify trends in the health and abundance of SAV species in Rhode Island using the best information as it becomes available.

d.Deep water habitats include subtidal waters bordering the immediate shoreline where a depth of three (3) or more meters is typically achieved within one hundred (100) to two hundred (200) feet seaward of the MLW mark. In these areas, eelgrass is typically limited to the shoreline fringe. This environmental setting is typical of the open waters of Narragansett Bay, Block Island and Rhode Island Sounds. Examples of these areas include the shorelines of Prudence Island, Jamestown and Block Island.

e.Shallow water habitats include subtidal waters where a depth of 3 meters is not attained within 100 – 200 feet of the shoreline and where the average waterbody depth is generally less than 3 meters. This situation is typical of the salt ponds and other shallow coastal embayments.

f.The Council shall assess the potential impacts to SAV and its habitat from proposed activities on a case-by-case basis. Such impacts may include, but shall not be limited to, the introduction of excess nutrients, sedimentation, shading, and/or disruption of SAV and SAV habitats.

g.All impacts to SAV and SAV habitat shall be avoided where possible and minimized to the extent practicable. Where the impacts are substantial or cannot be avoided or minimized, the Council may deny the application. The Council may exercise greater discretion if the proposed site is adjacent to or includes a restoration site and/or the site includes the sole source of SAV habitat.

h.SAV habitats designated for preservation within the boundaries of the Narragansett Bay National Estuarine Reserve (NBNERR) are identified on the SAV Habitats Designated for Preservation in Narragansett Bay maps (January 13, 2000), available for inspection at the Council's offices. The Narragansett Bay National Estuarine Research Reserve includes waters extending to the 18-foot depth contour around Patience Island, the northern half of Prudence Island, portions of the southern half of Prudence Island and Hope Island. In areas within the NBNERR which are designated for preservation on the above maps, alterations and activities which impact the health and abundance of the SAV habitat are prohibited. These maps serve to identify individual SAV habitats, and are for general reference only; in all cases precise boundaries shall be determined through a proper survey conducted in accordance with these guidelines when proposals that could impact these features are being considered.

i.In tidal waters where applicants propose activities under §§ 1.3.1(C), (D), (F), (I), (J), (K), and (O) of this Part, and the Council’s staff determines that SAV habitat is not present, an SAV survey will not be required. When such activities are proposed in areas of current or historic SAV habitat, an SAV survey shall be required (see § 1.3.1(R)(3) of this Part).

j.It is the policy of the Council that SAV surveys shall be completed during peak biomass. SAV surveys shall be completed in Narragansett Bay between July 1 and September 15. SAV surveys shall be completed in the south shore coastal ponds and other shallow water embayments between July 1 and August 15. SAV must be avoided where possible by utilizing any available location and orientation which does not require crossing the bed with the dock. In evaluating applications for dock construction, and/or modifications to existing docks, in areas of known SAV habitat, the Council will consider dock design features including, but not limited to, the height and width of the dock structure, the orientation of the dock structure, the availability of sunlight to the eelgrass habitat, the cumulative impacts of multiple docks in the area, the disruption caused by construction and the disruption caused by normal use and maintenance of the dock structure. In determining the permissible design of a facility in an SAV habitat, the Council will rely on the latest available research, such as research findings developed by Burdick and Short (1995), and designs appropriate for the area.

k.Aquaculture operations, which utilize floating racks and bottom culture techniques, can shade SAV. However, shellfish aquaculture is acknowledged to improve water quality. Therefore, in cases where an aquaculture permit has been issued where SAV was not present and then due to improved water quality as a result of aquaculture operations, SAV subsequently colonizes within the permitted facility area, the leaseholder shall be considered grandfathered and not subject to the standards/requirements of this Section. Future proposed expansions shall be subject to review under this Section.

2.Prohibitions

a.The Narragansett Bay National Estuarine Research Reserve (NBNERR) includes waters extending to the eighteen (18) foot depth contour around Patience Island, the northern half of Prudence Island, portions of the southern half of Prudence Island, and Hope Island. In areas within the NBNERR which are designated for preservation on the SAV Habitats Designated for Preservation in Narragansett Bay maps, alterations and activities which impact the health and abundance of SAV habitat are prohibited.

b.Floats, and float and platform lifts (including grate-type structures) associated with residential docks are prohibited over SAV as defined herein (See § 1.1.2(A)(157) of this Part).

c.Boat lifts having the capacity to service vessels larger than a tender (vessels greater than twelve (12) feet long and greater than one thousand two hundred (1,200) lbs) are prohibited over SAV.

d.The long-term docking of vessels at a recreational boating facility shall be prohibited over SAV.

e.Residential docks that span eelgrass beds to avoid and/or minimize impacts to said eelgrass and which are proposed to be 200 feet or more in length seaward of mean low water (MLW) shall be prohibited.

3.Standards

a.For activities under §§ 1.3.1(C), (D), (F), (I), (J), (K), and (O) of this Part, where the Council’s staff is satisfied that SAV is not present within the limits of the proposed activity, an SAV survey will not be required.

b.For activities under §§ 1.3.1(C), (D), (F), (I), (J), (K), and (O) of this Part, the Council shall require SAV surveys in tidal waters of the south shore salt ponds and other shallow water embayments, around Jamestown, Newport and in other areas when the Council’s staff has evidence of SAV habitats. In areas where the Council’s Staff lacks enough evidence to make a determination of SAV presence or absence, an SAV survey may be required.

c.A survey that has been conducted three or more years prior to the date of the application will not satisfy the requirements of this Section.

d.Where an SAV survey is required, the following standards are required. CRMC staff may require additional information:

(1)SAV surveys shall be completed during peak biomass. SAV surveys shall be completed in Narragansett Bay between July 1 and September 15. SAV surveys shall be completed in the south shore coastal ponds and other shallow water embayments between July 1 and August 15.

(2)Define the area of SAV within the limits of the proposed activity. The SAV survey requires a series of transects located between the property line extensions associated with the proposed project site. A survey shall include transect lines (quantity dependent on the size of the project area) running perpendicular to the shoreline three (3) meters apart (10 feet). Along each transect line a 1m² quadrat sampling station shall be placed every three (3) meters (10 ft). It is important to go beyond the impacted area, especially to understand the impacts of the dock to SAV. In the case of fragmented beds, transect lines every two (2) meters may be necessary. For projects not adjacent to the shoreline (i.e., aquaculture projects), locate the transects relative to another reference, such as a channel boundary or depth gradient.

(3)Define a datum. The survey data for SAV shall be mean low water (MLW). MLW shall be set equal to zero.

(4)Quantify SAV along the transects. Establish in-water sampling stations along transects along the bottom or as otherwise necessary to accurately delineate the bed. Use a quadrat measuring 1 m on each side. At each sampling station, determine percent coverage for SAV. Record the following data for each station:

(AA)General sediment type (silt, mud, sand, shell, etc.) based on observation or shallow surface core only;

(BB)Estimate of percent coverage for each quadrat; and

(CC)Estimate the mean shoot length.

(5)Report data collected. Overlay the SAV percent coverage and water depth data onto the site plan for the dock. Show transects, sampling stations, water depth, date and time of survey, and fixed-point locations on the site plan. For each transect, areas of SAV and associated water depth shall be located on the plans, as well as the landward and seaward (where practicable) limits of SAV.

e.Standard design options for the construction of residential boating facilities in areas of SAV habitat.

(1)If it is determined that SAV cannot be avoided, the impact to the bed must be minimized by reducing the amount of structure over the bed, by making provisions for avoiding the docking or mooring of boats over the bed and through the utilization of a design which minimizes boat travel through the bed as necessary to minimize propeller impacts including leaf shearing and sediment scouring.

(2)Deep-water habitat (see §.1.3.1(R)(1)(c) of this Part) dock design: Docks which cannot avoid the crossing of SAV shall minimize shading impacts through the utilization of a design which is consistent with the “Burdick and Short” method. Docks designed to the Burdick and Short method shall extend to a minimum depth of – 5’ MLW or shall extend to the seaward limit of the bed. CRMC regulations prohibit the installation of floats over eelgrass beds (see § 1.3.1(R)(4)(b) of this Part). Facilities which do not span the bed shall terminate as an elevated fixed pier or may utilize a fixed T or L section which is turned at a 90-degree angle to the main pier. All fixed T and L sections shall be designed to meet Burdick and Short. Access from the fixed pier, T or L section shall be by a ladder. Applicants proposing a dock using this design methodology may not dock a boat at the facility for purposes other than touch and go use and must show that a mooring is available for the long-term mooring of vessels proposed to be serviced by the facility. “Burdick and Short” methodology is available from the CRMC.

(3)The maximum length for facilities designed to meet Burdick and Short shall be when a depth of -5 MLW is obtained.

(4)Where a facility is not authorized to have a float, boat lifts to service tenders twelve (12) feet in length or less and having a one thousand two hundred (1,200) pound weight capacity or less may be authorized. These lifts shall be located near the terminus of the T or L section and achieve a minimum depth of four (4) feet MLW. Boat lifts of greater capacities over SAV are prohibited (see § 1.3.1(R)(4)(c) of this Part).

(5)In shallow water habitats, where it is possible to avoid the bed by limiting the seaward extent of the facility, the design plans must depict the inland edge of the existing bed as well as depth soundings along the proposed facility. If a depth of 18 inches at MLW is obtained prior to encroaching on SAV, then the dock shall terminate at that length and depth.

(6)Pile driving equipment may not be grounded on SAV during construction.

f.In order to minimize impact upon SAV, all operations and docking of vessels shall be confined to the terminal portion of the facility. Docking and operation of motorized boats and/or other vessels elsewhere along the facility shall only be permitted over areas of no SAV habitat, as determined during staff review.

1.3.2Alterations to Freshwater Flows to Tidal Waters and Water Bodies and Coastal Ponds

A.Policies

1.The Council recognizes that alterations to the volume and timing of fresh water discharged to estuarine water bodies can have a significant effect on the species and abundance of organisms present in the estuary and may also cause changes to sedimentation, erosion patterns, and flooding.

2.It is the Council's policy to maintain and enhance fish runs and to consult with the Department of Environmental Management when considering proposals that may affect these features.

B.Prerequisites

1.The construction of dams, tidal gates, and other structures affecting flows of tributaries and the circulation of tidal water bodies shall require an Army Corps of Engineers permit.

C.Standards

1.See standards given in "Filling, Removing, or Grading of Shoreline Features" in § 1.3.1(B) of this Part, as applicable.

2.See standards given in "Construction of Shoreline Protection Facilities" in § 1.3.1(G) of this Part, as applicable.

3.See standards given in "Sewage Treatment and Disposal" in § 1.3.1(F) of this Part, as applicable.

1.3.3Inland Activities and Alterations that are Subject to Council Permitting

A.Policies

1.For consistency with state land development legislation, the Council hereby adopts the activities identified by R.I. Gen Laws. § 45-23-27 as applicable for review.

2.The Council shall review all proposals inland of the area contiguous to shoreline features which involve any of the above identified activities and alterations. The Council shall determine whether such proposals have a reasonable probability of conflicting with this Program or with adopted CRMC Special Area Management Plans, or have the potential to damage the coastal environment. Since, with the exception of those activities defined below, it is not practically feasible for persons proposing every activity that may come under Council jurisdiction to undergo such a review, the Council's policy is to assume the responsibility of informing parties proposing such inland activities or alterations when such a review is considered necessary. Where Council jurisdiction has established that there is a reasonable probability of conflict with this Program or an adopted CRMC Special Area Management Plan, or where potential exists to damage the coastal environment, the Council shall require that an Assent be obtained and that suitable modifications to the proposal be made.

3.Council Assents are also required for any other activity or alteration not listed in Table 1, Table 1A, or Table 1B, but which has a reasonable probability of conflicting with the Council’s goals and its management plans or programs, and/or has the potential to damage the environment of the coastal region.

4.Persons proposing subdivisions, cooperatives, and other multi ownership facilities, [of six (6) units or more] or activities generating more than forty thousand (40,000) square feet of impervious surface any portion of which extends onto a shoreline feature or its contiguous area, or within critical coastal areas, or those areas as identified in R.I. Gen. Laws § 45-23-27 are required to apply for a Council Assent.

5.Applicants proposing any of these activities shall satisfy all requirements specified in the RICRMP and any applicable special area management plan. Applicants shall also submit the following with their applications:

a.A stormwater management plan as required in § 1.3.1(F) of this Part and as described in the most recent version of the DEM Stormwater Management, Design, and Installation Rules (250-RICR-150-10-8).

b.A soils map of the property (suggested scale 1:200) with an accompanying analysis of the best use potential of the soils present; the soils maps and use potentials analysis prepared by the U.S.D.A. Natural Resources Conservation Service should be used as the basis for this analysis.

c.An overlay map showing the principal vegetation types or any significant features identified by the R.I. Natural History Survey and the R.I. Historic Preservation and Heritage Commission on the property; the maps prepared by McConnell (1974) and Kupa and Whitman (1972) may be the basis for information on vegetation.

d.An overlay showing the proposed subdivision layout, including buildings, roadways, parking areas, drainage systems, sewage treatment and disposal facilities, and undisturbed lands.

e.A Site Plan as detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual.

f.Prior to permitting, an archeological survey when recommended by the state Historical Preservation & Heritage Commission.

6.Applicants shall submit this information to the Council for review at the earliest stages of planning such projects and are required to utilize the Council's Preliminary Determination process in accordance with applicable requirements of the Land Development and Subdivision Review Enabling Act (R.I. Gen. Laws § 45-23-25 et seq.). Where so requested, all parties shall discuss their findings and recommendations at the municipality's pre-application conference, preliminary hearing, or similar proceeding. The findings and recommendations resulting from the coordinated, joint review shall be forwarded to the full Council. Where the Council finds a reasonable probability of conflict with this Program or with an adopted CRMC Special Area Management Plan, or finds there is a potential to damage the coastal environment, the Council shall require that suitable modification to the proposal be made or shall deny its Assent.

7.In those cases where a subdivision has been approved by the Council, any person wishing to conduct an approved activity, in accordance with the stipulations of the Council Assent, need not apply for a separate Assent unless so required by a stipulation of the Assent.

8.Applicants proposing the following projects are required to submit these projects for the Council's review:

a.Power generating plants over forty (40) megawatts;

b.Chemical or petroleum processing, transfer or storage facilities (excluding storage facilities of less than 2,400 barrel capacity);

c.Freshwater wetlands in the vicinity of the coast;

d.Minerals extraction;

e.Sewage treatment and disposal facilities (excluding onsite wastewater treatment systems);

f.Solid waste disposal facilities; and,

g.Desalination plants.

9.Applicants proposing these activities shall demonstrate in writing that the Additional Category B requirements contained in § 1.3.1(A) of this Part have been satisfied. If the Council determines that there is a reasonable probability that the project may impact coastal resources, then it shall be required to obtain a Council Assent in accordance with all applicable requirements of this program.

B.Prerequisites

1.Solid waste disposal: permits from the Department of Environmental Management are required pursuant to the Solid Waste Management Act; and Air Quality Permit will have to be obtained from DEM if disposal practices include incineration. Disposal of hazardous wastes requires DEM permits pursuant to the R.I. Hazardous Waste Management Program as well as EPA permits.

2.Minerals extraction: DEM may require a wetlands permit and a Section 401 Water Quality Certification; the U.S. Department of Interior, Office of Surface Mining, issues permits for mining operations not including sand and gravel extraction.

3.Chemical processing, transfer, and storage: DEM may require permits pursuant to the Solid Waste Management Act and the R.I. Hazardous Waste Management Program, as well as an Air Quality Permit, Section 401 Water Quality Certification, and a Spill Contingency Plan. The DEM may require a Rhode Island Pollution Discharge Elimination System (RIPDES) permit.

4.Power generation: persons proposing a hydroelectric plant are required by DEM to obtain a Wetlands Permit, Dam Safety Certificate, and a Section 401 Water Quality Certification; a Preliminary Permit will also have to be obtained from the Federal Energy Regulatory Commission (FERC). Other power generating facilities may require a DEM Air Quality Certificate, Section 401 Water Quality Certification, and Spill Contingency Plan. An NPDES permit may have to be obtained from EPA Region 1.

5.Petroleum processing, transfer, and storage: DEM may require an Air Quality Certificate, a Section 401 Water Quality Certification, and a Spill Contingency Plan.

6.Sewage treatment and disposal: DEM requires an OWTS permit for onsite sanitary sewage disposal. Other facilities may require: an Underground Injection Control permit from the DEM; a DEM Section 401 Water Quality Certification, or a RIPDES permit from DEM.

C.Additional Category B requirements

1.Applicants proposing energy related facilities are referred to § 1.3.1(H) of this Part.

2.Persons proposing subdivisions, co-operatives, and other multi-ownership facilities, of six (6) units or more, or facilities which use larger onsite wastewater treatment systems (as defined in the RIDEM regulations for onsite wastewater treatment systems) which are designed, installed, or operated as a single unit to treat more than two thousand (2,000) gallons per day or any combination of systems owned or controlled by a common owner and having a total design capacity of two thousand (2,000)gallons per day, or facilities requiring one (1) acre or more of parking, any portion of which extends onto a shoreline feature or its contiguous area, or within the watershed of the poorly flushed estuaries delineated on the maps accompanying this program, are required to apply for a Council Assent. Applicants shall submit the following information to the Council for review in the early stages of planning such facilities:

a.A soils map of the property (suggested scale 1:200) with an accompanying analysis of the best-use potential of the soils present; the soils maps and use potentials analysis prepared by the U.S.D.A. Natural Resources Conservation Service should be used as the basis for this analysis.

b.An overlay map showing the principal vegetation types or any significant features identified by the R.I. Natural History and the R.I. Historic Preservation and Heritage Commission on the property; the maps prepared by McConnell (1974) and Kupa and Whitman (1972) may be the basis for information on vegetation.

c.An overlay showing surface drainage patterns and, where available, information on the depth to groundwater and the direction and volume of groundwater flows.

d.An overlay showing the proposed subdivision layout, including buildings, roadways, parking areas, drainage systems, sewage treatment and disposal facilities, and undisturbed lands.

e.Prior to permitting, an archeological survey when recommended by the state Historical Preservation & Heritage Commission.

3.This information shall be forwarded by the Council to other divisions of DEM for concurrent review. The city or town in which the action is proposed shall be notified of the review and invited to participate; where so requested, all parties shall discuss their findings and recommendations at the municipality's pre-application conference, preliminary hearing, or similar proceeding. The findings and recommendations resulting from the coordinated joint review shall be forwarded to the full Council. Where the Council finds a reasonable probability of conflict with this Program or with an adopted CRMC Special Area Management Plan, or finds there is a potential to damage the coastal environment, the Council shall require that suitable modification to the proposal be made or shall deny its Assent.

4.In those cases, where a subdivision has been approved by the Council, any person wishing to conduct an approved activity, in accordance with the stipulations of the Council Assent, need not apply for a separate Assent unless by permit condition.

5.In computing six units or more the units shall be a total cumulative number of units on the property proposed after March 11, 1990, irrespective of ownership of the property or when the units are proposed.

D.Standards

1.See standards given in "Filling, removing, or grading" in § 1.3.1(B) of this Part, as applicable.

2.See standards given in "Residential, commercial, industrial, and public recreational structures" in § 1.3.1(C) of this Part, as applicable.

3.See standards given in "Treatment of sewage and stormwater" in § 1.3.1(F) of this Part, as applicable.

1.3.4Activities Located Within Critical Coastal Areas

A.Policies

1.It is the goal of the Council to manage the watersheds of poorly flushed estuaries and critical coastal areas as an ecosystem, and to maintain the scenic qualities and habitats of the region, in addition to the diversity and intensity of activity. This requires that the Council balance multiple uses of the region, while preserving and, where possible, restoring the environmental quality. Managing these ecosystems requires managing the impacts associated with onsite sewage disposal, nutrient loadings to groundwater, stormwater runoff, erosion and sedimentation, changes in salinity levels, alterations to wetlands, and the degradation of other sensitive aquatic and terrestrial habitats as a result of development. Because the poorly flushed estuaries are particularly susceptible to the cumulative and secondary impacts of development, managing these ecosystems requires a comprehensive and coordinated long-term management approach as well as protective measures in excess of those afforded by the RICRMP.

2.Accordingly, the Council has developed Special Area Management Plans which contain ecosystem-based management strategies that address diverse issues consistent with the Council's legislative mandate to preserve and restore ecological systems. Central to this strategy is the recognition of complex interrelationships within the ecosystem. Special pollution concerns as well as cumulative and secondary impacts of various development activities on coastal resources require the Council to review specified activities inland of the two hundred (200) foot contiguous area within critical coastal areas because the activities have a reasonable probability of conflicting with the goals and objectives of the special area management plans and lead to clear impacts on coastal resources. The specified activities correspond to major land uses and impacts on the ecosystem.

3.Since, with the exception of those activities defined below, it is not practical for every activity that may come under Council jurisdiction to undergo review the Council's policy is to assume the responsibility of informing parties proposing such inland activities or alterations when such a review is considered necessary.

4.The Council has determined that the following activities within the watersheds of poorly flushed estuaries have a reasonable probability of conflicting with the management goals and objectives of this program or the Council's special area management plans:

a.Subdivisions, cooperatives, and other multi-ownership facilities [of six (6) units or more];

b.A structure serviced by an onsite wastewater treatment system serving two thousand (2,000) gallons or more per day;

c.An activity which results in the creation of forty thousand (40,000) sq. ft. or more of impervious surface;

d.Construction or extension of municipal or industrial sewage treatment facilities and sewer lines; and,

e.Construction or extension of water distribution systems and/or supply lines.

f.All roadway construction and upgrading projects; and

g.Development affecting freshwater wetlands in the vicinity of the coast.

5.Applicants proposing these activities within critical coastal areas are required to apply for a Council Assent.

6.Applicants proposing any of the activities identified above shall satisfy all applicable requirements specified in the RICRMP as well as the Council's special area management plans. Applicants are also required to submit the following with their applications:

a.A stormwater management plan prepared in accordance with § 1.3.1(F) of this Part.

b.An erosion and sediment control plan prepared in accordance with the standards contained in § 1.3.1(B) of this Part.

c.A soils map of the property (suggested scale 1:200) with an accompanying analysis of the best-use potential of the soils present; the soils maps and use potentials analysis prepared by the U.S.D.A. Natural Resources Conservation Service should be used as the basis for this analysis.

d.An overlay map showing the principle vegetation types or any significant features identified by the R.I Natural History Survey and the R.I Historic Preservation and Heritage Commission on the property; the maps prepared by McConnell (1974) and Kupa and Whitman (1972) may be the basis for information on vegetation.

e.An overlay showing the proposed subdivision layout, including buildings, roadways, parking areas, drainage systems, sewage treatment and disposal facilities, and undisturbed lands.

f.A site plan as detailed in the most recent version of the DEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8).

7.The city or town in which the action is proposed shall be notified of the review and invited to participate. Applicants for subdivisions shall submit this information to the Council for review at the earliest stages of planning such projects and are required to utilize the Council's Preliminary Determination process in accordance with applicable requirements of the Land Development and Subdivision Review Enabling Act (R.I. Gen. Laws § 45-23-25 et seq.). Where so requested, all parties shall discuss their findings and recommendations at the municipality's pre-application conference, preliminary hearing, or similar proceeding. The findings and recommendations resulting from the coordinated, joint review shall be forwarded to the full Council. Where the Council finds a reasonable probability of conflict with this Program or with an adopted CRMC Special Area Management Plan, or finds there is a potential to damage the coastal environment, the Council shall require that suitable modification to the proposal be made or shall deny its Assent.

8.Applicable requirements of the RICRMP shall apply unless superseded by the requirements of a special area management plan.

9.In those cases where a subdivision has been approved by the Council, any person wishing to conduct an approved activity, in accordance with the stipulations of the Council Assent, need not apply for a separate Assent unless so required as a stipulation of Assent.

B.Standards

1.See standards given in "Filling, removing, or grading" in § 1.3.1(B) of this Part, as applicable.

2.See standards given in "Residential, commercial, industrial, and public recreational structures" in § 1.3.1(C) of this Part, as applicable.

3.See standards given in "Treatment of sewage and stormwater" in § 1.3.1(F) of this Part, as applicable.

1.3.5Policies for the Protection and Enhancement of the Scenic Value of the Coastal Region

A.General policies

1.The primary goal of all Council efforts to preserve, protect, and, where possible, restore the scenic value of the coastal region is to retain the visual diversity and often unique visual character of the Rhode Island coast as it is seen by hundreds of thousands of residents and tourists each year from boats, bridges, and such public vantage points as roadways, public parks, and public beaches.

2.Every effort should be made to safeguard from obstruction significant views to and across the water from highways, scenic overlooks, public parks, and other vantage points enjoyed by the public.

3.The importance of the skyline as seen from tidal waters in determining the character of a view site must be recognized; it should, where possible, not be disrupted by visually intrusive structures.

4.On sites in or adjacent to historic features and districts, new structures should be designed to provide continuity with the existing scenic and historic character. Within historic districts, applicants shall consult with the Historic Preservation Commission to identify means for minimizing disruption and, where possible, enhancing the historic value of the area.

5.Excellent guidance for preserving the visual character and quality of coastal landscapes in Rhode Island are contained in "Building at the Shore: A Handbook for Residential Development on the Rhode Island Coast." Review copies are available at the Council's office in Wakefield.

B.In and adjacent to Type 1, 2, and 4 waters

1.Structures along the water's edge should be screened by vegetation, preferably with native species typical to the area rather than exotic.

2.Trees that form the first line of visual definition as one looks landward from the water should be preserved.

3.In new developments, trees should be planted in the drifts that generally follow land contours and parallel the water's edge rather than in lines that cut across landscape contours.

4.Disruptions of natural landform and vegetation should be minimized.

5.New developments should not compete visually with such significant shoreline features as coves, peninsulas, cliffs, and bluffs; they should be set back and screened.

C.In and adjacent to Type 3, 5, and 6 waters

1.In all areas adjacent to Type 3 and 5 waters and, where appropriate, adjacent to Type 6 waters, the public should, where possible, be provided a sense of the water from within the townscape. Views to and across the water through yards, between houses, and from roadways should be preserved and, where possible, created.

2.When new structures are proposed adjacent to Type 3 and 5 waters, the character of new structures should be consistent and in character with existing buildings. The design of new structures should be based on an analysis of the patterns of existing buildings, including rooflines, roof slopes, building materials, colors, and window patterns. It is not necessary, however, to imitate pre twentieth century structures.

1.3.6Protection and Enhancement of Public Access to the Shore

A.Policies

1.As trustee of Rhode Island's coastal resources and in accordance with state and federal statutory mandates, the Council has a responsibility to ensure that public access to the shore is protected, maintained and, where possible, enhanced for the benefit of all.

2.It is the Council's policy to protect, maintain and, where possible, enhance public access to and along the shore for the benefit of all Rhode Islanders.

3.It is the Council's policy to require applicants to provide, where appropriate, on-site access of a similar type and level to that which is being impacted as the result of a proposed activity or development project.

4.Certain activities which require the private use of public trust resources to the exclusion of other public uses necessarily impact public access. Due to their likelihood of impacting public access and/or the public's use and enjoyment of Rhode Island's public trust resources, it is the Council's policy to require that applications for the following activities include a public access plan.

a.Commercial and industrial development and redevelopment projects, as defined in § 1.3.1(C) of this Part.

b.New and significant expansions to marinas, as defined in § 1.3.1(D) of this Part.

c.Activities which involve the filling of tidal waters, as defined in § 1.3.1(J) of this Part, other than those considered as maintenance, as defined in § 1.3.1(G) of this Part.

5.In accordance with § 1.1.7 of this Part, a variance from this policy may be granted if an applicant can demonstrate that no significant public access impacts will occur as a result of the proposed project.

6.Publicly funded beach nourishment projects shall contain a public access component.

7.In accordance with R.I. Gen. Laws § 32-6-5(b), limited liability applies when the CRMC stipulates public access as a permit condition and when the Council designates a public right-of-way to the shore.

B.General policies

1.Any public access impacts associated with a proposed project should be avoided and minimized to the maximum extent possible.

2.Any public access created to compensate for proposed project impacts should be of a type and level similar to that which will be impacted.

3.In cases where access cannot practically be provided onsite, due to safety, security, environmental or other considerations, the Council may permit access be provided offsite.

4.All structural shoreline protection facilities should be designed and constructed in a manner which does not reasonably interfere with the public's right to pass and re-pass along the shore.

C.Policies for the development of public access plans

1.The Council recognizes that public access plans should be developed based on the uniqueness of each site and encourages applicants to consult with staff early in the planning process.

2.Public access plans should provide for a level of access directly proportional to, and a type of access similar to, that which will be impacted by the proposed project.

3.In cases where access of a similar type and level cannot be provided onsite, the Council will consider offsite alternatives. Applicants should consult with staff and municipal officials when considering offsite alternatives.

4.All public access plans should be consistent with the Americans with Disabilities Act of 1990. Standards for Accessible Design (2010) incorporated 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.

5.All public access plans should provide for long-term maintenance.

6.When developing public access plans, applicants may incorporate the following examples:

a.Physical access: the ability to reach the shoreline from upland areas via perpendicular access points such as rights-of-way, boat launch ramps, and fishing piers; and, the ability to pass and re-pass laterally along the shore.

b.Visual access: the ability to view the coast and shoreline areas without obstruction by structures. Visual access can be provided or enhanced through the provision of viewing platforms, observatories, scenic drives, and innovative architectural designs.

c.Interpretive access: the provision of signage, plaques, or other techniques to educate the public about the historical, ecological, economic, cultural or other significant aspects of a coastal site.

History

• Amendment — effective from 2024-11-24 to current
• Technical Revision — effective from 2022-01-04 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2020-05-13 to 01/04/2022
• Technical Revision — effective from 2018-12-16 to 05/13/2020
• Technical Revision — effective from 2018-12-16 to 12/16/2018
• Amendment — effective from 2018-12-16 to 12/16/2018
• Technical Revision — effective from 2017-11-29 to 12/16/2018
• Amendment — effective from 2017-11-29 to 11/29/2017
• Amendment — effective from 2016-05-26 to 11/29/2017
• Amendment — effective from 2016-02-22 to 05/26/2016
• Technical Revision — effective from 2015-03-03 to 02/22/2016
• Amendment — effective from 2015-03-03 to 03/03/2015
• Amendment — effective from 2014-09-24 to 03/03/2015
• Amendment — effective from 2013-11-19 to 09/24/2014
• Amendment — effective from 2013-10-31 to 11/19/2013
• Technical Revision — effective from 2013-09-05 to 10/31/2013
• Amendment — effective from 2013-08-15 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2012-12-26 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-08-16 to 06/13/2013
• Amendment — effective from 2012-08-16 to 09/05/2013
• Amendment — effective from 2012-07-22 to 09/05/2013
• Amendment — effective from 2012-04-09 to 10/07/2012
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2011-11-23 to 10/07/2012
• Amendment — effective from 2011-06-13 to 08/16/2012
• Amendment — effective from 2011-05-16 to 03/08/2012
• Amendment — effective from 2011-05-16 to 09/05/2013
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 06/13/2011
• Amendment — effective from 2011-01-18 to 05/16/2011
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 12/26/2012
• Amendment — effective from 2011-01-06 to 05/16/2011
• Amendment — effective from 2009-12-22 to 09/05/2013
• Amendment — effective from 2009-11-17 to 01/18/2011
• Amendment — effective from 2009-11-17 to 09/05/2013
• Amendment — effective from 2009-08-09 to 09/05/2013
• Amendment — effective from 2008-12-04 to 09/05/2013
• Amendment — effective from 2008-11-23 to 08/09/2009
• Technical Revision — effective from 2008-10-22 to 11/23/2011
• Amendment — effective from 2008-10-22 to 10/22/2008
• Amendment — effective from 2008-08-21 to 09/05/2013
• Amendment — effective from 2008-08-21 to 11/17/2009
• Amendment — effective from 2008-05-19 to 11/17/2009
• Technical Revision — effective from 2008-02-11 to 06/13/2013
• Technical Revision — effective from 2008-02-11 to 02/11/2008
• Adoption — effective from 2008-02-11 to 02/11/2008
• Amendment — effective from 2008-02-11 to 08/21/2008
• Amendment — effective from 2008-02-11 to 12/29/2010
• Technical Revision — effective from 2007-10-18 to 08/15/2013
• Amendment — effective from 2007-10-18 to 10/18/2007
• Amendment — effective from 2007-10-18 to 09/05/2013
• Amendment — effective from 2007-10-18 to 05/19/2008
• Amendment — effective from 2007-09-26 to 09/05/2013
• Technical Revision — effective from 2007-06-19 to 09/05/2013
• Amendment — effective from 2007-06-19 to 06/19/2007
• Technical Revision — effective from 2007-06-18 to 09/05/2013
• Technical Revision — effective from 2007-05-30 to 10/22/2008
• Amendment — effective from 2007-05-23 to 05/30/2007
• Amendment — effective from 2007-05-22 to 06/18/2007
• Amendment — effective from 2007-05-22 to 04/09/2012
• Amendment — effective from 2007-05-22 to 09/05/2013
• Amendment — effective from 2007-02-14 to 12/22/2009
• Amendment — effective from 2007-01-10 to 10/18/2007
• Amendment — effective from 2006-12-11 to 01/18/2011
• Amendment — effective from 2006-11-06 to 05/23/2007
• Amendment — effective from 2006-06-19 to 11/06/2006
• Amendment — effective from 2006-03-08 to 08/16/2012
• Amendment — effective from 2006-03-05 to 09/05/2013
• Amendment — effective from 2006-03-05 to 02/14/2007
• Amendment — effective from 2006-03-05 to 01/10/2007
• Amendment — effective from 2006-02-20 to 09/05/2013
• Amendment — effective from 2005-12-27 to 02/11/2008
• Amendment — effective from 2005-11-24 to 10/18/2007
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-11-02 to 10/18/2007
• Amendment — effective from 2005-04-18 to 06/19/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2005-01-17 to 04/18/2005
• Amendment — effective from 2005-01-17 to 01/06/2011
• Amendment — effective from 2004-11-29 to 11/24/2005
• Amendment — effective from 2004-11-03 to 09/05/2013
• Amendment — effective from 2004-09-09 to 03/08/2012
• Amendment — effective from 2004-07-15 to 11/29/2004
• Amendment — effective from 2004-07-11 to 12/11/2006
• Amendment — effective from 2004-06-14 to 09/05/2013
• Amendment — effective from 2004-06-14 to 01/17/2005
• Technical Revision — effective from 2003-10-19 to 09/05/2013
• Periodic Refile — effective from 2003-10-19 to 10/19/2003
• Technical Revision — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/19/2007
• Periodic Refile — effective from 2003-10-09 to 07/15/2004
• Periodic Refile — effective from 2003-10-09 to 08/21/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 09/26/2007
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 12/04/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/11/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/22/2012
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 11/23/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 11/03/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 12/27/2005
• Periodic Refile — effective from 2003-10-09 to 03/08/2006
• Periodic Refile — effective from 2003-10-09 to 10/09/2003
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 02/11/2008
• Periodic Refile — effective from 2003-10-09 to 09/09/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2005
• Periodic Refile — effective from 2003-10-09 to 11/02/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-07-18 to 11/07/2002
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-02-04 to 10/09/2003
• Periodic Refile — effective from 2002-01-02 to 10/19/2003

650-RICR-20-00-1 § 1.4 Federal Consistency

A.Introduction

1.The federal consistency requirement, as provided for in section 307 of the Coastal Zone Management Act (CZMA) (16 U.S.C. §§ 1451 through 1464), is an important function of state coastal management programs. Under Section 307, federal agencies conducting an activity which is reasonably likely to affect any land or water use or natural resource of the coastal zone, are required to do so in a manner consistent, to the maximum extent practicable, with the enforceable policies of the state's coastal management program developed and implemented under the CZMA. Federal permits and licenses, including those associated with outer continental shelf (OCS) plans, and grant-in-aid programs to local or state governments and related public entities, which are reasonably likely to affect any land or water use or natural resource of the coastal zone must also be consistent with the state's coastal management program.

2.As part of Rhode Island's coastal management program, both the geographical scope of the state's coastal zone and the enforceable policies applicable to the coastal zone have been defined and approved by the National Oceanic and Atmospheric Administration (NOAA). Rhode Island's approved coastal zone, for the purposes of exercising the federal consistency requirement of the CZMA, includes the area encompassed within the state's seaward boundary (three miles) to the inland boundaries of the state's 21 coastal communities. The Rhode Island Coastal Resources Management Program (RICRMP), which includes this "Redbook," the Council's Special Area Management Plans and Energy Amendments, and adopted State Guide Plan elements together make up Rhode Island's federally approved coastal program. The provisions of these programmatic documents and regulations which meet the definition of enforceable policies under the CZMA constitute the enforceable policies with which federal activities must be consistent in Rhode Island.

3.In order to assist federal agencies in determining whether a proposed activity is subject to the federal consistency requirement, and in accordance with the CZMA, the CRMC has listed activities, both direct and indirect, reasonably likely to affect any land or water use or natural resource of the coastal zone. It is important to note that these lists are not exhaustive and that any federal activity reasonably likely to affect any land or water use or natural resource of the coastal zone may be subject to the federal consistency requirement.

4.The Council's Federal Consistency Manual details the CRMC's federal consistency process and requirements and includes tables of listed activities subject to the federal consistency requirement. The Manual also provides background and an explanation of the federal consistency requirement as provided for in section 307 of the CZMA and its implementation in Rhode Island. The Council's federal consistency procedures and requirements have been derived directly from federal regulations implementing the CZMA provided in the Code of Federal Regulations (15 C.F.R. Part 930). Any changes to the federal regulations supersede those of Rhode Island.

B.Policies

1.Federal agencies proposing an activity must follow the requirements of CZMA §§ 307(c)(1) and (2), 16 U.S.C. §§ 1456 (c)(1) and (2), and 15 C.F.R. Part 930, Subpart C.

2.A private individual or business, a state or local government agency, or any other type of non-federal entity, applying to the federal government for a required permit or license or any other type of an approval or authorization, must follow the procedures for "Non-Federal Activities Requiring a Federal License or Permit" and the requirements of CZMA § 307(c)(3)(A), 16 U.S.C. § 1456(c)(3)(A), and 15 C.F.R. Part 930, Subpart D.

3.Any private person or business applying to the federal government for outer continental shelf (OCS) exploration, development and production activities must follow the requirements of CZMA § 307(c)(3)(B), 16 U.S.C. § 1456(c)(3)(B) and 15 C.F.R. Part 930, Subpart E.

4.A state or local government agency, or related public entity, applying for federal financial assistance must follow the procedures for "Federal Assistance to State and Local Governments" and the requirements of CZMA § 307(d), 16 U.S.C. § 1456(d), and 15 C.F.R. Part 930, Subpart F.

5.The Council's Federal Consistency Manual provides guidance on federal and state procedures and requirements associated with federal consistency requirement contained in section 307 of the CZMA. Except where superseded by federal regulations, federal activities, whether direct or indirect, shall be conducted in accordance with the procedures provided in the most recent version of the Council's Federal Consistency Manual.

C.Prerequisites

1.Where the Council requires other state permits as a prerequisite for application review, and the federal agency or non-federal entity is not exempt from obtaining those permits, the federal agency or non-federal entity shall obtain those permits prior to submitting its consistency determination.

2.In cases where the federal agency or non-federal entity may be exempt from obtaining other state permits which are a prerequisite for Council review of a proposed activity, and which are enforceable components of the RICRMP, the federal agency or non-federal entity shall furnish the CRMC with data and information adequate to ensure that the requirements of any prerequisite regulatory program have been met.

History

• Amendment — effective from 2024-11-24 to current
• Technical Revision — effective from 2022-01-04 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2020-05-13 to 01/04/2022
• Technical Revision — effective from 2018-12-16 to 05/13/2020
• Technical Revision — effective from 2018-12-16 to 12/16/2018
• Amendment — effective from 2018-12-16 to 12/16/2018
• Technical Revision — effective from 2017-11-29 to 12/16/2018
• Amendment — effective from 2017-11-29 to 11/29/2017
• Amendment — effective from 2016-05-26 to 11/29/2017
• Amendment — effective from 2016-02-22 to 05/26/2016
• Technical Revision — effective from 2015-03-03 to 02/22/2016
• Amendment — effective from 2015-03-03 to 03/03/2015
• Amendment — effective from 2014-09-24 to 03/03/2015
• Amendment — effective from 2013-11-19 to 09/24/2014
• Amendment — effective from 2013-10-31 to 11/19/2013
• Technical Revision — effective from 2013-09-05 to 10/31/2013
• Amendment — effective from 2013-08-15 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2012-12-26 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-08-16 to 06/13/2013
• Amendment — effective from 2012-08-16 to 09/05/2013
• Amendment — effective from 2012-07-22 to 09/05/2013
• Amendment — effective from 2012-04-09 to 10/07/2012
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2011-11-23 to 10/07/2012
• Amendment — effective from 2011-06-13 to 08/16/2012
• Amendment — effective from 2011-05-16 to 03/08/2012
• Amendment — effective from 2011-05-16 to 09/05/2013
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 06/13/2011
• Amendment — effective from 2011-01-18 to 05/16/2011
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 12/26/2012
• Amendment — effective from 2011-01-06 to 05/16/2011
• Amendment — effective from 2009-12-22 to 09/05/2013
• Amendment — effective from 2009-11-17 to 01/18/2011
• Amendment — effective from 2009-11-17 to 09/05/2013
• Amendment — effective from 2009-08-09 to 09/05/2013
• Amendment — effective from 2008-12-04 to 09/05/2013
• Amendment — effective from 2008-11-23 to 08/09/2009
• Technical Revision — effective from 2008-10-22 to 11/23/2011
• Amendment — effective from 2008-10-22 to 10/22/2008
• Amendment — effective from 2008-08-21 to 09/05/2013
• Amendment — effective from 2008-08-21 to 11/17/2009
• Amendment — effective from 2008-05-19 to 11/17/2009
• Technical Revision — effective from 2008-02-11 to 06/13/2013
• Technical Revision — effective from 2008-02-11 to 02/11/2008
• Adoption — effective from 2008-02-11 to 02/11/2008
• Amendment — effective from 2008-02-11 to 08/21/2008
• Amendment — effective from 2008-02-11 to 12/29/2010
• Technical Revision — effective from 2007-10-18 to 08/15/2013
• Amendment — effective from 2007-10-18 to 10/18/2007
• Amendment — effective from 2007-10-18 to 09/05/2013
• Amendment — effective from 2007-10-18 to 05/19/2008
• Amendment — effective from 2007-09-26 to 09/05/2013
• Technical Revision — effective from 2007-06-19 to 09/05/2013
• Amendment — effective from 2007-06-19 to 06/19/2007
• Technical Revision — effective from 2007-06-18 to 09/05/2013
• Technical Revision — effective from 2007-05-30 to 10/22/2008
• Amendment — effective from 2007-05-23 to 05/30/2007
• Amendment — effective from 2007-05-22 to 06/18/2007
• Amendment — effective from 2007-05-22 to 04/09/2012
• Amendment — effective from 2007-05-22 to 09/05/2013
• Amendment — effective from 2007-02-14 to 12/22/2009
• Amendment — effective from 2007-01-10 to 10/18/2007
• Amendment — effective from 2006-12-11 to 01/18/2011
• Amendment — effective from 2006-11-06 to 05/23/2007
• Amendment — effective from 2006-06-19 to 11/06/2006
• Amendment — effective from 2006-03-08 to 08/16/2012
• Amendment — effective from 2006-03-05 to 09/05/2013
• Amendment — effective from 2006-03-05 to 02/14/2007
• Amendment — effective from 2006-03-05 to 01/10/2007
• Amendment — effective from 2006-02-20 to 09/05/2013
• Amendment — effective from 2005-12-27 to 02/11/2008
• Amendment — effective from 2005-11-24 to 10/18/2007
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-11-02 to 10/18/2007
• Amendment — effective from 2005-04-18 to 06/19/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2005-01-17 to 04/18/2005
• Amendment — effective from 2005-01-17 to 01/06/2011
• Amendment — effective from 2004-11-29 to 11/24/2005
• Amendment — effective from 2004-11-03 to 09/05/2013
• Amendment — effective from 2004-09-09 to 03/08/2012
• Amendment — effective from 2004-07-15 to 11/29/2004
• Amendment — effective from 2004-07-11 to 12/11/2006
• Amendment — effective from 2004-06-14 to 09/05/2013
• Amendment — effective from 2004-06-14 to 01/17/2005
• Technical Revision — effective from 2003-10-19 to 09/05/2013
• Periodic Refile — effective from 2003-10-19 to 10/19/2003
• Technical Revision — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/19/2007
• Periodic Refile — effective from 2003-10-09 to 07/15/2004
• Periodic Refile — effective from 2003-10-09 to 08/21/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 09/26/2007
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 12/04/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/11/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/22/2012
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 11/23/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 11/03/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 12/27/2005
• Periodic Refile — effective from 2003-10-09 to 03/08/2006
• Periodic Refile — effective from 2003-10-09 to 10/09/2003
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 02/11/2008
• Periodic Refile — effective from 2003-10-09 to 09/09/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2005
• Periodic Refile — effective from 2003-10-09 to 11/02/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-07-18 to 11/07/2002
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-02-04 to 10/09/2003
• Periodic Refile — effective from 2002-01-02 to 10/19/2003

650-RICR-20-00-1 § 1.5 Public and Governmental Participation

A.Policies and regulations

1.Public participation is necessary in all phases of program development and implementation. Therefore, it shall be the policy of the Council to promote the participation of federal, state, and local governmental bodies, public and private organizations, and private citizens in the preparation of its plans, programs, policies and regulations.

2.The Council shall cooperate with other governmental agencies in all matters of mutual interest. The Council through its adopted procedures shall ensure a continuous flow of information among agencies in the development of its plans and studies before these are completed and adopted. The Council shall also solicit and consider the opinion of other agencies on any matter before the Council which significantly affects those agencies.

3.The Council shall work with local officials from Rhode Island’s municipalities to facilitate the coordination of the Rhode Island Coastal Resources Management Program and local plans.

4.The Council finds that an open, traceable decision-making process is essential for an effective coastal management program, and where required should be done in an open transparent public forum. The Council will therefore follow the procedures set forth in the Coastal Resources Management Program, including applicable Special Area Management Plans, for all permit applications which, by regulation come before it.

5.The Council finds that full participation by interested and/or affected groups is essential in the development of Council policies and regulations. The Council finds it can best foster such participation by adopting the following policies:

a.The Council will provide opportunities for public and governmental input in the development of its policies and regulations.

(1)The Council and its staff will consult with experts, professionals and interest groups in the preparation of technical reports upon which policies are based.

(2)Plans and reports upon which policies and regulations are based shall be made available to the public.

(3)The Council shall form advisory committees and hold meetings and workshops to formulate and discuss proposed policies as necessary.

b.The adoption of all policies and regulations by the Council will follow the procedures set forth in the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35).

6.The Council shall continue to sponsor public education programs, as funding allows. Such programs shall include:

a.Publication and widespread distribution of technical reports;

b.Exhibits;

c.Media releases;

d.Quarterly newsletters (Coastal Features);

e.A speaker’s bureau;

f.Other activities that will foster public awareness; and

g.Special programs for senior citizens on coastal awareness, Rhode Island and offshore oil, and seafood consumer education.

7.The Council shall continue to sponsor educational activities for school age children as funding allows. Such activities will include the preparation and dissemination of educational material, supplying speakers to school groups and sponsoring an annual essay contest.

History

• Amendment — effective from 2024-11-24 to current
• Technical Revision — effective from 2022-01-04 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2020-05-13 to 01/04/2022
• Technical Revision — effective from 2018-12-16 to 05/13/2020
• Technical Revision — effective from 2018-12-16 to 12/16/2018
• Amendment — effective from 2018-12-16 to 12/16/2018
• Technical Revision — effective from 2017-11-29 to 12/16/2018
• Amendment — effective from 2017-11-29 to 11/29/2017
• Amendment — effective from 2016-05-26 to 11/29/2017
• Amendment — effective from 2016-02-22 to 05/26/2016
• Technical Revision — effective from 2015-03-03 to 02/22/2016
• Amendment — effective from 2015-03-03 to 03/03/2015
• Amendment — effective from 2014-09-24 to 03/03/2015
• Amendment — effective from 2013-11-19 to 09/24/2014
• Amendment — effective from 2013-10-31 to 11/19/2013
• Technical Revision — effective from 2013-09-05 to 10/31/2013
• Amendment — effective from 2013-08-15 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2012-12-26 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-08-16 to 06/13/2013
• Amendment — effective from 2012-08-16 to 09/05/2013
• Amendment — effective from 2012-07-22 to 09/05/2013
• Amendment — effective from 2012-04-09 to 10/07/2012
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2011-11-23 to 10/07/2012
• Amendment — effective from 2011-06-13 to 08/16/2012
• Amendment — effective from 2011-05-16 to 03/08/2012
• Amendment — effective from 2011-05-16 to 09/05/2013
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 06/13/2011
• Amendment — effective from 2011-01-18 to 05/16/2011
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 12/26/2012
• Amendment — effective from 2011-01-06 to 05/16/2011
• Amendment — effective from 2009-12-22 to 09/05/2013
• Amendment — effective from 2009-11-17 to 01/18/2011
• Amendment — effective from 2009-11-17 to 09/05/2013
• Amendment — effective from 2009-08-09 to 09/05/2013
• Amendment — effective from 2008-12-04 to 09/05/2013
• Amendment — effective from 2008-11-23 to 08/09/2009
• Technical Revision — effective from 2008-10-22 to 11/23/2011
• Amendment — effective from 2008-10-22 to 10/22/2008
• Amendment — effective from 2008-08-21 to 09/05/2013
• Amendment — effective from 2008-08-21 to 11/17/2009
• Amendment — effective from 2008-05-19 to 11/17/2009
• Technical Revision — effective from 2008-02-11 to 06/13/2013
• Technical Revision — effective from 2008-02-11 to 02/11/2008
• Adoption — effective from 2008-02-11 to 02/11/2008
• Amendment — effective from 2008-02-11 to 08/21/2008
• Amendment — effective from 2008-02-11 to 12/29/2010
• Technical Revision — effective from 2007-10-18 to 08/15/2013
• Amendment — effective from 2007-10-18 to 10/18/2007
• Amendment — effective from 2007-10-18 to 09/05/2013
• Amendment — effective from 2007-10-18 to 05/19/2008
• Amendment — effective from 2007-09-26 to 09/05/2013
• Technical Revision — effective from 2007-06-19 to 09/05/2013
• Amendment — effective from 2007-06-19 to 06/19/2007
• Technical Revision — effective from 2007-06-18 to 09/05/2013
• Technical Revision — effective from 2007-05-30 to 10/22/2008
• Amendment — effective from 2007-05-23 to 05/30/2007
• Amendment — effective from 2007-05-22 to 06/18/2007
• Amendment — effective from 2007-05-22 to 04/09/2012
• Amendment — effective from 2007-05-22 to 09/05/2013
• Amendment — effective from 2007-02-14 to 12/22/2009
• Amendment — effective from 2007-01-10 to 10/18/2007
• Amendment — effective from 2006-12-11 to 01/18/2011
• Amendment — effective from 2006-11-06 to 05/23/2007
• Amendment — effective from 2006-06-19 to 11/06/2006
• Amendment — effective from 2006-03-08 to 08/16/2012
• Amendment — effective from 2006-03-05 to 09/05/2013
• Amendment — effective from 2006-03-05 to 02/14/2007
• Amendment — effective from 2006-03-05 to 01/10/2007
• Amendment — effective from 2006-02-20 to 09/05/2013
• Amendment — effective from 2005-12-27 to 02/11/2008
• Amendment — effective from 2005-11-24 to 10/18/2007
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-11-02 to 10/18/2007
• Amendment — effective from 2005-04-18 to 06/19/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2005-01-17 to 04/18/2005
• Amendment — effective from 2005-01-17 to 01/06/2011
• Amendment — effective from 2004-11-29 to 11/24/2005
• Amendment — effective from 2004-11-03 to 09/05/2013
• Amendment — effective from 2004-09-09 to 03/08/2012
• Amendment — effective from 2004-07-15 to 11/29/2004
• Amendment — effective from 2004-07-11 to 12/11/2006
• Amendment — effective from 2004-06-14 to 09/05/2013
• Amendment — effective from 2004-06-14 to 01/17/2005
• Technical Revision — effective from 2003-10-19 to 09/05/2013
• Periodic Refile — effective from 2003-10-19 to 10/19/2003
• Technical Revision — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/19/2007
• Periodic Refile — effective from 2003-10-09 to 07/15/2004
• Periodic Refile — effective from 2003-10-09 to 08/21/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 09/26/2007
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 12/04/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/11/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/22/2012
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 11/23/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 11/03/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 12/27/2005
• Periodic Refile — effective from 2003-10-09 to 03/08/2006
• Periodic Refile — effective from 2003-10-09 to 10/09/2003
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 02/11/2008
• Periodic Refile — effective from 2003-10-09 to 09/09/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2005
• Periodic Refile — effective from 2003-10-09 to 11/02/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-07-18 to 11/07/2002
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-02-04 to 10/09/2003
• Periodic Refile — effective from 2002-01-02 to 10/19/2003

650-RICR-20-00-1 § 1.6 Maps of Water Use Categories - Watch Hill to Little Compton and Block Island

A.The Coastal Resources Management Council has developed Geographic Information System town-based water use category maps to replace U.S. Geological Survey 7.5-minute series quadrangle-based maps originally adopted in the 1980’s. The new maps depict all water type changes approved by the Council to date and are superimposed on 2008 aerial images that allow users to more easily determine the CRMC water type adjacent to their property. The new town-based GIS water type maps comprise the state’s shoreline from Watch Hill to Little Compton including Narragansett Bay and its islands and Block Island.

B.Water Use Category

Type 1 – Conservation areas (§ 1.2.1(A) of this Part)

Type 2 – Low-intensity use (§ 1.2.1(B) of this Part)

Type 3 – High-intensity boating (§ 1.2.1(C) of this Part)

Type 4 – Multipurpose waters (§ 1.2.1(D) of this Part)

Type 5 – Commercial and recreational harbors (§ 1.2.1(E) of this Part)

Type 6 – Industrial waterfronts (§ 1.2.1(F) of this Part)

C.The purpose of these maps is to determine the applicable water types and pertinent sections of the Council’s regulatory programs that will be applied to coastal properties and projects. Large bold numerals on the water type maps designate boundary lines separating different water use categories. Unless otherwise noted on the maps or described in the accompanying boundary line text, the water type along any shoreline generally runs parallel to the shoreline and extends five hundred (500) feet seaward from the mean high water mark.

D.The Council’s water use category maps are available as PDF files by municipality and GIS shape files will be available for download on the RIGIS website. The maps can be examined at the CRMC office in Wakefield, at the Secretary of State’s office or website, and on-line at the CRMC website: .

E.Westerly

1 - A straight line extension of the northern boundary of Viking Marina.

2 - A straight line extension of the south side of the industrially zoned area.

3 - A straight line across the entrance to Watch Hill Cove from an extension of the western side of Meadow Lane to the tip of the jetty on the north side of Napatree Beach.

4 - Straight line extensions of the outsides of each of the two (2) jetties at the breachway entrance to Winnapaug Pond.

1.Online Maps: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_westerly_west.pdf and http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_westerly_east.pdf

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2.Westerly (west) Water Type Classification

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3.Westerly (east) Water Type Classification

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F.Charlestown

5 - Straight line extensions of the outsides of each of the two (2) jetties at the breachway entrance to Quonochontaug Pond.

6 - A straight line along the west side of East Beach Road.

7 - A straight line along the Ninigret Pond shoreline across the entrance to Foster Cove.

8 - Straight line extensions of the outsides of each of the two jetties at the breachway entrance to Ninigret Pond.

1.Ninigret Pond

a.Straight line from westernmost point of Ninigret Wildlife Refuge to westernmost point of Ninigret Conservation Area (from point at approximately 100,489N/279,600E to 95,367N/275,649E RIspf83). Straight line from eastern edge of Ninigret Wildlife Refuge running south to the northeastern point of Lot 2 of the Charlestown Assessors map #8, located on the barrier spit (from point approximately 102,669N/286029E to 99,342N/287,795E RI spf83). The waters between these lines and bounded by the shoreline of the pond are Type 1. (Adopted by Council January 22, 2008)

2.Online Map: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_charlestown.pdf

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3.Charlestown Water Type Classification

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G.South Kingstown

9 - A straight line running from the most western tip of Little Comfort Island to the most eastern tip of High Point.

10 - A straight line across Smelt Brook Cove from the eastern tip of Buttonwoods Point to the eastern tip of Crown Point.

11 - A line across Congdon Cove from the southern tip of the peninsula on the west side of Billington Cove to the southeastern tip of Cummock Island; thence turning due westerly until it touches the mainland on the south side of Congdon Cove.

12 - A straight line running generally westerly from the border between the RL80 and open-space zones on Gooseberry Island to the border between the open-space and commercial zones south of the Kenport Marina.

13 - A straight line running from a southern tip of land now or formerly of Collins/Bassett/Murray to the most easterly side of a small salt marsh on land now or formerly of Woodcock/ Roberton/McCall.

17 - A line running generally northerly along the Jerusalem shoreline two hundred (200) feet into the pond and parallel to state-owned property. See Salt Ponds Region SAMP 930.1.B.3.

19 - A line across the northernmost side of the Route 1 bridge.

20 - A straight line running from west to east through the center of Nun buoy #24.

23 - A straight line across the entrance to the Narrow River from the south side of Clump Rocks to the tip of the Narragansett Beach barrier spit.

24 - A straight line across the entrance to Pettaquamscutt Cove from the northernmost tip of land at Little Neck West of the Sprague Bridge, thence generally northwesterly, touching the northeastern border of the wetland called "sedge beds", thence continuing straight to where it meets land on the northern part of the cove entrance.

1.Online Maps: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_southkingstown_west.pdf; http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_southkingstown_east.pdf; http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_southkingstown_galilee.pdf; and http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_southkingstown_north.pdf

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2.South Kingstown (east) Water Type Classification

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3.South Kingstown (west) Water Type Classification

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4.South Kingstown/Narragansett Port Of Galilee Water Type Classification

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5.South Kingstown Narrow River Water Type Classification

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H.Narragansett

9 - A straight line running from the most western tip of Little Comfort Island to the most eastern tip of High Point.

14 - A line running southerly from the southern end of the eastern jetty of the Point Judith Pond breachway and following the eastern side of the navigation channel, as designated by the U.S. Army Corps of Engineers, to the East Gap of the Harbor of Refuge.

15 - A line running generally southerly along the seaward side of the jetties and breakwater of the Harbor of Refuge.

16 - A line running generally northerly and then westerly two hundred (200) feet into the pond and parallel to the Galilee bulkhead to the southwestern end of the Great Island Bridge.

17 - A line running generally northerly along the Jerusalem shoreline two hundred (200) feet into the pond and parallel to state-owned property. See Salt Ponds Region

18 - A line along the eastern side of the bridge between Galilee and Great Island.

20 - A straight line running from west to east through the center of Nun buoy #24.

21 - A straight line across the inlet to Long Cove at its most narrow point.

22 - A straight line across the inlet to Champlin Cove from the tip of Cedar Point to the southernmost point on Harbor Island.

23 - A straight line across the entrance to the Narrow River from the south side of Clump Rocks to the tip of the Narragansett Beach barrier spit.

24 - A straight line across the entrance to Pettaquamscutt Cove from the northernmost tip of land at Little Neck West of the Sprague Bridge, thence generally northwesterly, touching the northeastern border of the wetland called "sedge beds", thence continuing straight to where it meets land on the northern part of the cove entrance.

25 - A straight line extension of the south side of Bonnet Shores Road.

1.Online Maps: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_narragansett_south.pdf and http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_narragansett_north.pdf

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2.Narragansett (south) Water Type Classification

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3.Narragansett (north) Water Type Classification

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I.North Kingstown

26 - A straight line extension of the southern border of the open-space zone on the east side of the Pettaquamscutt River.

27 - A straight line extension of the boundary between the RL and RH zones.

28 - A straight line along the north side of Waldron Avenue.

29 - A straight line across the entrance to Duck Cove at its narrowest point from the northern side of the small peninsula, running generally southeasterly to where it meets the opposite shore on Little Tree Point.

30 - A straight line across the southwestern side of the old railroad causeway.

31 - A line along the south side of Hussey Bridge.

32 - A line along the western side of the bridge on Brown Street.

33 - A straight line across the entrance to Wickford Cove from the tip of Big Rock Point to the tip of the northern peninsula at the end of West Main Street.

34 - A line along the western side of the breakwater from Sauga Point, running across the entrance channel to Wickford Harbor and along the western side of the breakwater from Poplar Point.

35 - A straight line from the base of the breakwater at Sauga Point to the eastern tip of Cornelius Island.

36 - A straight line extension of Pleasant Street

37 - A straight line extension of the northeast side of Enfield Avenue.

38 - A straight line from the southern tip of Rabbit Island to the western side of the launching ramp at Long Point.

39 - A straight line from the northeast side of Rabbit Island to the tip of Calf Neck.

40 - A straight line extension from the end of the fence separating former Navy lands from private lands, extending offshore two thousand (2,000) feet, then turning generally easterly and running to a point where it meets the southern side of the Navy channel.

41 - A line along the east bulkhead wall in the small embayment on the south side of the Allen Harbor entrance channel to where it meets the opposite shore.

42 - A straight line from the northern boundary of Navy property.

43 - A straight line from the northern end of Narragansett Street.

44 - A straight line from the southeast tip of Marsh Point to the tip of Pojac Point.

1.Bissel Cove

a.Straight line extension perpendicular to shore at northernmost boundary of Bissel Cove DEM property (from point at approximately 170,087N/347,011E to 170,261N/347,659E RIspf83). Straight line extending from northernmost boundary on western side of Bissel Cove DEM property southwesterly to a shoreline point at the end of Shady Cove Road (from point at approximately 170,085N/346,999E to 168,678N/346,603E RIspf83). The area east of these lines and bounded by the shoreline and line 27 are Type 1 waters. (Adopted by the Council January 22, 2008)

2.Online Maps: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_northkingstown_south.pdf; http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_northkingstown_wickford.pdf and

http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_northkingstown_north.pdf

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3.North Kingstown (south) Water Type Classification

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4.Wickford Harbor Water Type Classification

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5.North Kingstown (north) Water Type Classification

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J.East Greenwich

49 - A straight line running due east from the south side of the East Greenwich Town Dock property across Greenwich Cove to where it intersects with land at Goddard State Park.

50 - A straight line from the tip of Long Point at Goddard Park westerly to the opposite shoreline and intersecting the most northeasterly corner boundary of the Marina Perimeter Limit of Norton’s Marina authorized under CRMC Assent 2002-05-005. The corner boundary coordinate is 212,929N/343,158E RIspf83. (Adopted by the Council on April 7. 2009)

1.Online Map: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_warwick_greenwichbay.pdf

K.Warwick

44 - A straight line from the southeast tip of Marsh Point to the tip of Pojac Point.

45 - A straight line from the end of Bradford Avenue.

46 - A straight line across the creek entrance south of Sandy Point.

47 - A straight line along the western side of Beachwood Drive.

48 - A straight line extending northerly from the eastern border of Goddard State Park.

49 - A straight line running due east from the south side of the East Greenwich Town Dock property across Greenwich Cove to where it intersects with land at Goddard State Park.

50 - A straight line from the tip of Long Point at Goddard Park westerly to the opposite shoreline and intersecting the most northeasterly corner boundary of the Marina Perimeter Limit of Norton’s Marina authorized under CRMC Assent 2002-05-005. The corner boundary coordinate is 212,929N/343,158E RIspf83. (Adopted by the Council on April 7. 2009)

51 - A straight line from the tip of Cedar Tree Point to the south side of the breakwater at Folly's Landing.

52 - A straight line from the base of the westernmost groin at Oakland Beach to the base of the easternmost groin on Buttonwood Point.

53 - A straight line from the northern side of the end of Randall Street to the base of the easternmost groin at Oakland Beach.

54 - A straight line extension of Lippitt Avenue.

55 - A straight line extension of Talcott Street.

56 - A straight line running from a point of land on the south side of Occupasstuxet Cove to the tip of the peninsula on the east side of the cove.

57 - A straight line extension from the south side of a launching ramp facility on the northern side of Passeonquis Cove.

58 - The northern side of the rubble-mound connector running easterly from the northeast tip of Salter Grove to the Pawtuxet Cove breakwater.

59 - A straight line running northwesterly from the easterly side of the Pawtuxet Cove breakwater to the tip of Pawtuxet Neck.

60 - The base of the falls at the Pawtuxet River.

1.Within Line 53 (Warwick Cove) – adopted by the Council on October 26, 2004

a.Type 2 Waters

(1)(West side of Warwick Cove, west of Second Point) Starting at the northwest corner of Plat 359, lot 50/northeast corner of Plat 359, lot 51 (222,776N/356,740E RIspf83), then northerly following the high water line approximately two thousand four hundred fifty (2450) feet to the southeast corner Plat 359, lot 122/southwest corner Plat 359, lot 183 (222,843N/357,051E RIspf83), then three hundred eighteen (318) feet westerly to the first point.

(2)(Northeastern side of Warwick Cove) A one hundred foot (100’) wide by approximately seven thousand four hundred fifty (7450) feet long area starting at the southeast corner of Plat 358, lot 321/southwest corner of Plat 358, lot 482 (223,928N/358,937E RIspf83) then follow the high water line easterly, then southwesterly to the northwest corner of Plat 358, lot 6/southwest corner of Plat 358, lot 7 (222,808N/358,430E RIspf83), then west to point 222,780N/358,330E RIspf83, then northerly parallel to the shoreline approximately 435 feet to the mooring area at 223,129N/358,368E RIspf83, then southerly twenty-four (24) feet along the mooring area to 223,108N/358,378E RIspf83, then northeasterly one hundred nine (109) feet along the mooring area to 223,166N/358,469E RIspf83, then northerly parallel to the shoreline to the federal channel at 224,406N/360,112E RIspf83, then northerly fifty-three (53) feet along the federal channel to 224,449N/360,084E RIspf83, then southwesterly twenty-one (21) feet along the federal channel to 224,439N/360,068E RIspf83, then westerly parallel to the shoreline to the mooring field at 223,896N/359,169E RIspf83, then westerly along the mooring field to 223,864N/359,115E RIspf83, then westerly parallel to the shoreline to 223830N/358962E RIspf83, then northerly to the first point.

(3)(East side of Warwick Cove) Starting at the east shore of Warwick Cove at point 220,333N/358,356E RIspf83, then one hundred eighty (180) feet west to point 220,343N/358,175E RIspf83, then northwesterly for five hundred thirty-five (535) feet to point 220,475N/357,656E RIspf83, Then northerly one hundred forty-two (142) feet to point 220,607N/357,610E RIspf83, then easterly approximately one hundred fifty (150) feet to the high water line between plat 377, lots 152 and 153 (~220,633N/357,753E RIspf83), then follow the high water line easterly for approximately one thousand one hundred (1100) feet to the first point.

2.Within Line 51 (Apponaug Cove) – adopted by the Council on October 26, 2004

a.Type 1 Waters

(1)(West side of Apponaug Cove at Mary’s Creek) Starting on Plat 365, lot 278 at point 220,782N/ 342,433E RIspf83, follow the high water line southerly along the shoreline, through Mary’s Creek and along the barrier to point 220,003N/341,760E RIspf83 on Plat 366, lot 4, then six hundred seventy-two (672) feet east to point 220,005N/342,431E RIspf83, then seven hundred eighty (780) feet north to the first point.

b.Type 2 Waters

(1)(East of Mary’s Creek) Starting at the northeast corner of Plat 365 lot 278/southeast corner Plat 365 lot 172 (220,890N/342,530E RIspf83), follow southerly along the high water line for one hundred forty-five (145) feet to 220,782N/342,433E RIspf83, then south for seven hundred seventy-five (775) feet to 220,005N/342,431E RIspf83, then east for five hundred five (505) feet to 220,005N/342,936E RIspf83, then northerly for seven hundred eighty-two (782) feet along the federal channel to 220,785N/342,982E RIspf83, then westerly to the first point.

(2)(West side of Apponaug Cove) Start at the northeast corner of Plat 365, lot 279/northwest corner of Plat 365, lot 277 (221,768N/342,348E RIspf83), then follow the high water line northerly along Plat 365, lot 279 for approximately one thousand five hundred (1500) feet to point 222,369N/341,326E RIspf83, then back to the first point.

(3)(East side of Apponaug Cove) A one hundred foot (100’) wide by approximately six thousand five hundred (6500) feet long area starting at the southwest corner of Plat 365, lot 219 (223,421N/340,958E RIspf83) then southeasterly following along the high water line to 220,508N/343,370E RIspf83 on Plat 367, lot 1, then west to 220,514N/343,261E RIspf83, then northerly parallel to the shore to the federal channel at point 223,227N/341,427E RIspf83, then two hundred thirty (230) feet northerly along the federal channel to point 223,333N/341,227E RIspf83, then continue northerly parallel to the shoreline to point 223,421N/341,048E RIspf83, then west back to the first point.

c.Type 5 Waters

(1)(Apponaug Cove west of the railroad bridge and culvert) Starting at the southern end of Plat 245, lot 378 (223,474N/340,784E RIspf83) then one hundred thirty-seven (137) feet southerly to the northeast corner of Plat 244, unnumbered lot at 223,337N/340,793E RIspf83, then follow the high water line approximately five thousand two hundred sixty (5260) feet back to the first point.

3.Baker’s Creek

a.Type 1 Waters

(1)Tidal waters bounded by Lot 201 in Plat 367 and Lots 114 and 116 in Plat 368 to a distance of five hundred (500) feet offshore. (Adopted by the Council on April 7, 2009)

4.Chepiwanoxet Point and Greenwich Cove

a.Type 1 Waters

(1)Tidal waters bounded by Lots 11, 29, 83, and 94 in Plat 221 to a distance of five hundred (500) feet off shore. (Adopted by the Council on April 7, 2009)

b.Type 2 Waters

(1)The existing Type 2 waters west of Chepiwanoxet Point shall extend southward until meeting the amended line delineating Type 5 waters. (Adopted by the Council on April 7, 2009)

c.Type 5 Waters

(1)Tidal waters bounded by line fifty (50) to the north and line forty-nine (49) to the south along the western shoreline of the cove.

5.Online Maps: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_warwick_greenwichbay.pdf and http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_warwick_warwickpoint.pdf

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2.Warwick and East Greenwich Water Type Classification

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13.Warwick (east) Water Type Classification

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L.Cranston

59 - A straight line running northwesterly from the easterly side of the Pawtuxet Cove breakwater to the tip of Pawtuxet Neck.

60 - The base of the falls at the Pawtuxet River.

61 - From the southern side of the Port Edgewood breakwater, thence easterly to the dolphin on the east side of dredged access channel to Fields Point, then southeast to the southern boundary of the Mobil Oil Company property in East Providence.

1.Type 4 Waters

a.A line starting from the southern end of the Port Edgewood breakwater easterly and five hundred (500) feet offshore to include the cove immediately east of the Save the Bay center. (Adopted by the Council on September 25, 2007)

2.Online Map: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_metrobay_south.pdf

M.Providence

62 - Upstream side of the Fox Point Hurricane Barrier.

63 - The western side of the Park Street bridge over the Woonasquatucket River.

65 - A straight line running WNW from the Union Oil property boundary with Bold Point Park in East Providence to the easterly boundary of the State of Rhode Island property (parcel 18-344) at India Point (Adopted by the Council on January 27, 2010).

1.Type 5 waters bounded between lines 62 and 63. Type 4 waters west (upstream) of Park Street bridge.

2.Type 1 Waters

a.Along the Providence shoreline of the Seekonk River from a point starting two hundred fifty (250) feet north of the Narragansett Boat Club property (parcel 41-258) north to the Pawtucket city line and out to within approximately fifty (50) feet of the existing federal channel. (Adopted by the Council on January 27, 2010)

3.Online Maps: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_metrobay_south.pdf and http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_metrobay_north.pdf

N.Pawtucket

64 - The base of the falls at Main Street in the City of Pawtucket.

1.Online Map: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_metrobay_north.pdf

O.East Providence

61 - A straight line running generally westerly from the southern end of the Mobil Oil Company property to the dolphin on the east side of the dredged access channel to Fields Point, thence to the south side of the Port Edgewood breakwater in Providence.

65 - A straight line running WNW from the Union Oil property boundary with Bold Point Park in East Providence to the easterly boundary of the State of Rhode Island property (parcel 18-344) at India Point. (Adopted by the Council on January 27, 2010)

1.Type 5 Waters – Bold Point

a.Tidal waters bounded by line 65 to the north then to 265, 719N/357,428E RIspf83 to 265,789N/357,602E RIspf83, thence running along the shoreline and out to a distance of one hundred (100) feet offshore. (Adopted by the Council on January 27, 2010)

66 - The western edge of the former railroad causeway.

67 - The western edge of the former railroad causeway.

68 - The western edge of the former railroad causeway.

69 - The northern side of the culverts and breachways under Crescent View Avenue.

70 - A straight line along the southern bulkhead wall of Lavin's Marina, then straight across the channel to where it meets the spit on the western shore.

140 - A straight line starting approximately one hundred twenty (120) feet south of the existing Providence & Worcester quay (parcel 7-1-3) running WSW and more or less perpendicular to the federal channel out into the river ending approximately one hundred twenty (120) feet from the federal channel. (Adopted by the Council on January 27, 2010)

141 - A straight line starting at the boundary of parcels 109-1-1 and 109-1-3 running WSW and more or less perpendicular to the federal channel out into the river ending approximately one hundred twenty (120) feet from the federal channel. (Adopted by the Council on January 27, 2010)

142 - A straight line starting at the boundary of parcels 210-3-6 and 210-3-8 running West out into the river stopping approximately one hundred twenty (120) feet from the federal channel. (Adopted by the Council on January 27, 2010)

2.Online Map: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_metrobay_south.pdf and http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_metrobay_north.pdf

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3.Cranston, Providence and East Providence (Metro Bay - south) Water Type Classification

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4.Providence, Pawtucket and East Providence (Metro Bay - North) Water Type Classification

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P.Barrington

70 - A straight line along the southern bulkhead wall of Lavin's Marina, then straight across the channel to where it meets the spit on the western shore.

71 - A line from the southeastern end of Blanding Avenue running generally southeasterly across the channel to where it meets the end of Willow Way.

72 - A line along the edge of a salt marsh at the end of Appian Way.

73 - The outlet of a small pond and stream south of Beach Road.

74 - The northwestern border of the salt marsh.

75 - A straight line extension of Adam's Point Road.

76 - A straight line extension of the south side of Ferry Lane.

77 - Along the southern side of the old railroad causeway.

78 - Along the westerly side of the Barrington River at the tidal creek entrance.

79 - The tip of the small peninsula at the southern side of Walker Farm, Barrington.

80 - A straight line extension of George Finnerty Road.

81 - Along the southern side of the old railway causeway.

82 - A straight line from the north side of the end of Stanley Avenue running due easterly to a point of land on the opposite shore.

1.Online Map: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_barrington.pdf

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2.Barrington Water Type Classification

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Q.Warren

81 - Along the southern side of the old railway causeway.

82 - A straight line from the north side of the end of Stanley Avenue running due easterly to a point of land on the opposite shore.

83 - Along the pipeline crossing of Belcher Cove.

84 - A straight line extension of the south side of Company Street.

85 - At the southern end of the industrially zoned area.

86 - At the outlet of a small stream south of Locust Street.

95 - A straight line from the tip of the peninsula at end of Narrows Road in Bristol to the tip of the peninsula near the end of Brownell Street in Warren.

1.Online Map: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_warren.pdf

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2.Warren Water Type Classification

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R.Bristol

87 - Straight line extending seaward perpendicular to the shore at the southern edge of the ASRI property (from a point at approximately 227,955N/385,150E to 227,915N/384,613E RIspf83). Waters north of this line are Type 1 (Adopted by the Council on January 22, 2008).

88 - Along the inside of the new bridge.

89 - A straight line from the boundary between RM20 and RM40 zones on Poppasquash Neck to the boundary between the industrial and commercial zones on the Bristol waterfront.

90 - The northern side of the bridge or culvert to Mill Pond.

91 - The eastern side of the bridge over Silver Creek.

92 - A straight line extension of Fairview Drive.

93 - The eastern side of the Mount Hope Bridge.

94 - A straight line extension along the south side of the large pier south of the Haffenreffer Museum.

95 - A straight line from the tip of the peninsula at end of Narrows Road in Bristol to the tip of the peninsula near the end of Brownell Street in Warren.

1.Type 2 Waters

a.Along the Mount Hope Bay shoreline and abutting the Roger Williams University campus property. Starting from State Plane Coordinates (RIspf83) 395,162.845N/208,561.138E; 395,115.622N/208,094.471E; 394,707.289N/206,930.582E; and 394,437.845N/206,152.804E out to five hundred (500) feet offshore. (Adopted by the Council on June 25, 2013)

2.Online Map: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_bristol.pdf

3.Bristol Water Type Classification

S.Portsmouth

96 - A straight line from the tip of Gull Point running generally south-southwesterly, to the boundary between state and private lands on Prudence Neck. (The water use classification boundary around the north end of Prudence Island and Patience Island follows the eighteen (18) foot bathymetric contour line. This is consistent with the boundary of the area protected by provisions of the federal Estuarine Sanctuary Program.)

97 – A line perpendicular to the shore from the southern side of the rocky extension north of Prudence Park.

98 – A line from the outlet of a small, westerly flowing stream south of Prudence Park and north of Crow’s Swamp.

99 – A straight line extension of the boundary between public state park lands and privately owned lands.

100 – The outlet of Mill Creek.

101 – A line extending northerly from the northern tip of Hog Island.

102 – A straight line extending easterly from a point fifty (50) feet north of the edge of the adjacent marsh.

103 - A straight line extending northerly from the boundary of Lots 8 and 9, Town Map 17.

104 - A line connecting the westernmost points of land bordering the entrance into the Bend Boat Basin.

105 - A line connecting to the southernmost border of line 104 and extending westerly fifty (50) feet from shore; thence generally southerly, maintaining a fifty (50) foot distance from shore and the outer perimeter of the wharves and piers of the Melville industrial facility; thence easterly to connect land at a point fifty (50) feet south of the southernmost pier.

106 - A straight line extension of Robin Road.

107 - A straight line connecting the north sides of the abutments of the former Old Stone Bridge.

108 - A straight line along the west side of the bridge connecting Point Road and Hummock Avenue at the entrance to Blue Bill Cove.

109 - A straight line from the southern border of the industrially zoned area in Tiverton to the tip of the peninsula on the north side of Brewer's Marina in Portsmouth.

1.Online Maps: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_portsmouth_prudence.pdf; http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_portsmouth_north.pdf; and http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_portsmouth_south.pdf

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2.Portsmouth Prudence Island Water Type Classification

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3.Portsmouth (north) Water Type Classification

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4.Portsmouth (south) Water Type Classification

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T.Middletown

110 - The northern border of the rubble-mound breakwater.

111 - A line extending out to meet the tip of the rubble-mound breakwater from the northernmost tip of Coddington Point.

131 - A straight line across the entrance to the Sakonnet River from the tip of Sachuest Point to the southern tip of West Island near Sakonnet Point.

1.Online Map: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_middletown.pdf

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2.Middletown, RI Water Type Classification

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U.Newport

111 - A line extending out to meet the tip of the rubble-mound breakwater from the northernmost tip of Coddington Point.

112 - A line bordering the southernmost side of the northern bridge connecting Coaster's Harbor Island to Aquidneck Island.

113 - A line bordering the northern side of the bridge on Training Station Road which connects Coaster's Harbor Island to Aquidneck Island.

114 - A straight line extending from the southern tip of Coaster's Harbor Island to a point where it meets with a straight-line extension of an unnamed road.

115 - A line along the southern side of the Newport Bridge

116 - A line along the northern side of the causeway to Goat Island

117 - A straight line commencing in the southeast corner of Newport Harbor, running generally northwesterly through the so-called "Spindle marker," to the point where it meets the edge of the federally established and maintained anchorage area, then generally northerly along the eastern side of the anchorage area, thence westerly to the southern boundary of the Port of Call Marina on Goat Island.

118 - A line along the western side of the breakwater near Ida Lewis Rock.

119 - A straight line extension from shore along the western side of the pier.

120 - A straight line extension from shore along the southern side of the state-owned boat launching ramp.

121 - A straight line extension from the northeastern tip of the Fort Adams anchorage basin easterly to the southern light on Goat Island.

1.Online Map: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_newport.pdf

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2.Newport, RI Water Type Classification

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V.Jamestown

122 - A straight line from shore along the southern side of the docking area at Fort Cove.

123 - A line bordering the southern side of the Newport Bridge.

124 - A straight line extension from the southern side of Weeden Lane.

125 - A straight line from the southern end of Maple Avenue to the end of the large wharf at Beaverhead.

126 - A straight line from Southwest Point to the tip of Shore Point.

1.Straight line extending seaward perpendicular to the shore at the southern-most boundary of Jamestown Estates Conservation Area (from point at approximately 156,752N, 358,389E RIspf83 to a point at approximately 156,753N/357,601E RIspf83), and a straight line extending perpendicular to the shore at the northernmost boundary of Watson Farm (from approximately 153,357N/361,079E to 153,349N/360,266E RIspf83). The waters within the polygon formed by these lines and bounded by the Jamestown shoreline to the east and the Type 4 waters boundary to the west are Type 1. (Approved by the Council January 22, 2008)

2.Online Maps: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_jamestown_south.pdf and http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_jamestown_north.pdf

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3.Jamestown, RI (south) Water Type Classification

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4.Jamestown, RI (north) Water Type Classification

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W.Tiverton

107 - A straight line connecting the north sides of the abutments of the former Old Stone Bridge.

109 - A straight line from the southern border of the industrially zoned area in Tiverton to the tip of the peninsula on the north side of Brewer's Marina in Portsmouth.

127 - A straight line extension of the northern boundary of land now or formally known as Charter Oil to its intersection with the existing Type 4 Water Designation.

128 - A straight line along the south side of the Nannaquaket Pond Bridge.

129 - A straight line extension of the south side of Island View Road.

130 - A straight line at the north side of the Nonquit Pond Dam.

1.Online Maps: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_tivertonnorth.pdf and http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_tivertonsouth.pdf

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2.Tiverton (north) Water Type Classification

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3.Tiverton (south) Water Type Classification

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X.Little Compton

131 - A straight line across the entrance to the Sakonnet River from the tip of Sachuest Point to the southern tip of West Island near Sakonnet Point.

1.Sakonnet Harbor

132 - The water area immediately adjacent to the barrier beach, starting at Point A (the northeast edge of Lot 385 where the eastern boundary of the barrier beach, identified by Dr. Boothroyd, intersects with the shore) then extending toward the western shore boundary of the barrier beach designated by Dr. Boothroyd to Point B (where a line drawn in a northerly direction as an extension of the eastern boundary of Lot 429 forms an intersect) are designated as Type 2. The remainder of the water area in Sakonnet Harbor are designated Type 5.

2.Online Maps: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_littlecompton_south.pdf; http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_littlecompton_north.pdf; and http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_sakonnetharbor.pdf

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3.Little Compton (south) Water Type Classification

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4.Sakonnet Harbor

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5.Little Compton (north) Water Type Classification

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Y.Block Island (New Shoreham)

133 - Straight line extensions of the outsides of each of the two (2) jetties at the breachway entrance to Great Salt Pond.

134 - A straight line starting from the point of land on the northeast side of the Great Salt Pond breachway and running generally southeasterly to Harris (Breezy) Point.

135 - A straight line starting at Harris (Breezy) Point and running generally southwesterly to Can Buoy #5.

136 - A straight line southwesterly extension of the west jetty at the breachway entrance to Great Salt Pond which joins with the seaward limit of a straight line (five hundred (500) feet) extension of the boundary between the commercial/low residential zone area west of Champlin's Dock, thence turning generally easterly and running to Can Buoy #5, then turning generally south-southeasterly and running to the point of land on the eastern shore of the channel to Trim's Pond, thence turning ninety (90) degrees and running west to land on the western side of the Trim's Pond Channel.

137 - A line along the outside of the west breakwater.

138 - A line along the outside of the east breakwater.

139 - A straight line starting at the boundary of lots 64-1 and 65 and running generally southeasterly to terminate at the northern boundary of lots 103 and 104.

1.Online Map: http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_blockisland.pdf

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2.New Shoreham, RI Water Type Classification

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History

• Amendment — effective from 2024-11-24 to current
• Technical Revision — effective from 2022-01-04 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2020-05-13 to 01/04/2022
• Technical Revision — effective from 2018-12-16 to 05/13/2020
• Technical Revision — effective from 2018-12-16 to 12/16/2018
• Amendment — effective from 2018-12-16 to 12/16/2018
• Technical Revision — effective from 2017-11-29 to 12/16/2018
• Amendment — effective from 2017-11-29 to 11/29/2017
• Amendment — effective from 2016-05-26 to 11/29/2017
• Amendment — effective from 2016-02-22 to 05/26/2016
• Technical Revision — effective from 2015-03-03 to 02/22/2016
• Amendment — effective from 2015-03-03 to 03/03/2015
• Amendment — effective from 2014-09-24 to 03/03/2015
• Amendment — effective from 2013-11-19 to 09/24/2014
• Amendment — effective from 2013-10-31 to 11/19/2013
• Technical Revision — effective from 2013-09-05 to 10/31/2013
• Amendment — effective from 2013-08-15 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2012-12-26 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-08-16 to 06/13/2013
• Amendment — effective from 2012-08-16 to 09/05/2013
• Amendment — effective from 2012-07-22 to 09/05/2013
• Amendment — effective from 2012-04-09 to 10/07/2012
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2011-11-23 to 10/07/2012
• Amendment — effective from 2011-06-13 to 08/16/2012
• Amendment — effective from 2011-05-16 to 03/08/2012
• Amendment — effective from 2011-05-16 to 09/05/2013
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 06/13/2011
• Amendment — effective from 2011-01-18 to 05/16/2011
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 12/26/2012
• Amendment — effective from 2011-01-06 to 05/16/2011
• Amendment — effective from 2009-12-22 to 09/05/2013
• Amendment — effective from 2009-11-17 to 01/18/2011
• Amendment — effective from 2009-11-17 to 09/05/2013
• Amendment — effective from 2009-08-09 to 09/05/2013
• Amendment — effective from 2008-12-04 to 09/05/2013
• Amendment — effective from 2008-11-23 to 08/09/2009
• Technical Revision — effective from 2008-10-22 to 11/23/2011
• Amendment — effective from 2008-10-22 to 10/22/2008
• Amendment — effective from 2008-08-21 to 09/05/2013
• Amendment — effective from 2008-08-21 to 11/17/2009
• Amendment — effective from 2008-05-19 to 11/17/2009
• Technical Revision — effective from 2008-02-11 to 06/13/2013
• Technical Revision — effective from 2008-02-11 to 02/11/2008
• Adoption — effective from 2008-02-11 to 02/11/2008
• Amendment — effective from 2008-02-11 to 08/21/2008
• Amendment — effective from 2008-02-11 to 12/29/2010
• Technical Revision — effective from 2007-10-18 to 08/15/2013
• Amendment — effective from 2007-10-18 to 10/18/2007
• Amendment — effective from 2007-10-18 to 09/05/2013
• Amendment — effective from 2007-10-18 to 05/19/2008
• Amendment — effective from 2007-09-26 to 09/05/2013
• Technical Revision — effective from 2007-06-19 to 09/05/2013
• Amendment — effective from 2007-06-19 to 06/19/2007
• Technical Revision — effective from 2007-06-18 to 09/05/2013
• Technical Revision — effective from 2007-05-30 to 10/22/2008
• Amendment — effective from 2007-05-23 to 05/30/2007
• Amendment — effective from 2007-05-22 to 06/18/2007
• Amendment — effective from 2007-05-22 to 04/09/2012
• Amendment — effective from 2007-05-22 to 09/05/2013
• Amendment — effective from 2007-02-14 to 12/22/2009
• Amendment — effective from 2007-01-10 to 10/18/2007
• Amendment — effective from 2006-12-11 to 01/18/2011
• Amendment — effective from 2006-11-06 to 05/23/2007
• Amendment — effective from 2006-06-19 to 11/06/2006
• Amendment — effective from 2006-03-08 to 08/16/2012
• Amendment — effective from 2006-03-05 to 09/05/2013
• Amendment — effective from 2006-03-05 to 02/14/2007
• Amendment — effective from 2006-03-05 to 01/10/2007
• Amendment — effective from 2006-02-20 to 09/05/2013
• Amendment — effective from 2005-12-27 to 02/11/2008
• Amendment — effective from 2005-11-24 to 10/18/2007
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-11-02 to 10/18/2007
• Amendment — effective from 2005-04-18 to 06/19/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2005-01-17 to 04/18/2005
• Amendment — effective from 2005-01-17 to 01/06/2011
• Amendment — effective from 2004-11-29 to 11/24/2005
• Amendment — effective from 2004-11-03 to 09/05/2013
• Amendment — effective from 2004-09-09 to 03/08/2012
• Amendment — effective from 2004-07-15 to 11/29/2004
• Amendment — effective from 2004-07-11 to 12/11/2006
• Amendment — effective from 2004-06-14 to 09/05/2013
• Amendment — effective from 2004-06-14 to 01/17/2005
• Technical Revision — effective from 2003-10-19 to 09/05/2013
• Periodic Refile — effective from 2003-10-19 to 10/19/2003
• Technical Revision — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/19/2007
• Periodic Refile — effective from 2003-10-09 to 07/15/2004
• Periodic Refile — effective from 2003-10-09 to 08/21/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 09/26/2007
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 12/04/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/11/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/22/2012
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 11/23/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 11/03/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 12/27/2005
• Periodic Refile — effective from 2003-10-09 to 03/08/2006
• Periodic Refile — effective from 2003-10-09 to 10/09/2003
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 02/11/2008
• Periodic Refile — effective from 2003-10-09 to 09/09/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2005
• Periodic Refile — effective from 2003-10-09 to 11/02/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-07-18 to 11/07/2002
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-02-04 to 10/09/2003
• Periodic Refile — effective from 2002-01-02 to 10/19/2003

650-RICR-20-00-1 § 1.7 Shoreline Change Maps - Watch Hill to Little Compton and Block Island

A.The Coastal Resources Management Council adopted in 2008 orthophoto aerial image shoreline change maps that were developed by the University of Rhode Island. These maps comprise the state’s shoreline from Watch Hill to Pt. Judith, into and inclusive of Narragansett Bay and its islands, to the eastern shoreline of Little Compton. Shoreline change maps are now completed for Block Island.

B.The purpose of these maps is to show shoreline rates of change that will be applied to pertinent sections of the Council’s regulatory programs to address issues including setbacks of activities from coastal features. These shoreline change maps detail accretion and erosion rates for the shoreline associated with shoreline transect segments for each map. In total there are one hundred eighty-seven (187) such maps, which are herein incorporated as regulations of the RICRMP.

C.The maps for the communities of Westerly, Charlestown, South Kingstown, Narragansett and North Kingstown are based on 2014 orthophoto aerial images and are listed under Washington County (2016). These maps show various shorelines from 1939, 1951, 1963, 2012 and 2014 aerial images. In addition, four new panels for the Narrow River have been included. The remaining maps adopted in 2008 include only the shorelines interpreted from aerial images of 1939, 1975 and 2003 for maps covering Narrow River northward into the Bay, islands and to Little Compton or 2004 for the shoreline from Napatree Point to Narragansett Beach.

D.The maps for the community of New Shoreham (Block Island) are based on 2016 orthophoto aerial images and are listed under Block Island (2017). These maps show the shoreline positions and change as determined from the differences between the 1952 and 2016 aerial images.

E.These shoreline change maps are orthophoto aerial images which individually are very large digital computer files. They can be examined on-line at the Council’s website: .

F.Westerly

1.Napatree Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/Westerly_Napatree-Beach.pdf

2.Watch Hill. Online map: http://www.crmc.ri.gov/maps/shorechange/Westerly_Watch-Hill.pdf

3.Maschaug Pond. Online map: http://www.crmc.ri.gov/maps/shorechange/Westerly_Maschaug-Pond.pdf

4.Misquamicut Headland. Online map: http://www.crmc.ri.gov/maps/shorechange/Westerly_Misquamicut-Headland.pdf

5.Atlantic Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/Westerly_Atlantic-Beach.pdf

6.Weekapaug Breachway. Online map: http://www.crmc.ri.gov/maps/shorechange/Westerly_Weekapaug-Breachway.pdf

7.Weekapaug Headland. Online map: http://www.crmc.ri.gov/maps/shorechange/Westerly_Weekapaug-Headland.pdf

8.Quonochontaug Barrier. Online map: http://www.crmc.ri.gov/maps/shorechange/Westerly_Quonochontaug-Barrier.pdf

G.Charlestown

1.Quonochontaug Headland. Online map: http://www.crmc.ri.gov/maps/shorechange/Charlestown_Quonochontaug-Headland.pdf

2.East Beach-West. Online map: http://www.crmc.ri.gov/maps/shorechange/Charlestown_East-Beach_West.pdf

3.East Beach-East. Online map: http://www.crmc.ri.gov/maps/shorechange/Charlestown_East-Beach_East.pdf

4.Charlestown Breachway. Online map: http://www.crmc.ri.gov/maps/shorechange/Charlestown_Charlestown-Breachway.pdf

H.South Kingstown

1.Green Hill Barrier. Online map: http://www.crmc.ri.gov/maps/shorechange/South-Kingstown_Green-Hill-Barrier.pdf

2.Moonstone Barrier. Online map: http://www.crmc.ri.gov/maps/shorechange/South-Kingstown_Moonstone-Barrier.pdf

3.Matunuck Headland. Online map: http://www.crmc.ri.gov/maps/shorechange/South-Kingstown_Matunuck-Headland.pdf

4.Succotash Barrier. Online map: http://www.crmc.ri.gov/maps/shorechange/South-Kingstown_Succotash-Barrier.pdf

I.Narragansett

1.Galilee Sand Hill Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Galilee-Sand_Hill_Cove.pdf

2.Point Judith. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Point-Judith.pdf

3.Scarborough Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Scarborough-Beach.pdf

4.Black Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Black-Point.pdf

5.Hazard-Rocks. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Hazard-Rocks.pdf

6.Narragansett Pier. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Narragansett-Pier.pdf

7.Narragansett Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Narragansett-Beach.pdf

8.Cormorant Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Cormorant_Point.pdf

9.Boston Neck. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Boston_Neck.pdf

10.Bonnet Shores. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Bonnet_Shores.pdf

11.South Ferry. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_South_Ferry.pdf

12.Saunderstown. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Saunderstown.pdf

13.Narrow River Sprague Bridge. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Narrow_River-Sprague_Bridge.pdf

14.Narrow River Pettasquamscutt Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Narrow_River-Pettaquamscutt_Cove.pdf

15.Narrow river Middle Bridge. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Narrow_River-Middle_Bridge.pdf

16.Narrow River Bridgetown. Online map: http://www.crmc.ri.gov/maps/shorechange/Narragansett_Narrow_River-Bridgetown.pdf

J.North Kingstown

1.Plum Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/North_Kingstown_Plum_Beach.pdf

2.Greene Point. Online map; http://www.crmc.ri.gov/maps/shorechange/North_Kingstown_Greene_Point.pdf

3.Bissel Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/North_Kingstown_Bissel_Cove.pdf

4.Cold Spring Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/North_Kingstown_Cold_Spring_Beach.pdf

5.Wickford Harbor. Online map: http://www.crmc.ri.gov/maps/shorechange/North_Kingstown_Wickford_Harbor.pdf

6.Mill Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/North_Kingstown_Mill_Cove.pdf

7.Sauga Point. Online map: http://www.crmc.ri.gov/maps/shorechange/North_Kingstown_Sauga_Point.pdf

8.Quonset Point. Online map: http://www.crmc.ri.gov/maps/shorechange/North_Kingstown_Quonset_Point.pdf

9.Davisville Depot. Online map: http://www.crmc.ri.gov/maps/shorechange/North_Kingstown_Davisville_Depot.pdf

10.Allen Harbor. Online map: http://www.crmc.ri.gov/maps/shorechange/North_Kingstown_Allen_Harbor.pdf

11.Quidnessett. Online map: http://www.crmc.ri.gov/maps/shorechange/North_Kingstown_Quidnessett.pdf

12.Potowomut River-East. Online map:http://www.crmc.ri.gov/maps/shorechange/North_Kingstown_Potowomut_River_East.pdf

13.Potowomut River-West. Online map: http://www.crmc.ri.gov/maps/shorechange/North_Kingstown_Potowomut_River_West.pdf

K.East Greenwich

1.Greenwich Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/East_Greenwich_Greenwich_Cove.pdf

L.Warwick

1.Sally Rock Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Sally_Rock_Point.pdf

2.Goddard Park. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Goddard_Park.pdf

3.Cowesett-Chepiwanoxet. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Cowesett_Chepiwanoxet.pdf

4.Apponaug Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Apponaug_Cove.pdf

5.Cedar Tree Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Cedar_Tree_Point.pdf

6.Buttonwods-Brush Neck. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Buttonwoods_Brush_Neck.pdf

7.Warwick Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Warwick_Cove.pdf

8.Warwick Neck-West. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Warwick_Neck_West.pdf

9.Warwick Neck-East. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Warwick_Neck_East.pdf

10.Rocky Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Rocky_Point.pdf

11.Mill Creek. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Mill_Creek.pdf

12.Conimicut Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Conimicut_Point.pdf

13.Conimicut. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Conimicut.pdf

14.Gaspee point. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Gaspee_Point.pdf

15.Pawtuxet Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Warwick_Pawtuxet_Cove.pdf

M.Cranston

1.Stillhouse Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Cranston_Stilhouse_Cove.pdf

N.Providence

1.Fields Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Providence_Fields_Point.pdf

2.Fox Point Reach. Online map: http://www.crmc.ri.gov/maps/shorechange/Providence_Fox_Point_Reach.pdf

3.Fox Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Providence_Fox_Point.pdf

4.Point Street Bridge. Online map: http://www.crmc.ri.gov/maps/shorechange/Providence_Point_Street_Bridge.pdf

O.Pawtucket

1.Seekonk River. Online map: http://www.crmc.ri.gov/maps/shorechange/Pawtucket_N_Seekonk_River.pdf

P.East Providence

1.Bucklin Point. Online map: http://www.crmc.ri.gov/maps/shorechange/East_Providence_Bucklin_Point_Bishop_Point.pdf

2.Phillipsdale. Online map: http://www.crmc.ri.gov/maps/shorechange/East_Providence_Phillipsdale.pdf

3.Red Bridge. Online map: http://www.crmc.ri.gov/maps/shorechange/East_Providence_Red_Bridge.pdf

4.Watchemocket Cove. Online maps: http://www.crmc.ri.gov/maps/shorechange/East_Providence_Watchemoket_Cove.pdf

5.Pomham Rocks. Online map: http://www.crmc.ri.gov/maps/shorechange/East_Providence_Pomham_Rocks.pdf

6.Sabin Point. Online Map: http://www.crmc.ri.gov/maps/shorechange/East_Providence_Sabin_Point.pdf

7.Bullock Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/East_Providence_Bullock_Cove.pdf

Q.Barrington

1.Annawomscutt. Online map: http://www.crmc.ri.gov/maps/shorechange/Barrington_Annawomscutt.pdf

2.Nyatt Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Barrington_Nyatt_Point.pdf

3.Barrington Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/Barrington_Barrington_Beach.pdf

4.Rumstick Neck. Online map: http://www.crmc.ri.gov/maps/shorechange/Barrington_Rumstick_Neck.pdf

5.Barrington River. Online map: http://www.crmc.ri.gov/maps/shorechange/Barrington_Barrington_River.pdf

6.Barrington River-North. Online map: http://www.crmc.ri.gov/maps/shorechange/Barrington_N_Barrington_River.pdf

7.Hundred Acre Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Barrington_Hundred_Acre_Cove.pdf

8.Palmer River. Online map: http://www.crmc.ri.gov/maps/shorechange/Barrington_Palmer_River.pdf

R.Warren

1.Belcher Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Warren_Belcher_Cove.pdf

2.Warren River. Online map: http://www.crmc.ri.gov/maps/shorechange/Warren_Warren_River.pdf

3.Kickemuit River. Online map: http://www.crmc.ri.gov/maps/shorechange/Warren_Kickamuit_River.pdf

4.Coggeshall. Online Map: http://www.crmc.ri.gov/maps/shorechange/Warren_Coggeshall.pdf

S.Bristol

1.Jacobs Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Bristol_Jacobs_Point.pdf

2.North Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Bristol_North_Point.pdf

3.Colt State Park. Online map: http://www.crmc.ri.gov/maps/shorechange/Bristol_Colt_State_Park.pdf

4.Popasquash Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Bristol_Popasquash_Point.pdf

5.Bristol Harbor. Online map: http://www.crmc.ri.gov/maps/shorechange/Bristol_Bristol_Harbor.pdf

6.Walker Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Bristol_Walker_Cove.pdf

7.Bristol Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Bristol_Bristol_Point.pdf

8.Mount Hope. Online map: http://www.crmc.ri.gov/maps/shorechange/Bristol_Mount_Hope.pdf

9.Bristol Neck. Online map: http://www.crmc.ri.gov/maps/shorechange/Bristol_E_Bristol_Neck.pdf

10.Bristol Narrows. Online map: http://www.crmc.ri.gov/maps/shorechange/Bristol_Bristol_Narrows.pdf

T.Portsmouth

1.Patience Island. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Patience_Island.pdf

2.Prudence Island-Providence Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Prudence_Providence_Point.pdf

3.Prudence Island-Potter Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Prudence_Potter_Cove.pdf

4.Prudence Island-Prudence Neck. Online map:http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Prudence_Prudence_Neck.pdf

5.Prudence Island-Prudence Park North. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Prudence_Prudence_Park_North.pdf

6.Prudence Island-Prudence Park. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Prudence_Prudence_Park.pdf

7.Prudence Island-South Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Prudence_South_Point.pdf

8.Prudence Island-Cliff Road. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Prudence_Cliff_Road.pdf

9.Prudence Island-Sandy Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Prudence_Sandy_Point.pdf

10.Prudence Island-Homestead. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Prudence_Homestead.pdf

11.Hog Island. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Hog_Island.pdf

12.Common Fence Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Common_Fence_Point.pdf

13.Bristol Ferry. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Bristol_Ferry.pdf

14.Mount Hope Bridge. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Mount_Hope_Bridge.pdf

15.Carnegie Abbey. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Carnegie_Abbey_Club.pdf

16.Portsmouth abbey. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Portsmouth_Abbey_School.pdf

17.Melville. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Melville.pdf

18.Dyer Island. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Dyer_Island.pdf

19.Carr Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Carr_Point.pdf

20.Island Park. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Island_Park.pdf

21.Portsmouth Park. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Portsmouth_Park.pdf

22.Portsmouth Center. Online Map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Portsmouth_Center.pdf

23.McCorrie Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_McCorrie_Point.pdf

24. The Glen. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_The_Glenn.pdf

25.Sandy Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Sandy_Point.pdf

26.Black Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Portsmouth_Black_Point.pdf

U.Middletown

1.Greene Lane. Online map: http://www.crmc.ri.gov/maps/shorechange/Middletown_Greene_Lane.pdf

2.Wanumetonomy. Online Map: http://www.crmc.ri.gov/maps/shorechange/Middletown_Wanumetonomy_Country_Club.pdf

3.Easton Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Middletown_Easton_Point.pdf

4.Second Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/Middletown_Second_Beach.pdf

5.Sachuest Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Middletown_Sachuest_Point.pdf

6.Third Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/Middletown_Third_Beach.pdf

7.Taggarts Ferry. Online map: http://www.crmc.ri.gov/maps/shorechange/Middletown_Taggarts_Ferry.pdf

V.Newport

1.Coddington Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Newport_Coddington_Cove.pdf

2.Rose Island. Online map: http://www.crmc.ri.gov/maps/shorechange/Newport_Rose_Island.pdf

3.Coasters Harbor Island. Online map: http://www.crmc.ri.gov/maps/shorechange/Newport_Coasters_Harbor_Island.pdf

4.Newport Harbor. Online map: http://www.crmc.ri.gov/maps/shorechange/Newport_Newport_Harbor.pdf

5.Fort Adams. Online map: http://www.crmc.ri.gov/maps/shorechange/Newport_Fort_Adams.pdf

6.Castle Hill. Online map: http://www.crmc.ri.gov/maps/shorechange/Newport_Castle_Hill.pdf

7.Brenton Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Newport_Brenton_Point.pdf

8.Price Neck. Online map: http://www.crmc.ri.gov/maps/shorechange/Newport_Price_Neck.pdf

9.Lands End. Online map: http://www.crmc.ri.gov/maps/shorechange/Newport_Lands_End.pdf

10.The Breakers. Online map: http://www.crmc.ri.gov/maps/shorechange/Newport_The_Breakers.pdf

11.Cliff Walk. Online map: http://www.crmc.ri.gov/maps/shorechange/Newport_Cliff_Walk_Forty_Steps.pdf

12.Easton Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/Newport_Easton_Beach.pdf

W.Jamestown

1.Beavertail. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Beavertail.pdf

2.Austin Hollow. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Austin_Hollow.pdf

3.Beaverhead. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Beaverhead.pdf

4.Dutch Island. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Dutch_Island.pdf

5.Dutch Island Harbor. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Dutch_Island_Harbor.pdf

6.Jamestown Bridge. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Jamestown_Bridge.pdf

7.Jamestown Shores. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Jamestown_Shores.pdf

8.Sand Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Sand_Point.pdf

9.Conanicut Point-West. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Conanicut_Point_West.pdf

10.Hope Island. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Hope_Island.pdf

11.Conanicut Point-East. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Conanicut_Point_East.pdf

12.Conanicut Park. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Conanicut_Park.pdf

13.Cranston Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Cranston_Cove.pdf

14.Potter Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Potter_Cove.pdf

15.Bryer Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Bryer_Point.pdf

16.Fort Wetherill. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Fort_Wetherill.pdf

17.Hull Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Hull_Cove.pdf

18.Mackerel Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Mackeral_Cove.pdf

19.Gould Island. Online map: http://www.crmc.ri.gov/maps/shorechange/Jamestown_Gould_Island.pdf

X.Tiverton

1.North Tiverton. Online map: http://www.crmc.ri.gov/maps/shorechange/Tiverton_North_Tiverton.pdf

2.Sakonnet River. Online map: http://www.crmc.ri.gov/maps/shorechange/Tiverton_North_Sakonnet_River.pdf

3.Sakonnet River Bridge. Online map: http://www.crmc.ri.gov/maps/shorechange/Tiverton_Sakonnet_River_Bridge.pdf

4.Nanaquaket Neck. Online map: http://www.crmc.ri.gov/maps/shorechange/Tiverton_Nannaquaket_Neck.pdf

5.Jacks Island. Online map: http://www.crmc.ri.gov/maps/shorechange/Tiverton_Jacks_Island.pdf

6.Sapowet Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Tiverton_Sapowet_Point.pdf

7.Fogland Point: http://www.crmc.ri.gov/maps/shorechange/Tiverton_Fogland_Point.pdf

8.High Hill Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Tiverton_High_Hill_Point.pdf

Y.Little Compton

1.North Brown Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Little_Compton_North_Brown_Point.pdf

2.Brown Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Little_Compton_Brown_Point.pdf

3.Church Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Little_Compton_Church_Point.pdf

4.Church Cove. Online map: http://www.crmc.ri.gov/maps/shorechange/Little_Compton_Church_Cove.pdf

5.Sakonnet Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Little_Compton_Sakonnet_Point.pdf

6.Warren Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Little_Compton_Warren_Point.pdf

7.Briggs Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/Little_Compton_Briggs_Beach.pdf

8.Briggs Point. Online map: http://www.crmc.ri.gov/maps/shorechange/Little_Compton_Briggs_Point.pdf

9.South Shore Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/Little_Compton_South_Shore_Beach.pdf

Z.New Shoreham (Block Island)

1.Sandy Point. Online map: http://www.crmc.ri.gov/maps/shorechange/BI_ClayHead-SandyPoint.pdf

2.Scotch Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/BI_ScotchBeach-ClayHead.pdf

3.Old Harbor. Online map: http://www.crmc.ri.gov/maps/shorechange/BI_OldHarbor-ScotchBeach.pdf

4.Mohegan. Online map: http://www.crmc.ri.gov/maps/shorechange/BI_Mohegan-OldHarbor.pdf

5.Great Point. Online map: http://www.crmc.ri.gov/maps/shorechange/BI_Mohegan-GreatPoint-LewisPoint.pdf

6.Southwest Point. Online map: http://www.crmc.ri.gov/maps/shorechange/BI_SWPoint-LewisPoint.pdf

7.Grace Point. Online map: http://www.crmc.ri.gov/maps/shorechange/BI_SWPoint-GracePoint.pdf

8.New harbor Inlet. Online map: http://www.crmc.ri.gov/maps/shorechange/BI_GracePoint-NewHarborInlet.pdf

9.West Beach. Online map: http://www.crmc.ri.gov/maps/shorechange/BI_NewHarborInlet-Logwood.pdf

History

• Amendment — effective from 2024-11-24 to current
• Technical Revision — effective from 2022-01-04 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2020-05-13 to 01/04/2022
• Technical Revision — effective from 2018-12-16 to 05/13/2020
• Technical Revision — effective from 2018-12-16 to 12/16/2018
• Amendment — effective from 2018-12-16 to 12/16/2018
• Technical Revision — effective from 2017-11-29 to 12/16/2018
• Amendment — effective from 2017-11-29 to 11/29/2017
• Amendment — effective from 2016-05-26 to 11/29/2017
• Amendment — effective from 2016-02-22 to 05/26/2016
• Technical Revision — effective from 2015-03-03 to 02/22/2016
• Amendment — effective from 2015-03-03 to 03/03/2015
• Amendment — effective from 2014-09-24 to 03/03/2015
• Amendment — effective from 2013-11-19 to 09/24/2014
• Amendment — effective from 2013-10-31 to 11/19/2013
• Technical Revision — effective from 2013-09-05 to 10/31/2013
• Amendment — effective from 2013-08-15 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2012-12-26 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-08-16 to 06/13/2013
• Amendment — effective from 2012-08-16 to 09/05/2013
• Amendment — effective from 2012-07-22 to 09/05/2013
• Amendment — effective from 2012-04-09 to 10/07/2012
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2011-11-23 to 10/07/2012
• Amendment — effective from 2011-06-13 to 08/16/2012
• Amendment — effective from 2011-05-16 to 03/08/2012
• Amendment — effective from 2011-05-16 to 09/05/2013
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 06/13/2011
• Amendment — effective from 2011-01-18 to 05/16/2011
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 12/26/2012
• Amendment — effective from 2011-01-06 to 05/16/2011
• Amendment — effective from 2009-12-22 to 09/05/2013
• Amendment — effective from 2009-11-17 to 01/18/2011
• Amendment — effective from 2009-11-17 to 09/05/2013
• Amendment — effective from 2009-08-09 to 09/05/2013
• Amendment — effective from 2008-12-04 to 09/05/2013
• Amendment — effective from 2008-11-23 to 08/09/2009
• Technical Revision — effective from 2008-10-22 to 11/23/2011
• Amendment — effective from 2008-10-22 to 10/22/2008
• Amendment — effective from 2008-08-21 to 09/05/2013
• Amendment — effective from 2008-08-21 to 11/17/2009
• Amendment — effective from 2008-05-19 to 11/17/2009
• Technical Revision — effective from 2008-02-11 to 06/13/2013
• Technical Revision — effective from 2008-02-11 to 02/11/2008
• Adoption — effective from 2008-02-11 to 02/11/2008
• Amendment — effective from 2008-02-11 to 08/21/2008
• Amendment — effective from 2008-02-11 to 12/29/2010
• Technical Revision — effective from 2007-10-18 to 08/15/2013
• Amendment — effective from 2007-10-18 to 10/18/2007
• Amendment — effective from 2007-10-18 to 09/05/2013
• Amendment — effective from 2007-10-18 to 05/19/2008
• Amendment — effective from 2007-09-26 to 09/05/2013
• Technical Revision — effective from 2007-06-19 to 09/05/2013
• Amendment — effective from 2007-06-19 to 06/19/2007
• Technical Revision — effective from 2007-06-18 to 09/05/2013
• Technical Revision — effective from 2007-05-30 to 10/22/2008
• Amendment — effective from 2007-05-23 to 05/30/2007
• Amendment — effective from 2007-05-22 to 06/18/2007
• Amendment — effective from 2007-05-22 to 04/09/2012
• Amendment — effective from 2007-05-22 to 09/05/2013
• Amendment — effective from 2007-02-14 to 12/22/2009
• Amendment — effective from 2007-01-10 to 10/18/2007
• Amendment — effective from 2006-12-11 to 01/18/2011
• Amendment — effective from 2006-11-06 to 05/23/2007
• Amendment — effective from 2006-06-19 to 11/06/2006
• Amendment — effective from 2006-03-08 to 08/16/2012
• Amendment — effective from 2006-03-05 to 09/05/2013
• Amendment — effective from 2006-03-05 to 02/14/2007
• Amendment — effective from 2006-03-05 to 01/10/2007
• Amendment — effective from 2006-02-20 to 09/05/2013
• Amendment — effective from 2005-12-27 to 02/11/2008
• Amendment — effective from 2005-11-24 to 10/18/2007
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-11-02 to 10/18/2007
• Amendment — effective from 2005-04-18 to 06/19/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2005-01-17 to 04/18/2005
• Amendment — effective from 2005-01-17 to 01/06/2011
• Amendment — effective from 2004-11-29 to 11/24/2005
• Amendment — effective from 2004-11-03 to 09/05/2013
• Amendment — effective from 2004-09-09 to 03/08/2012
• Amendment — effective from 2004-07-15 to 11/29/2004
• Amendment — effective from 2004-07-11 to 12/11/2006
• Amendment — effective from 2004-06-14 to 09/05/2013
• Amendment — effective from 2004-06-14 to 01/17/2005
• Technical Revision — effective from 2003-10-19 to 09/05/2013
• Periodic Refile — effective from 2003-10-19 to 10/19/2003
• Technical Revision — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/19/2007
• Periodic Refile — effective from 2003-10-09 to 07/15/2004
• Periodic Refile — effective from 2003-10-09 to 08/21/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 09/26/2007
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 12/04/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/11/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/22/2012
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 11/23/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 11/03/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 12/27/2005
• Periodic Refile — effective from 2003-10-09 to 03/08/2006
• Periodic Refile — effective from 2003-10-09 to 10/09/2003
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 02/11/2008
• Periodic Refile — effective from 2003-10-09 to 09/09/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2005
• Periodic Refile — effective from 2003-10-09 to 11/02/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-07-18 to 11/07/2002
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-02-04 to 10/09/2003
• Periodic Refile — effective from 2002-01-02 to 10/19/2003

650-RICR-20-00-1 § 1.8 Sea Level Affecting Marshes Model (SLAMM) Maps

A.Rhode Island coastal communities

1.The Rhode Island Coastal Resources Management Council (CRMC) and its partners have developed Sea Level Affecting Marshes Model (SLAMM) Maps for the coastal wetlands of all twenty-one (21) Rhode Island coastal communities. The purpose of these SLAMM maps is to show how coastal wetlands will likely transition and migrate onto adjacent upland areas under projected sea level rise scenarios of 1, 3 and 5 feet in the coming decades. These maps are intended to support state and local community planning efforts and to help decision makers prepare for and adapt to future coastal wetland conditions despite the inherent uncertainties associated with future rates of sea level rise.

2.The SLAMM maps were developed using a digital wetlands coverage derived from the 2010 National Wetlands Inventory for Rhode Island. The elevation data used in the model was developed from the 2011 USGS LIDAR elevation dataset. These maps were developed using the “protection off” mode for the model simulations, thereby depicting the highest potential for marsh migration despite current limitations such as parking lots, roads or other development. In this way the maps illustrate opportunities for conservation and potential land modification to enhance wetland migration and restoration. The SLAMM data do not consider natural processes such as coastal erosion or the impacts of coastal storms that can have significant influence on shoreline location and sediment dynamics. Despite these limitations the data still provide a valuable tool to identify those places that provide the best opportunity for future saltmarsh habitat and conservation priorities, and provide valuable information to help plan for new development and infrastructure. Additional map parameters, data sources and caveats can also be found at www.crmc.ri.gov.

3.These SLAMM maps are Geographic Information System (GIS)-based map images exported as PDF files to reduce file size and ease of access. In total there are one hundred forty-nine (149) map panels that cover the entire Rhode Island shoreline and each panel has four maps showing the current wetland condition (as of 2010) followed by 1, 3, and 5-foot of sea level rise scenarios.

4.No warranty is expressed or implied by the CRMC and its SLAMM project partners related to the spatial accuracy of these maps and promote no other use of these maps and data other than as a planning tool. These maps should not be used for, and are not intended for, survey and engineering purposes. The data do not take the place of a legal survey or other primary source documentation. They were created for general reference, informational, planning, and guidance use. They are not a legally authoritative source as to the exact location of natural or manmade features.

5.These maps are herein incorporated under § 1.2.2(C) of this Part. These maps are very large digital computer files that can be examined on-line at the Council’s website: .

B.Barrington

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_barrington.pdf

C.Bristol

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_bristol.pdf

D.Charlestown

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_charlestown.pdf

E.Cranston

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_cranston.pdf

F.East Greenwich

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_eastgreenwich.pdf

G.East Providence

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_eastprovidence.pdf

H.Jamestown

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_jamestown.pdf

I.Little Compton

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_littlecompton.pdf

J.Middletown

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_middletown.pdf

K.Narragansett

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_narragansett.pdf

L.Newport

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_newport.pdf

M.New Shoreham (Block Island)

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_newshoreham.pdf

N.North Kingstown

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_northkingstown.pdf

O.Pawtucket

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_pawtucket.pdf

P.Portsmouth

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_portsmouth.pdf

Q.Providence

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_providence.pdf

R.South Kingstown

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_southkingstown.pdf

S.Tiverton

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_tiverton.pdf

T.Warren

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_warren.pdf

U.Warwick

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_warwick.pdf

V.Westerly

1.Community online map set: http://www.crmc.ri.gov/maps/maps_slamm/slamm_westerly.pdf

History

• Amendment — effective from 2024-11-24 to current
• Technical Revision — effective from 2022-01-04 to 11/24/2024
• Periodic Refile — effective from 2022-01-04 to 01/04/2022
• Amendment — effective from 2020-05-13 to 01/04/2022
• Technical Revision — effective from 2018-12-16 to 05/13/2020
• Technical Revision — effective from 2018-12-16 to 12/16/2018
• Amendment — effective from 2018-12-16 to 12/16/2018
• Technical Revision — effective from 2017-11-29 to 12/16/2018
• Amendment — effective from 2017-11-29 to 11/29/2017
• Amendment — effective from 2016-05-26 to 11/29/2017
• Amendment — effective from 2016-02-22 to 05/26/2016
• Technical Revision — effective from 2015-03-03 to 02/22/2016
• Amendment — effective from 2015-03-03 to 03/03/2015
• Amendment — effective from 2014-09-24 to 03/03/2015
• Amendment — effective from 2013-11-19 to 09/24/2014
• Amendment — effective from 2013-10-31 to 11/19/2013
• Technical Revision — effective from 2013-09-05 to 10/31/2013
• Amendment — effective from 2013-08-15 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2013-06-13 to 09/05/2013
• Amendment — effective from 2012-12-26 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-10-07 to 09/05/2013
• Amendment — effective from 2012-08-16 to 06/13/2013
• Amendment — effective from 2012-08-16 to 09/05/2013
• Amendment — effective from 2012-07-22 to 09/05/2013
• Amendment — effective from 2012-04-09 to 10/07/2012
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2012-03-08 to 09/05/2013
• Amendment — effective from 2011-11-23 to 10/07/2012
• Amendment — effective from 2011-06-13 to 08/16/2012
• Amendment — effective from 2011-05-16 to 03/08/2012
• Amendment — effective from 2011-05-16 to 09/05/2013
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 06/13/2011
• Amendment — effective from 2011-01-18 to 05/16/2011
• Amendment — effective from 2011-01-18 to 09/05/2013
• Amendment — effective from 2011-01-18 to 12/26/2012
• Amendment — effective from 2011-01-06 to 05/16/2011
• Amendment — effective from 2009-12-22 to 09/05/2013
• Amendment — effective from 2009-11-17 to 01/18/2011
• Amendment — effective from 2009-11-17 to 09/05/2013
• Amendment — effective from 2009-08-09 to 09/05/2013
• Amendment — effective from 2008-12-04 to 09/05/2013
• Amendment — effective from 2008-11-23 to 08/09/2009
• Technical Revision — effective from 2008-10-22 to 11/23/2011
• Amendment — effective from 2008-10-22 to 10/22/2008
• Amendment — effective from 2008-08-21 to 09/05/2013
• Amendment — effective from 2008-08-21 to 11/17/2009
• Amendment — effective from 2008-05-19 to 11/17/2009
• Technical Revision — effective from 2008-02-11 to 06/13/2013
• Technical Revision — effective from 2008-02-11 to 02/11/2008
• Adoption — effective from 2008-02-11 to 02/11/2008
• Amendment — effective from 2008-02-11 to 08/21/2008
• Amendment — effective from 2008-02-11 to 12/29/2010
• Technical Revision — effective from 2007-10-18 to 08/15/2013
• Amendment — effective from 2007-10-18 to 10/18/2007
• Amendment — effective from 2007-10-18 to 09/05/2013
• Amendment — effective from 2007-10-18 to 05/19/2008
• Amendment — effective from 2007-09-26 to 09/05/2013
• Technical Revision — effective from 2007-06-19 to 09/05/2013
• Amendment — effective from 2007-06-19 to 06/19/2007
• Technical Revision — effective from 2007-06-18 to 09/05/2013
• Technical Revision — effective from 2007-05-30 to 10/22/2008
• Amendment — effective from 2007-05-23 to 05/30/2007
• Amendment — effective from 2007-05-22 to 06/18/2007
• Amendment — effective from 2007-05-22 to 04/09/2012
• Amendment — effective from 2007-05-22 to 09/05/2013
• Amendment — effective from 2007-02-14 to 12/22/2009
• Amendment — effective from 2007-01-10 to 10/18/2007
• Amendment — effective from 2006-12-11 to 01/18/2011
• Amendment — effective from 2006-11-06 to 05/23/2007
• Amendment — effective from 2006-06-19 to 11/06/2006
• Amendment — effective from 2006-03-08 to 08/16/2012
• Amendment — effective from 2006-03-05 to 09/05/2013
• Amendment — effective from 2006-03-05 to 02/14/2007
• Amendment — effective from 2006-03-05 to 01/10/2007
• Amendment — effective from 2006-02-20 to 09/05/2013
• Amendment — effective from 2005-12-27 to 02/11/2008
• Amendment — effective from 2005-11-24 to 10/18/2007
• Amendment — effective from 2005-11-02 to 02/20/2006
• Amendment — effective from 2005-11-02 to 10/18/2007
• Amendment — effective from 2005-04-18 to 06/19/2006
• Amendment — effective from 2005-01-17 to 11/02/2005
• Amendment — effective from 2005-01-17 to 04/18/2005
• Amendment — effective from 2005-01-17 to 01/06/2011
• Amendment — effective from 2004-11-29 to 11/24/2005
• Amendment — effective from 2004-11-03 to 09/05/2013
• Amendment — effective from 2004-09-09 to 03/08/2012
• Amendment — effective from 2004-07-15 to 11/29/2004
• Amendment — effective from 2004-07-11 to 12/11/2006
• Amendment — effective from 2004-06-14 to 09/05/2013
• Amendment — effective from 2004-06-14 to 01/17/2005
• Technical Revision — effective from 2003-10-19 to 09/05/2013
• Periodic Refile — effective from 2003-10-19 to 10/19/2003
• Technical Revision — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/19/2007
• Periodic Refile — effective from 2003-10-09 to 07/15/2004
• Periodic Refile — effective from 2003-10-09 to 08/21/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 09/26/2007
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 12/04/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/11/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 07/22/2012
• Periodic Refile — effective from 2003-10-09 to 01/17/2005
• Periodic Refile — effective from 2003-10-09 to 03/05/2006
• Periodic Refile — effective from 2003-10-09 to 06/14/2004
• Periodic Refile — effective from 2003-10-09 to 11/23/2008
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 11/03/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 01/18/2011
• Periodic Refile — effective from 2003-10-09 to 12/27/2005
• Periodic Refile — effective from 2003-10-09 to 03/08/2006
• Periodic Refile — effective from 2003-10-09 to 10/09/2003
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 02/11/2008
• Periodic Refile — effective from 2003-10-09 to 09/09/2004
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 03/05/2005
• Periodic Refile — effective from 2003-10-09 to 11/02/2005
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Periodic Refile — effective from 2003-10-09 to 05/22/2007
• Periodic Refile — effective from 2003-10-09 to 09/05/2013
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-11-07 to 10/09/2003
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-07-18 to 11/07/2002
• Amendment — effective from 2002-07-18 to 10/09/2003
• Amendment — effective from 2002-02-04 to 10/09/2003
• Periodic Refile — effective from 2002-01-02 to 10/19/2003

650-RICR-20-00-3 Salt Pond Region Special Area Management Plan

650-RICR-20-00-3 Salt Pond Region Special Area Management Plan

History

• Technical Revision — effective from 2019-06-20 to current
• Amendment — effective from 2019-06-20 to 06/20/2019
• Technical Revision — effective from 2018-04-30 to 06/20/2019
• Amendment — effective from 2018-04-30 to 04/30/2018
• Amendment — effective from 2013-10-07 to 04/30/2018
• Amendment — effective from 2009-08-18 to 10/07/2013
• Amendment — effective from 2007-09-26 to 08/18/2009
• Amendment — effective from 2006-03-08 to 09/26/2007
• Amendment — effective from 2006-03-05 to 03/08/2006
• Technical Revision — effective from 2005-01-17 to 03/05/2006
• Amendment — effective from 2005-01-17 to 01/17/2005
• Amendment — effective from 2004-08-05 to 01/17/2005
• Periodic Refile — effective from 2002-01-02 to 08/05/2004

650-RICR-20-00-4 Narrow River Special Area Management Plan

650-RICR-20-00-4 § 4.1 Authority

Pursuant to the federal Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 through 1466) and R.I. Gen. Laws Chapter 46-23 the Coastal Resources Management Council is authorized to develop and implement special area management plans.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-04-30 to 01/04/2022
• Amendment — effective from 2012-07-09 to 04/30/2018
• Amendment — effective from 2007-09-26 to 07/09/2012
• Amendment — effective from 2006-03-08 to 09/26/2007
• Amendment — effective from 2006-03-05 to 03/08/2006
• Technical Revision — effective from 2005-01-17 to 03/05/2006
• Amendment — effective from 2005-01-17 to 01/17/2005
• Amendment — effective from 2004-08-05 to 01/17/2005
• Periodic Refile — effective from 2002-01-02 to 08/05/2004

650-RICR-20-00-4 § 4.2 Purpose

A.The purpose of these rules is to establish the Narrow River Special Area Management Plan (SAMP) within the municipalities of Narragansett, North Kingstown, and South Kingstown to provide for the integration and coordination of the protection of natural resources, the promotion of reasonable coastal-dependent economic growth, and the improved protection of life and property.

B.The regulations herein constitute the RICR regulatory component of the Narrow River Special Area Management Plan (SAMP). For additional context and full understanding of this Part, please reference the additional chapters of the federally-approved Narrow River SAMP available on the CRMC web site (www.crmc.ri.gov) for further information, including all other federally-approved RICRMP plans. The additional chapters of the Narrow River SAMP provide the CRMC’s findings and policies that form the basis and purpose of this Part. The other chapters of the Narrow River SAMP should be employed in interpreting R.I. Gen. Laws § 46-23-1, et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-04-30 to 01/04/2022
• Amendment — effective from 2012-07-09 to 04/30/2018
• Amendment — effective from 2007-09-26 to 07/09/2012
• Amendment — effective from 2006-03-08 to 09/26/2007
• Amendment — effective from 2006-03-05 to 03/08/2006
• Technical Revision — effective from 2005-01-17 to 03/05/2006
• Amendment — effective from 2005-01-17 to 01/17/2005
• Amendment — effective from 2004-08-05 to 01/17/2005
• Periodic Refile — effective from 2002-01-02 to 08/05/2004

650-RICR-20-00-4 § 4.3 Definitions

A.Definitions for this Part are as follows:

1.“Cumulative effects” means the physical, biological, or chemical outcome of a series of actions or activities on the environment.

2.“Cumulative impacts” means the total effect on the environment of development activities and/or natural events taking place within a geographic area over a particular period of time. They are not restricted to on-site impacts, but may include off-site impacts which exist or are going to exist based on current land use planning. Cumulative impacts can result from traditionally unregulated changes in land and water uses. For example, actions such as incremental changes in the intensity of use of a site, post-development failure to maintain septic systems, or excessive use of fertilizers may have greater impact than the original regulated activity.

3."Erosion and sediment control" means the prevention, control, and management of soil loss due to wind and water, caused by alterations to vegetation and soil surfaces within the Narrow River watershed.

4.“Lands of critical concern” means lands that are presently undeveloped or developed at densities of one residential unit per 120,000 square feet. These lands may be adjacent to or include one or more of the following:

a.sensitive areas of the salt ponds that are particularly susceptible to eutrophication and bacterial contamination;

b.overlie wellhead protection zones or aquifer recharge areas for existing or potential water supply wells;

c.areas designated as historic/archaeologic sites;

d.open space;

e.areas where there is high erosion and runoff potential;

f.habitat for flora and fauna as identified through the RI Natural Heritage Program, large emergent wetland complexes, and U.S. Fish & Wildlife lands; and

g.fisheries habitat.

5.“Lands developed beyond carrying capacity” means lands that are developed at densities of one residential or commercial unit on parcels of less than 80,000 square feet, and frequently at higher densities of 10,000 square feet or 20,000 square feet. Intense development associated with Lands Developed Beyond Carrying Capacity is the result of poor land use planning and predates the formation of the Council. High nutrient loadings and contaminated runoff waters from dense development have resulted in a high incidence of polluted wells and increased evidence of eutrophic conditions and bacterial contamination in the salt ponds. Most of the OWTS in these areas predate RIDEM regulations pertaining to design and siting standards, and have exceeded their expected life span.

6.“Land suitable for development” means the net total acreage of the parcel, lot or tract remaining after exclusion of the areas containing, or on which occur the following protected resources: coastal features as defined within R.I. Gen. Laws Chapter 46-23 and in § 1.2.2 of this Subchapter; freshwater wetlands, as defined in § 1.1.2 of this Subchapter (see CRMC Rules and Regulations Governing the Protection and Management of Freshwater wetlands in the Vicinity of the Coast); and lands to be developed as streets and roads shall also be excluded from the calculated acreage of developable land.

7.“Nitrogen reducing technologies” means alternative wastewater treatment systems which reduce total nitrogen concentrations by at least 50%. Total nitrogen reduction is the annual mean difference by percentage between total nitrogen concentrations in the effluent of the septic or primary settling tank and the concentrations taken at the end of the treatment zone as defined by the specific technology.

8.“Narrow River watershed" means the environment within the surface watershed boundaries encompassing portions of the coastal communities of Narragansett, North Kingstown and South Kingstown, and as delineated on the land use classification maps in § 4.44 of this Part.

9.“Self-sustaining lands” means lands that are undeveloped or developed at a density of not more than one residential unit per 80,000 square feet. Within these areas, the nutrients discharged to groundwater by septic systems, fertilizers and other sources associated with residential activities may be sufficiently diluted to maintain on-site potable groundwater. However, the one residential unit per two acre standard is not considered sufficient to reduce groundwater nitrogen concentrations to levels which will prevent eutrophication, or mitigate for dense development in other portions of the watershed.

10.“Tributary” means any flowing body of water or watercourse which provides intermittent or perennial flow to tidal waters, coastal ponds, coastal wetlands or other down-gradient watercourses which eventually discharge to tidal waters, coastal ponds or coastal wetlands.

11.“Tributary wetlands” means freshwater wetlands within the watershed that are connected via a watercourse to a coastal wetland and/or tidal waters.

12.“Underground storage tank” or “UST” means any one or more underground tanks and their associated components, including piping, used to contain an accumulation of petroleum product or hazardous material.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-04-30 to 01/04/2022
• Amendment — effective from 2012-07-09 to 04/30/2018
• Amendment — effective from 2007-09-26 to 07/09/2012
• Amendment — effective from 2006-03-08 to 09/26/2007
• Amendment — effective from 2006-03-05 to 03/08/2006
• Technical Revision — effective from 2005-01-17 to 03/05/2006
• Amendment — effective from 2005-01-17 to 01/17/2005
• Amendment — effective from 2004-08-05 to 01/17/2005
• Periodic Refile — effective from 2002-01-02 to 08/05/2004

650-RICR-20-00-4 § 4.4 Procedures

A.The Rhode Island Coastal Resources Management Program

1.The Rhode Island Coastal Resources Management Program Red Book; Part 1 of this Subchapter) should be referred to for specific regulatory requirements on buffers, setbacks, subdivisions, recreational docks, barrier beach development, beach replenishment and any other activities which occur within the Narrow River SAMP.

B.Application Process

1.The RICRMP has three categories of applications: Category A, B and A*:

a.Category A activities are routine matters and activities of construction and maintenance work that do not require review of the full Council if four criteria are met: buffer zone compliance, abutter agreement, and proper state and local certifications.

b.Category A* applications are put out to public notice for the benefit of the abutters to the affected property and local and state officials.

c.Category B applications are reviewed by the full Council and the applicant must prepare in writing an environmental assessment of the proposal that addresses all of the items listed in § 1.3.1(A) of this Subchapter and any additional requirements for Category B applications listed for the activity in question.

2.A Category A review may be permitted for A* activities provided that the Executive Director of CRMC determines that all criteria within § 1.1.6(E) of this Subchapter and the relevant SAMP requirements and prerequisites are met. The proposed activity shall not significantly conflict with the existing uses and activities and must be considered to be a minor alteration with respect to potential impacts to the waterway, coastal feature, and areas within RICRMP jurisdiction.

3.The following activities which occur within the Narrow River SAMP require a CRMC assent (application approval).

a.Activities within 200 feet of a coastal feature. (Category A, A*, B)

b.Watershed Activities (specific activities taking place within the SAMP watershed).

(1)New subdivisions of 6 units or more, or re-subdivision for a sum total of 6 units or more on the property proposed after March 11, 1990 irrespective of ownership of the property or the length of time between when units are proposed. (Category B)

(2)Development requiring or creating more than 40,000 square feet of total impervious surface. (Category A*/B)

(3)Construction or extension of municipal, private residential hook-ups to existing lines, or industrial sewage facilities, conduits, or interceptors (excluding onsite wastewater treatment systems outside the 200' zone). Any activity or facility which generates or is designed, installed, or operated as a single unit to treat more than 2,000 gallons per day, or any combination of systems owned or controlled by a common owner and having a total design capacity of 2,000 gallons per day. (Category A*/B)

(4)Water distribution systems and supply line extensions (excluding private residential hook-ups to existing lines). (Category A*/B)

(5)All roadway construction and upgrading projects. (Category A*/B)

(6)Development affecting freshwater wetlands in the vicinity of the coast. (Category A/B)

4.For projects involving the following, refer to § 1.3.3 of this Subchapter for the appropriate category.

a.Construction or extension of public or privately owned sanitary landfills.

b.New mineral or aggregate (sand/gravel) mining.

c.Processing, transfer, or storage of chemical and hazardous materials.

d.Electrical generating facilities of more than 40 megawatts capacity.

e.All commercial in-ground petroleum storage tanks of more than 2,400 barrels capacity, all petroleum processing and transfer facilities [residential prohibited].

f.Proposed new or enlarged discharges (velocity and/or volume) to tributaries, tidal waters, or 200' shoreline feature contiguous area.

g.Solid waste disposal.

h.Desalination plants.

5.In addition to the activities listed above, if the Council determines that there is a reasonable probability that the project may impact coastal resources or a conflict with the SAMP or RICRMP, a Council Assent will be required in accordance with all applicable sections of this program.

6.All applicants shall follow applicable requirements as contained in the RICRMP, including any specific requirements listed under water types in § 1.2.1 of this Subchapter, additional Category B requirements in § 1.3.1 of this Subchapter, the requirements and prerequisites in § 1.3.3 of this Subchapter for Inland Activities, and any regulations in this SAMP chapter.

7.Applicants proposing the above listed activities are required to submit the following with their applications:

a.A stormwater management plan prepared in accordance with § 1.3.1(F) of this Subchapter and as described in the most recent version of the Department of Environmental Management “Stormwater Design and Installation Manual”;

b.An erosion and sediment control plan (ESCP) prepared in accordance with the standards contained in § 1.3.1(B) of this Subchapter; and

c.An existing conditions site map and a proposed final site map as required in § 1.3.3 of this Subchapter and as specified in the section for site plan requirements in the Department of Environmental Management “Stormwater Design and Installation Manual”.

8.Preliminary determinations (PD) may be filed for any project by the municipality or the applicant. Preliminary determinations provide advice as to the required steps in the approval process, and the pertinent ordinances, regulations, rules, procedures and standards which may be applied to the proposed development project. Any findings and recommendations resulting from this preliminary review shall be utilized if the applicant returns to file a full assent request for the project, and will be forwarded to the Council as part of the staff reports for major development plans. Applicants for Category B activities within the SAMP watershed are required to utilize the Council's Preliminary Determination process in accordance with applicable requirements of the Land Development and Subdivision Review Enabling Act (R.I. Gen. Laws § 45-23-25 et seq.). Where the Council finds there is a potential to damage the coastal environment, the Council will require that suitable modification to the proposal be made.

C.Variances and special exceptions are granted by the Council under §§ 1.1.7 and 1.1.8 of this Subchapter, respectively.

1.Applicants desiring a variance from a standard must make the request in writing and address the six criteria as specified in § 1.1.7 of this Subchapter. The application is only granted an assent if the Council finds that the six criteria are met.

2.Special exceptions may be granted to prohibited activities to permit alterations and activities that do not conform to a Council goal for the areas affected or which would otherwise be prohibited by the requirements of the RICRMP only when the applicant has met the burdens of proof in § 1.1.8 of this Subchapter.

D.Coordinated Review with Municipalities

1.Under the Subdivision Review Act, one or more pre-application meetings shall be held for all major land developments or subdivision applications (Land Development and Subdivision Review Enabling Act, R.I. Gen. Laws § 45-23-25 et seq.). Pre-application meetings may be held when a preliminary determination is filed with the CRMC, or informally when the municipality requests information from CRMC. All major land development projects as defined under the act and residential subdivisions of 6 units or more shall be considered major land development plans and should file a preliminary determination request with CRMC. The purpose of these meetings is to:

a.Identify and discuss major conflicts and possible design alterations or modifications to obviate conflicts.

b.Discuss the likely onsite impacts of alternatives or modifications and on the ecosystem as a whole.

c.Ensure that there is consensus among the regulatory agencies on any changes, and that conflicts with permit requirements do not arise.

E.Federal Consistency

1.Activities involving a direct or indirect federal activity (includes activities that require a federal permit, such as an Army Corps of Engineers Permit) also require Council review in accordance with the federal consistency process contained in16 U.S.C. § 1456 (Coastal Zone Management Act). The Council has developed a handbook to assist those subject to federal consistency review. Persons proposing an activity involving a direct or indirect federal activity are referred to the most recent version of this handbook. See: http://www.crmc.ri.gov/regulations/Fed_Consistency.pdf.

F.Coastal Nonpoint Pollution Control Program

1.Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. § 1455(b)) requires each coastal state with a federally approved coastal management program to develop and submit a Coastal Nonpoint Pollution Control Program (CNPCP) to the EPA and the National Oceanic and Atmospheric Administration (NOAA) by July 1995. Rhode Island’s CNPCP, developed by the RIDEM, the Department of Administration and the CRMC, applies to four general land use activities: agriculture, urban (new development, septic systems, roads, bridges, highways, etc.), marinas, and hydro-modifications. There are also management measures to protect wetlands and riparian areas, and to promote the use of vegetative treatment systems.

4.4.1Municipal Responsibility

A.The town officials and administration involved in construction, approval of construction and/or regulations regarding the zoning, density, and build-out of development are the municipal arm of this SAMP.

1.Local authorities are responsible for applying the regulations and land use policies to ensure proper application of this plan. Towns should exercise particular consideration of subdivisions because of the potential impacts from stormwater, sewage disposal, infrastructure demands, and decreased open space.

2.The CRMC evaluates projects that fall under this plan as referenced earlier, even if development is not completed all at once. A developer still falls under the CRMC major subdivision review conditions upon additional construction. Stormwater concerns, sewage disposal concerns, buffers, etc. may be difficult to accommodate with the addition of new lots. Therefore it is important for municipalities to apply SAMP regulations to initial development of a subdivision.

4.4.2Water Quality Policies

A.The evidence presented in Chapter 3 Water Quality indicates that water quality continues to be degraded in the Narrow River due to existing residential sources of nitrogen and bacteria. Although research conducted at the University of Rhode Island suggests a correlation between housing density and the symptoms of eutrophication in the salt ponds (Part 3 of this Subchapter), there is no clear nitrogen loading threshold which CRMC can apply to each individual activity and development. Accordingly, CRMC addresses nitrogen loading through conservative land use regulations and nitrogen reducing technologies.

B.The installation and operation of nitrogen removal systems is permissible under Department of Environmental Management “Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems”. CRMC requires nitrogen removal systems as noted in Table 1 in §§ 4.4.2(E) and in 4.4.3 of this Part.

C.In addition to the impacts of nitrogen, other nonpoint sources of pollution like sediment from erosion and road runoff, petroleum hydrocarbons from vessel engines and road salts are also a concern. As impervious areas increase within the Narrow River these pollutants have a greater potential to reach coastal waters.

D.Table 1 in § 4.4.2(E) of this Part summarizes the land use classification system with the requirements for nitrogen reducing technologies, buffer zone and setbacks. The CRMC land use classification system which regulates land use densities and other activities in the SAMP region follow in § 4.4.4 of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-04-30 to 01/04/2022
• Amendment — effective from 2012-07-09 to 04/30/2018
• Amendment — effective from 2007-09-26 to 07/09/2012
• Amendment — effective from 2006-03-08 to 09/26/2007
• Amendment — effective from 2006-03-05 to 03/08/2006
• Technical Revision — effective from 2005-01-17 to 03/05/2006
• Amendment — effective from 2005-01-17 to 01/17/2005
• Amendment — effective from 2004-08-05 to 01/17/2005
• Periodic Refile — effective from 2002-01-02 to 08/05/2004

650-RICR-20-00-6 Rhode Island Coastal Resources Management Program - Greenwich Bay SAMP

650-RICR-20-00-6 § 6.1 Authority

Pursuant to the federal Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 through 1466) and R.I. Gen. Laws Chapter 46-23 the Coastal Resources Management Council is authorized to develop and implement special area management plans.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-15 to 01/04/2022
• Technical Revision — effective from 2008-11-11 to 07/15/2018
• Amendment — effective from 2008-11-11 to 11/11/2008
• Amendment — effective from 2008-05-13 to 11/11/2008
• Technical Revision — effective from 2007-06-07 to 05/13/2008
• Adoption — effective from 2005-09-05 to 06/07/2007

650-RICR-20-00-6 § 6.2 Purpose

A.The purpose of these rules is to establish the Greenwich Bay Special Area Management Plan (SAMP) within the 21-square-mile suburban watershed comprising the communities of Warwick, East Greenwich, and, to a smaller degree, West Warwick for the integration and coordination of the protection of natural resources, the promotion of reasonable coastal-dependent economic growth, and the improved protection of life and property. See Figure 1 in § 6.2(C) of this Part.

B.The regulations herein constitute the RICR regulatory component of the Greenwich Bay Special Area Management Plan (SAMP). For additional context and full understanding of this Part, please reference the additional chapters of the federally-approved Greenwich Bay SAMP available on the CRMC web site (www.crmc.ri.gov) for further information, including all other federally-approved RICRMP plans. The additional chapters of the Greenwich Bay SAMP provide the CRMC’s findings and policies that form the basis and purpose of this Part. The other chapters of the Greenwich Bay SAMP should be employed in interpreting R.I. Gen. Laws § 46-23-1, et seq.

C.Figure 1: Map of Greenwich Bay watershed.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-15 to 01/04/2022
• Technical Revision — effective from 2008-11-11 to 07/15/2018
• Amendment — effective from 2008-11-11 to 11/11/2008
• Amendment — effective from 2008-05-13 to 11/11/2008
• Technical Revision — effective from 2007-06-07 to 05/13/2008
• Adoption — effective from 2005-09-05 to 06/07/2007

650-RICR-20-00-6 § 6.3 Definitions

A.Definitions for this Part are as follows:

1.“Coastal buffer zone” means a land area adjacent to a shoreline (coastal) feature, tributary to Greenwich Bay, or freshwater wetland in the Greenwich Bay watershed that is, or will be, vegetated with native shoreline species and which acts as a natural transition zone between the coastal and riparian areas and adjacent upland development. A coastal buffer zone differs from a construction setback (see § 1.1.9 of this Subchapter) in that the setback establishes a minimum distance between a shoreline feature and construction activities, while a buffer zone establishes a natural area adjacent to a shoreline feature that must be retained in, or restored to, a natural vegetative condition. The coastal buffer zone is generally contained within the established construction setback.

2.“Critical areas” means Mary’s Creek and Baker’s Creek in the Greenwich Bay coastal zone. Mary’s Creek is a coastal wetland complex feeding one of the most productive quahog grounds in Greenwich Bay. Baker’s Creek is a coastal wetland complex that provides valuable habitat for migratory birds. Gorton Pond’s shoreline provides habitat for at least three regionally rare plant species.

3.“Land trust” means an organization incorporated pursuant to R.I. Gen. Laws § 7-6-1, et seq., or organizations meeting the definition of “charitable trust” set out in R.I. Gen. Laws § 18-9-4, or organizations duly existing as private nonprofit organizations in other states or the District of Columbia among whose purposes is the preservation of open space, as the term is defined in the SAMP. Further, all organizations must have been granted preliminary status as tax-exempt corporations under the Internal Revenue Code, 26 USC § 501(c)(3) and its regulations, as they now exist or may hereafter be amended.

4.“Native vegetated area” means a previously landscaped area or lawn adjacent to a shoreline (coastal) feature, tributary to Greenwich Bay, or freshwater wetland in the Greenwich Bay watershed where native coastal or riparian species have been restored voluntarily.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-15 to 01/04/2022
• Technical Revision — effective from 2008-11-11 to 07/15/2018
• Amendment — effective from 2008-11-11 to 11/11/2008
• Amendment — effective from 2008-05-13 to 11/11/2008
• Technical Revision — effective from 2007-06-07 to 05/13/2008
• Adoption — effective from 2005-09-05 to 06/07/2007

650-RICR-20-00-6 § 6.4 Regulations (formerly Chapter 9)

The Rhode Island Coastal Resources Management Program (RICRMP) should be referred to for specific regulatory requirements on any activities that occur within the Greenwich Bay watershed. All applicants shall follow applicable requirements as contained in the Red Book, Part 1 of this Subchapter, including and specific requirements listed under water types in § 1.2 of this Subchapter and additional Category B requirements in § 1.3.1(A) of this Subchapter, the requirements and prerequisites in § 1.3.3 of this Subchapter for Inland Activities and § 1.3.6 of this Subchapter for Public Access, and any regulations in this Part.

6.4.1Coastal Buffer Zones (formerly § 910)

A.Policies (formerly § 910.2)

1.CRMC will update and develop standards for coastal buffer zone management specifically within suburban areas. Once completed, the CRMC will amend the Special Area Management Plan to adopt the new standards.

2.The CRMC recognizes that there are many properties along shorelines, tributaries, and freshwater and coastal wetlands in the Greenwich Bay watershed that do not have established vegetated buffers. Therefore, the CRMC encourages the planting on these lots of native plant communities to enhance wildlife habitat and improve water quality.

3.It is the CRMC’s policy to develop conservation easements for the Greenwich Bay watershed that permanently restrict development, such as docks, in coastal buffers.

4.The CRMC recognizes the proven benefits of using low impact development (LID) techniques such as rain gardens, biofiltration, pervious pavers, and other infiltration methods on individual lots to treat stormwater runoff and improve the quality of water entering Greenwich Bay and its tributaries.

B.Prohibitions (formerly § 910.3)

1.New commercial or residential structures are prohibited on lots abutting critical areas unless they can meet the required standards below.

2.Alterations to existing commercial or residential structures that result in the expansion of the structural lot coverage such that the square footage of the foundation increases by 50 percent or more are prohibited on lots abutting critical areas (defined in § 6.3(A)(2) of this Part) unless they can meet the required standards below.

3.No land shall be subdivided to create a new buildable lot or lots unless said buildable lot(s) can meet the required coastal buffer zone that would be based on the area of the newly created lot(s). For purposes of this section, the term “buildable lot” shall be as defined in the Warwick Development Review Regulations presently codified in Article 10.7.

C.Standards (formerly § 910.4)

1.Applicants for new construction or alterations to existing commercial and residential structures that trigger coastal buffer requirements and that are adjacent to critical areas must meet one of the following:

a.Applicants must meet the full required coastal buffer zone. No variances to the buffer width is permissible under this option, however, buffer zone management, view corridors, and recreational structures as provided under § 1.1.11 of this Subchapter may be permitted; or

b.Applicants may seek a variance to the required coastal buffer zone up to fifty (50) percent provided the applicant:

(1)meets the variance criteria;

(2)designs and constructs the project exclusively with approved low impact development (LID) methods in accordance with Table 1 of this Part;

(3)provides a conservation easement to the CRMC for the buffer area and any adjacent coastal shoreline feature within the property boundary; and

(4)will meet the local coastal setback requirement (See Warwick Zoning Ordinance Section 503.1) or has received a variance from said requirement.

Table 1: Lots adjacent to critical areas and coastal wetlands

Trigger / Threshold

Requirement (Option 1)

Option 2 / Variance Requirement

= 50% increase in structural lot coverage (as defined in RICRMP section 300.3); or new construction

Buffer Zone (Table 2a, RICRMP Section 150)

1. Buffer zone and coastal shoreline feature conservation easement granted to CRMC

2. Manage first 1.0" runoff from all impervious cover using LID

3. 50% of required buffer zone. In no case shall a buffer be less than 15ft.

2.All coastal buffer zones shall be measured from the inland edge of the most inland shoreline (coastal) feature. In instances when the coastal feature accounts for 50 percent or more of the lot, CRMC may grant a variance to the required buffer width.

3.Coastal buffer zone requirements for new residential development. The minimum coastal buffer zone requirements for new residential development bordering Rhode Island’s shoreline are contained in § 1.1.11 of this Subchapter. The Coastal Buffer Zone requirements are based upon the size of the lot and the CRMC's designated Water Types (Type 1 - Type 6). Where the buffer zone requirements noted above cannot be met, the applicant may request a variance in accordance with this SAMP. A variance to 50 percent of the required buffer width may be granted administratively by CRMC’s executive director if the applicant has satisfied the burdens of proof for the granting of a variance. Where it is determined that the applicant has not satisfied the burdens of proof, or the requested variance is in excess of 50 percent of the required width, the application shall be reviewed by the full council.

4.Coastal buffer zone requirements for alterations to existing structures on residential lots. All calculations for the requirements of a coastal buffer zone shall be made on the basis of structural lot coverage as specified in §§ 1.1.11 and 1.3.1(C) of this Subchapter.

D.Variances (formerly § 910.5)

1.Applicants desiring a variance from the coastal buffer zone standards shall make such request in writing and address all requirements of § 1.1.7 of this Subchapter.

6.4.2Shoreline Features (formerly § 920)

A.Policy

1.CRMC supports local efforts to adopt wetlands, streams, and shorelines by providing technical and permitting assistance when needed.

B.Coastal beaches (formerly § 920.1)

1.Policy

a.It is CRMC’s policy to protect horseshoe crab spawning areas. Beaches along Potowomut Neck from Sandy Point to Beachwood Drive, the northern shore of Chepiwanoxet Point, the southern shore of Buttonwoods Cove from the cove entrance to Ode Court and at Warwick City Park are recognized as horseshoe crab spawning areas.

2.Prohibitions

a.Shoreline structures and activities that directly disturb horseshoe crab spawning or contribute to beach erosion along horseshoe crab spawning areas are prohibited.

3.Requirements

a.Applicants for shoreline structure construction and maintenance and beach nourishment in the vicinity of horseshoe crab spawning areas shall limit activities during the months of May through July that may impact spawning.

C.Coastal wetlands (formerly § 920.2)

1.Policies

a.CRMC supports wetland restoration programs in salt marshes and contiguous freshwater or brackish wetlands adjacent to coastal waters if significant degradation of wetland functions and values can be demonstrated.

b.CRMC shall pursue restoration efforts or support efforts of Warwick or nongovernment organizations to restore tidal wetland areas identified by the SAMP or the State Habitat Restoration Plan. These efforts will help achieve the Governor’s Narragansett Bay and Watershed Planning Commission goal of restoring 100 acres of coastal wetland by 2008.

6.4.3Areas of Historic and Archaeological Significance (formerly § 930)

A.Policies (formerly § 930.1)

1.Preserve cultural, historical and archeological resources of the Greenwich Bay watershed.

2.Educate the public about the value of cultural, historical, and archeological resources of the Greenwich Bay watershed.

3.Conduct research to assist with the identification and preservation of cultural, historical and archeological resources of the Greenwich Bay watershed.

B.Standards (formerly § 930.2)

1.Applications for major activities within the Greenwich Bay watershed shall be forwarded to RIHPHC for review and comment as part of the standard CRMC regulatory process.

2.Applicants for activities proposed along the Greenwich Bay shoreline will have to perform archeological investigations when required by RIHPHC. Though other areas may exist and RIHPHC reserves the right to require additional information and potential studies, these areas are identified to give applicants a sound idea of areas of concern.

3.CRMC will await the response of RIHPHC prior to completion of its own staff review and subsequent council decision. Unless a variance is granted, CRMC will incorporate the RIHPHC guidance into its regulatory decision-making and permit stipulations. Applicants are encouraged to contact RIHPHC prior to filing with CRMC in order to expedite permitting.

4.Where possible, those sites identified by RIHPHC as having potential historical or archeological significance will be incorporated into the buffer zone by extending the boundary of the buffer where appropriate.

5.The state and municipalities will ensure that cultural, historical, and archeological assets are not compromised by runoff.

6.4.4In Tidal and Coastal Pond Waters, on Shoreline Features and Their Contiguous Areas (formerly § 940)

A.Residential, commercial, industrial, and public recreational structures (formerly § 940.1)

1.Policy

a.The CRMC will identify and grandfather existing commercial fishing docks in Greenwich Bay that have been in existence since 2000. Grandfather permits will be issued to those facilities provided at least 75% of the boats in the facility are used by commercial fishermen. Commercial fishing boats are those vessels used by RI licensed fisherman and that have the requisite DEM commercial license decal affixed to the boats. Once the facility falls below the 75% commercial fishing boat occupancy level, the CRMC permit will be revoked. For purposes of this section, commercial fishing docks are those facilities that have been in existence since 2000 and in which the majority of vessels berthed there at are commercial fishing boats.

b.It is the CRMC policy to provide for the continued viability of the commercial shellfish and finfish industry within Greenwich Bay, and accordingly will authorize preexisting commercial fishing docks provided they meet the criteria here in and submit an application to the CRMC within one (1) year from the date of adoption of these regulations. Afterwards, enforcement action will proceed.

2.Standards

a.Applicants for commercial fishing docks that meet the criteria in § 6.4.4(A)(1) of this Part must submit an application to the CRMC to include a site plan prepared by a Rhode Island registered professional engineer or professional land surveyor. The site plan must delineate a marina perimeter limit (MPL) with state plane coordinates (NAD 83) at each corner of the MPL.

b.In addition to the site plan, the application must include the following information:

(1)Proof of upland ownership and a lease agreement (if applicable) with land owner;

(2)List of abutting property owners;

(3)Description of the facility including all in-water and upland structures on the lot; and

(4)Total boat count at the facility including the number of commercial fishing boats.

c.CRMC approved commercial fishing docks may be subject to other state and federal permits. It is the applicant’s responsibility to obtain any other applicable permits.

d.The percentage of commercial fishing boats at any authorized dock must remain at or above 75% of the total boat count at the dock, otherwise the CRMC Executive Director may revoke the assent. Commercial fishing boats are those vessels used by RI licensed fisherman and that have the requisite DEM commercial license decal affixed to the boats.

e.When a commercial fishing dock assent is revoked it must be removed. Alternatively, the landowner can submit an application within sixty (60) days of CRMC notice and must meet all requirements pursuant to § 1.3.1(D) of this Subchapter.

f.Commercial fishing docks subject to these grandfather provisions do not meet provisions of § 1.3.1(D) of this Subchapter and are, therefore, considered temporary structures. Accordingly, provisions for removal or securing these commercial docks shall be made when a hurricane is predicted to impact the area within 48 hours.

B.Recreational boating facilities (formerly § 940.2)

1.Policy

a.A person is considered to be living aboard their boat if they inhabit their boat while berthed or moored on Greenwich Bay for six or more months of any given 12-month period.

2.Prohibitions

a.The discharge of sewage, whether treated or untreated, from boats into tidal waters is prohibited.

b.Boats with people living aboard are prohibited from mooring or berthing in all tidal waters in Greenwich Bay unless they are within the boundaries of a marina that provides pumpout capability directly to boats. The boat shall be tied into the pumpout system at all times while it is moored or berthed.

3.Standards

a.All new or expanding marina facilities in Greenwich Bay shall provide marine pumpout capability in each slip that can accommodate a boat larger than 40 feet. All marinas should have pumpout capability in each slip that can accommodate a boat larger than 40 feet by 2014.

b.Marina pumpout facilities shall be placed in a convenient location for boaters to maximize the pumpout facility’s use, such as at a fuel dock.

C.Treatment of sewage and stormwater (formerly § 940.3)

1.Policy

a.It is CRMC policy to require sewer tie-ins to available sanitary sewer lines in the Greenwich Bay watershed. Inadequately treated wastewater from OWTS contributes to water-quality impairments in Greenwich Bay. It is important that these sources be mitigated through planned sewer extensions and mandatory tie-ins to new and existing sewers.

2.Prerequisites

a.Applications to construct or alter a WWTF or to construct, alter, or extend sanitary sewer lines in the Greenwich Bay watershed shall include a plan for mandatory sewer tie-ins in residential and commercial developments.

3.Prohibitions

a.The installation or replacement of existing ISDS is prohibited in areas where sanitary sewers are available in the Greenwich Bay watershed. Properties shall be tied in to the available sanitary sewers in these instances.

b.New expanded development shall not be allowed where sanitary sewers are available unless the property is tied in to the sewer system.

4.Standards

a.Mandatory sewer tie-in plans shall at least include location maps, draft ordinance language, enforcement provisions, and implementation schedules that will be used to create a mandatory sewer tie-in program.

b.Sewer tie-in plans shall include measures that make sewer tie-ins mandatory on land parcels that abut the portion of street or highway with a sewer line or within any new subdivisions that abut the sewer easement.

c.The mandatory sewer tie-in program shall be implemented and sewer tie-ins begin to be required within one year after completing WWTF improvements and sewer extensions for the areas within the Greenwich Bay watershed that currently have sewers and any new sewer extensions.

D.Dredging and dredged material disposal (formerly § 940.4)

1.Policy

a.It is CRMC policy to facilitate public and private dredging needs while providing appropriate protection to shellfish, finfish, and other natural resources in Greenwich Bay and its coves.

2.Standards

a.Prior to any improvement dredging project, applicants shall be required to remove any significant shellfish in the sediments and transplant the shellfish to a RIDEM/CRMC–approved site. Appropriate sites include spawner sanctuaries, quahog resource preserves, or sites deemed appropriate by the RIDEM Division of Fish and Wildlife and CRMC.

b.Prior to any maintenance dredging project, applicants shall be required to make the proposed dredging area available for RIDEM, CRMC, or other groups, such as the Rhode Island Shellfishermen’s Association, to remove any significant shellfish present in the sediments and transplant them to a RIDEM/CRMC–approved site. Appropriate sites include spawner sanctuaries, quahog resource preserves, or sites deemed appropriate by the RIDEM Division of Fish and Wildlife and CRMC.

E.Submerged aquatic vegetation and aquatic habitats of particular concern (formerly § 940.5)

1.Policy

a.The following areas are designated as quahog resource preserves:

(1)Mary’s Creek and the area delineated by the northern and southern edge of the Mary’s Creek salt marsh due east to the federal navigation channel.

(2)The area delineated by the shoreline and lines from Long Point westerly and coincident with Type 5 waters and the southernmost point of Chepiwanoxet Point due south to Long Point.

2.Prohibitions

a.New structures and facilities are prohibited within quahog resource preserves.

6.4.5Protection & Enhancement of Public Access to the Shore (formerly § 950)

A.Policy (formerly § 950.1)

1.It is CRMC policy to fully utilize § 1.3.6 of this Subchapter to continue to protect and provide for new public access sites as part of the ongoing permit process. CRMC shall ensure that all permitted activities maintain public access at CRMC-designated ROWs to Greenwich Bay and its coves. Where appropriate, CRMC shall require applicants to provide access of a similar type and level to that which is being impacted as the result of a proposed activity or development project.

2.It is CRMC policy that marinas, prior to seeking expansions, exhaust all options for making full use of existing in-water footprints.

3.It is CRMC policy to work cooperatively with RISAA, Warwick, East Greenwich, and nongovernment organizations to identify and adopt CRMC-designated ROWs on Greenwich Bay and its coves as part of the Adopt-A-ROW Program. The Adopt-A-ROW Program encourages citizen involvement with the cleanup and maintenance of public ROWs.

4.It is CRMC policy to work with the municipalities to identify and designate additional public ROWs listed in their harbor management plans. The municipalities and CRMC shall prioritize ROWs in areas with more limited access, such as Apponaug Cove, Warwick Neck, and the western and northern shore of Greenwich Bay. CRMC designation provides added enforcement, protection against encroachment, and limited liability protection for private landowners.

5.It is CRMC policy to encourage marinas along Greenwich Bay and its coves to voluntarily include provisions for public access in their permits. Marinas receive limited liability protection under state law if public access is stipulated in their CRMC permits (R.I. Gen. Laws § 32-6-5).

6.CRMC recognizes that, due to public safety, security, or environmental considerations, certain sites may not be appropriate for development of facilities that encourage physical access to the shoreline. It is CRMC’s policy to consider these issues during its ROW designation process. In the Greenwich Bay watershed, areas not appropriate for facilities that encourage physical access include, but are not limited to, salt and brackish marshes, such as Mary’s and Baker’s creeks and upper Brush Neck Cove; barrier beaches; and shallow silty waters.

7.It is CRMC policy to provide Warwick and East Greenwich with signs for posting at CRMC-designated ROWs. CRMC shall provide signs as needed at the request of the municipalities.

8.It is CRMC policy, in cooperation with Warwick and East Greenwich, to educate residents about their rights in respect to accessing the shore. Education shall include posting and maintaining a list of CRMC-designated ROWs at East Greenwich Town Hall and Warwick City Hall. In addition, CRMC recommends that citizens who wish to be involved in preserving public access:

a.Clean up public access sites and beaches

b.Participate in Adopt-A-Spot programs

c.Participate in local harbor management processes

d.Gather information necessary to designate public ROWs

e.Report the unlawful blockage of any public ROW to CRMC and/or to local officials

B.Prohibitions (formerly § 950.2)

1.CRMC prohibits Warwick and East Greenwich from abandoning CRMC-designated ROWs along Greenwich Bay and its coves by unless new equivalent access is provided.

C.Standards (formerly § 950.3)

1.In cases where a CRMC-designated ROW exists on or adjacent to a land parcel where new structures are being proposed, applicants will survey their property line adjacent to the ROW. Any infringement on the ROW by the proposed activity will be eliminated.

2.Residential docks along Greenwich Bay and its coves should maintain reasonable access along the shoreline by providing access over the dock or at least a 5-foot clearance (above mean high water) under some portion of the dock.

6.4.6Natural Hazard Mitigation (formerly § 960)

A.Policies (formerly § 960.1)

1.Reconstruction after storms

a.When catastrophic storms, flooding, and/or erosion occur at a site under CRMC jurisdiction, and there is an immediate threat to public health and safety or immediate and significant adverse environmental impacts, the executive director may grant an emergency assent under Section 180 of the RICRMP.

b.A CRMC assent is required of all persons proposing to rebuild shoreline structures that have been damaged by storms, waves, or other natural coastal processes in the Greenwich Bay watershed. When damage to an individual structure is greater than 50 percent of the total square footage of that structure, post-storm reconstruction shall follow all standards and policies for new development in the area in which it is located.

c.Setback requirements from RICRMP Section 140 shall be applied.

d.All construction within FEMA flood zones must follow the required construction standards for the flood zone in which the structure is located. Municipal officials need to certify that these standards are correct and present on any application for activity submitted to CRMC.

(1)Construction in coastal high hazard flood zones (V zones) as defined by federal flood insurance rate maps, shall follow the regulations as listed in § 1.3.1(C) of this Subchapter, as amended.

(2)Construction in areas of coastal stillwater flood hazards (A zones), as defined by flood insurance rate maps, shall follow the regulations listed in § 1.3.1(C) of this Subchapter, as amended.

e.A CRMC maintenance assent is required to repair structures where less than 50 percent of the total square footage of the structure has been destroyed by storms, waves, or natural processes.

f.CRMC encourages post-storm reconstruction applicants to increase setbacks further from the coastal feature than the previous development without expanding the footprint.

2.Marinas that are expanding or replacing piers or docks shall meet the new construction requirements for marinas.

3.When concentrated losses occur, CRMC may issue special 30-day permits to marinas and other marine operators for removing debris such as sunken or burning vessels and materials on wetlands, in the coves, and in Greenwich Bay.

4.Wetlands and coastal buffers, which are significant in shielding flood-prone areas from storm damage, shall be considered priorities for preservation.

B.Prohibitions (formerly § 960.2)

1.Filling, removing or grading is prohibited on beaches, dunes, undeveloped barrier beaches, coastal wetlands, cliffs and banks, and rocky shores adjacent to Type 1 and Type 2 waters, including in the Greenwich Bay watershed, unless the primary purpose of the alteration is to preserve or enhance the area as a natural habitat for native plants and wildlife or for beach replenishment.

2.Post-storm reconstruction is prohibited from occurring within the setback area of V flood zones when damage to an individual structure is greater than 50 percent of the total square footage of that structure.

C.Standards (formerly § 960.3)

1.A significant amount of construction within Rhode Island’s coastal zone has the potential to fall within a FEMA-designated flood zone. The approximate limits of the flood zones and the associated base flood elevations are shown on FEMA’s Flood Insurance Rate Maps, which are commonly available at municipal building departments. CRMC requires all applicants proposing construction within flood hazard zones to demonstrate that applicable portions of the R.I. State Building Code, which contains requirements for flood zone construction, are addressed.

2.When considering applications for the construction of residential, commercial, industrial, and recreational structures, including utilities such as gas, water, and sewer lines, in high hazard areas, these actions should be consistent with state policies as contained in the hazard mitigation plan element of the state guide plan (CRMC, 1997).

3.Piling standards need to be adapted to accommodate the 100-year flood rule to protect boats and coastal assets.

4.Marinas are required to update facilities to the current design and building standards when they apply for significant expansions of 25% or more.

6.4.7Pest Management and Fertilizer Use on Golf Courses and Public Properties (formerly § 970)

A.Policy (formerly § 970.1)

1.It is CRMC policy with the assistance of the Natural Resources Conservation Service (NRCS) and URI-CE to require municipal and state programs to use integrated pest management (IPM) or less-toxic pesticides and watershed-friendly fertilizers, such as controlled-release fertilizers, in public parks, along highways, and on other public properties within 200 feet of a shoreline (coastal) feature.

2.It is CRMC policy to work cooperatively with the four golf courses in the Greenwich Bay watershed to help them achieve a Green Golf Course designation. CRMC in cooperation with URI-CE will work with golf course superintendents to help their courses meet standards and certify those courses as Green Golf Courses.

B.Standards (formerly § 970.2)

1.A Green Golf Course should:

a.Maintain at least 0.25-inch height cut on greens

b.Plant velvet bentgrass on greens

c.Use IPM or other alternative practices to pesticides

d.Use controlled-release fertilizers

e.Install the most current irrigation technology

f.Educate members and golfers on the benefits of green golf course practices

6.4.8Technical Assistance (formerly § 980)

A.Policy (formerly § 980.1)

1.It is CRMC policy to provide technical assistance to nongovernment organizations disseminating public education and outreach materials on the contributions pet and wildlife wastes make to bacterial contamination in Greenwich Bay, including problems with bird feeding along the Greenwich Bay shoreline and tributaries.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-15 to 01/04/2022
• Technical Revision — effective from 2008-11-11 to 07/15/2018
• Amendment — effective from 2008-11-11 to 11/11/2008
• Amendment — effective from 2008-05-13 to 11/11/2008
• Technical Revision — effective from 2007-06-07 to 05/13/2008
• Adoption — effective from 2005-09-05 to 06/07/2007

Subchapter 05 Ocean Special Area Management Plan

650-RICR-20-05-2 RICRMP: Ocean SAMP - Chapter 2 - Ecology

650-RICR-20-05-2 § 2.1 Authority

A.As authorized by the federal Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 through 1466) and R.I. Gen. Laws Chapter 46-23 the Coastal Resources Management Council may implement special area management plans.

B.The regulations herein constitute a RICR regulatory component of the Ocean Special Area Management Plan (SAMP) Chapter 2 - Ecology of the Ocean SAMP Region, and must be read in conjunction with the other RICR regulatory components and chapters of the Ocean SAMP for the full context and understanding of the CRMC’s findings and policies that form the basis and purpose of these regulations. The other RICR regulatory components and chapters of the Ocean SAMP should be employed in interpreting the regulations herein and R.I. Gen. Laws § 46-23-1, et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-2 § 2.2 Purpose

The purpose of these rules is to carry out the responsibilities of the Coastal Resources Management Council in establishing the Ocean Special Area Management Plan (SAMP) for the offshore waters (beyond 3 nautical mile state water boundary) within the geographic location description (GLD) and to provide the regulatory framework for promoting a balanced and comprehensive ecosystem-based management approach to the development and protection of Rhode Island’s ocean-based resources. In addition, these rules establish the regulatory standards and enforceable policies within the GLD for purposes of the federal Coastal Zone Management Act federal consistency provisions pursuant to 16 U.S.C. § 1456 and 15 C.F.R. Part 930.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-2 § 2.3 Policies and Standards (formerly § 270)

2.3.1General Policies (formerly § 270.1)

A.The Council recognizes that the preservation and restoration of ecological systems shall be the primary guiding principle upon which environmental alteration of coastal resources will be measured. Proposed activities shall be designed to avoid impacts and, where unavoidable impacts may occur, those impacts shall be minimized and mitigated.

B.As the Ocean SAMP is an extension and refinement of CRMC’s policies for Type 4 Multipurpose Waters as described in the RICRMP, CRMC will encourage a balance among the diverse activities, both traditional and future water dependent uses, while preserving and restoring the ecological systems.

C.The Council recognizes that while all fish habitat is important, spawning and nursery areas are especially critical in providing shelter for these species during the most vulnerable stages of their life cycles. The Council will ensure that proposed activities shall be designed to avoid impacts to these sensitive habitats, and where unavoidable impacts may occur, those impacts shall be minimized and mitigated. In addition, the Council will give consideration to habitat used by Species of Concern as defined by the NMFS Office of Protected Resources.

D.Because the Ocean SAMP is located at the convergence of two eco-regions and therefore more susceptible to change, the Council will work with partner federal and state agencies, research institutions, and environmental organizations to carefully manage this area, especially as it relates to the projected effects of global climate change on this rich ecosystem.

E.The Council shall appoint a standing Habitat Advisory Board (HAB) which shall provide advice to the Council on the ecological function, restoration and protection of the marine resources and habitats in the Ocean SAMP area and on the siting, construction, and operation of off shore development in the Ocean SAMP study area The HAB shall also provide advice on scientific research and its application to the Ocean SAMP. The HAB is an advisory body to the Council and does not supplant any authority of any federal or state agency responsible for the conservation and restoration of marine habitats. The HAB shall be comprised of nine members, five representing marine research institutions with experience in the Ocean SAMP study area and surrounding waters, and four representing environmental non-governmental organizations that maintain a focus on Rhode Island. HAB members shall serve four-year terms and shall serve no more than two consecutive terms. The Council shall provide to the HAB a semi-annual status report on Ocean SAMP area marine resources and habitat-related issues and adaptive management of projects in the Ocean SAMP planning area, including but not limited to: protection and restoration of marine resources and habitats, cumulative impacts, climate change, environmental review criteria, siting and performance standards, and marine resources and habitat mitigation and monitoring. The Council shall notify the HAB in writing concerning any project in the Ocean SAMP area. The HAB shall meet not less than semi-annually with the Fishermen’s Advisory Board and on an as-needed basis to provide the Council with advice on protection and restoration of marine resources and habitats in the Ocean SAMP areas and potential adverse impacts on marine resources and habitat posed by proposed projects reviewed by the Council. The HAB may also meet regularly to discuss issues related to the latest science of ecosystem-based management in the marine environment and new information relevant to the management of the Ocean SAMP planning area. In addition the HAB may aid the Council and its staff in developing and implementing a research agenda. As new information becomes available and the scientific understanding of the Ocean SAMP planning area evolves, the HAB may identify new areas with unique or fragile physical features, important natural habitats, or areas of high natural productivity for designation by the Council as Areas of Particular Concern or Areas Designated for Preservation.

2.3.2Regulatory Standards (formerly § 270.2)

A.Ocean SAMP sea duck foraging habitats in water depths less than or equal to 20 meters [65.6 feet] (as shown in Figure 8 in § 11.10.3(B) of this Subchapter) are designated as Areas Designated for Preservation due to their ecological value and the significant role these foraging habitats play to avian species, and existing evidence suggesting the potential for permanent habitat loss as a result of offshore wind energy development. The current research regarding sea duck foraging areas indicates that this habitat is depth limited and generally contained within the 20 meter depth contour. It is likely there are discreet areas within this region that are prime feeding areas; however at present there is no long-term data set that would allow this determination. Thus, the entire area within the 20 meter contour is being protected as an Area Designated for Preservation until further research allows the Council and other agencies to make a more refined determination. For further information on Areas Designated for Preservation, see Part 11 of this Subchapter, The Policies of the Ocean SAMP.

B.Glacial moraines are important habitat areas for a diversity of fish and other marine plants and animals because of their relative structural permanence and structural complexity. Glacial moraines create a unique bottom topography that allows for habitat diversity and complexity, which allows for species diversity in these areas and creates environments that exhibit some of the highest biodiversity within the entire Ocean SAMP area. The Council also recognizes that because glacial moraines contain valuable habitats for fish and other marine life they are also important to commercial and recreational fishermen. Accordingly, the Council shall designate glacial moraines as identified in Part 11 of this Subchapter, Figures 3 and 4 in § 11.10.2 of this Subchapter, as Areas of Particular Concern. For further information on Areas of Particular Concern, see Part 11 of this Subchapter, The Policies of the Ocean SAMP.

C.The Council shall require, for large-scale projects, modeling of circulation and stratification to ensure that water flow patterns and velocities are not altered in ways that would lead to major ecosystem change. The current patterns that exist within the Ocean SAMP ecosystem play an important role in shaping ecosystem functions at all biological and ecological scales, and in shaping physical oceanographic process such as water column stratification.

D.Biological resource assessments shall be conducted according to the procedures outlined in § 11.10.5 of this Subchapter, The Policies of the Ocean SAMP, and detailed in the Site Assessment Plan and the Construction and Operation Plan sections.

E.The Council in coordination with the Joint Agency Working Group, as described in § 11.9.7 of this Subchapter, The Policies of the Ocean SAMP, shall determine requirements for monitoring prior to, during and post-construction. Specific biological monitoring requirements shall be determined on a project by project basis and may include but are not limited to the monitoring of:

1.Coastal processes and physical oceanography

2.Underwater noise

3.Benthic ecology

4.Avian species

5.Marine mammals

6.Sea turtles

7.Fish and fish habitat

F.Any large-scale offshore development, as defined in § 11.3(H) of this Subchapter, shall require a meeting between the HAB, the applicant, and the Council staff to discuss potential marine resource and habitat-related issues such as, but not limited to, impacts to marine resource and habitats during construction and operation, project location, construction schedules, alternative locations, project minimization, measures to mitigate the potential impacts of proposed projects on habitats and marine resources, and the identification of important marine resource and habitat areas. For any state permit process for a Large-Scale Offshore Development, this meeting shall occur prior to submission of the state permit application. The Council cannot require a pre-application meeting for federal permit applications, but the Council strongly encourages applicants for any large-scale offshore development, as defined in § 11.3(H) of this Subchapter, in federal waters to meet with the HAB and the Council staff prior to the submission of a federal application, lease, license, or authorization. However, for federal permit applicants, a meeting with the HAB shall be necessary data and information required for federal consistency reviews for purposes of starting the CZMA 6-month review period for federal license or permit activities under 15 C.F.R. Part 930, Subpart D, and OCS Plans under 15 C.F.R. Part 930, Subpart E, pursuant to 15 C.F.R. § 930.58 (a)(2). Any necessary data and information shall be provided before the 6-month CZMA review period begins for a proposed project.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-3 RICRMP: Ocean SAMP - Chapter 3 - Global Climate Change

650-RICR-20-05-3 § 3.1 Authority

A.As authorized by the federal Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 through 1466) and R.I. Gen. Laws Chapter 46-23 the Coastal Resources Management Council may implement special area management plans.

B.The regulations herein constitute a RICR regulatory component of the Ocean Special Area Management Plan (SAMP) Chapter 3 – Global Climate Change, and must be read in conjunction with the other RICR regulatory components and chapters of the Ocean SAMP for the full context and understanding of the CRMC’s findings and policies that form the basis and purpose of these regulations. The other RICR regulatory components and chapters of the Ocean SAMP should be employed in interpreting the regulations herein and R.I. Gen. Laws § 46-23-1, et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-3 § 3.2 Purpose

The purpose of these rules is to carry out the responsibilities of the Coastal Resources Management Council in establishing the Ocean Special Area Management Plan (SAMP) for the offshore waters (beyond 3 nautical mile state water boundary) within the geographic location description (GLD) and to provide the regulatory framework for promoting a balanced and comprehensive ecosystem-based management approach to the development and protection of Rhode Island’s ocean-based resources. In addition, these rules establish the regulatory standards and enforceable policies within the GLD for purposes of the federal Coastal Zone Management Act federal consistency provisions pursuant to 16 U.S.C. § 1456 and 15 C.F.R. Part 930.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-3 § 3.3 Policies and Standards (formerly § 350)

A.The Coastal Resources Management Council (“Council”) developed and adopted on January 15, 2008, § 00-1.1.10 of this Chapter and is part of the federally adopted Rhode Island Coastal Resource Management Program (RICRMP). This is the controlling provision for the upland areas within the Council’s jurisdiction and the immediate shoreline areas and seaward to a distance of 500 feet offshore. This Part is intended to be the controlling policy for the ocean waters from beyond the 500 foot mark out to the three-mile limit.

B.See § 00-1.1.10 of this Chapter for the most recent policies on climate change and sea level rise.

3.3.1General Policies (formerly § 350.1)

A.The Council recognizes that the changes brought by climate change are likely to result in alteration of the marine ecology and human uses affecting the Ocean SAMP area. The Council encourages energy conservation, mitigation of greenhouse gasses and adaptation approaches for management. The Council, therefore, supports the policy of increasing offshore renewable energy production in Rhode Island as a means of mitigating the potential effects of global climate change.

B.The Council shall incorporate climate change planning and adaptation into policy and standards in all areas of its jurisdiction of the Ocean SAMP and its associated land-based infrastructure to proactively plan for and adapt to climate change impacts such as increased storminess and temperature change, in addition to accelerated sea level rise. For example, when evaluating Ocean SAMP area projects and uses, the Council will carefully consider how climate change could affect their future feasibility, safety, and effectiveness. When evaluating new or intensified existing uses within the Ocean SAMP area, the Council will consider predicted impacts of climate change especially on sensitive habitats, most notably spawning and nursery grounds, of particular importance to targeted species of finfish, shellfish, and crustaceans.

C.The Council will convene a panel of scientists biannually to advise on findings of current climate science for the region and the implications for Rhode Island’s coastal and offshore regions, as well as the possible management ramifications. The horizon for evaluation and planning needs to include both the short term (10 years) and longer term (50 years). The Science Advisory Panel for Climate Change will provide the Council with expertise on the most current global climate change related science, monitoring, policy, and development design standards relevant to activities within its jurisdiction of the Ocean SAMP and its associated land-based infrastructure to proactively plan for and adapt to climate change impacts such as increased storminess, temperature change, and acidification in addition to accelerated sea level rise. The findings of this Science Advisory Panel will be forwarded on to the legislatively-appointed Rhode Island Climate Change Commission for their consideration.

D.The Council will prohibit those land-based and offshore development projects that based on a sea level rise scenario analysis will threaten public safety or not perform as designed resulting in significant environmental impacts. The U.S. Army Corps of Engineers (ACOE) has developed and is implementing design and construction standards that consider impacts from sea level rise. These standards and other scenario analysis should be applied to determine sea level rise impacts.

E.The Council supports the application of enhanced building standards in the design phase of rebuilding coastal infrastructure associated with the Ocean SAMP area, including port facilities, docks, and bridges that ships must pass under.

F.The Council endorses the development of design standards for marine platforms that account for climate change projections on wind speed, storm intensity and frequency, and wave conditions, and will work with the U.S. Bureau of Ocean Energy Management, Regulation and Enforcement, Department of Interior, Department of Energy, and the Army Corps of Engineers to develop a set of standards that can then be applied in Rhode Island projects. The Council will reassess coastal infrastructure and seaworthy marine structure building standards periodically not only for sea level rise, but also for other climate changes including more intense storms, increased wave action, and increased acidity in the sea.

G.The Council supports public awareness and interpretation programs to increase public understanding of climate change and how it affects the ecology and uses of the Ocean SAMP area.

3.3.2Regulatory Standards (formerly § 350.2)

Public infrastructure projects shall provide an analysis of historic and projected (medium and high) rates of sea level rise and shall at minimum assess the risks for each alternative on public safety and environmental impacts resulting from the project.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-4 RICRMP: Ocean SAMP - Chapter 4 - Cultural and Historic Resources

650-RICR-20-05-4 § 4.1 Authority

A.As authorized by the federal Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 through 1466) and R.I. Gen. Laws Chapter 46-23 the Coastal Resources Management Council may implement special area management plans.

B.The regulations herein constitute a RICR regulatory component of the Ocean Special Area Management Plan (SAMP) Chapter 4 - Cultural and Historic Resources, and must be read in conjunction with the other RICR regulatory components and chapters of the Ocean SAMP for the full context and understanding of the CRMC’s findings and policies that form the basis and purpose of these regulations. The other RICR regulatory components and chapters of the Ocean SAMP should be employed in interpreting the regulations herein and R.I. Gen. Laws § 46-23-1, et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-4 § 4.2 Purpose

The purpose of these rules is to carry out the responsibilities of the Coastal Resources Management Council in establishing the Ocean Special Area Management Plan (SAMP) for the offshore waters (beyond 3 nautical mile state water boundary) within the geographic location description (GLD) and to provide the regulatory framework for promoting a balanced and comprehensive ecosystem-based management approach to the development and protection of Rhode Island’s ocean-based resources. In addition, these rules establish the regulatory standards and enforceable policies within the GLD for purposes of the federal Coastal Zone Management Act federal consistency provisions pursuant to 16 U.S.C. § 1456 and 15 C.F.R. Part 930.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-4 § 4.3 Policies and Standards (formerly § 440)

A.The Council recognizes the rich and historically significant history of human activity within and adjacent to the Ocean SAMP area. These numerous sites and properties, that are located both underwater and onshore, should be considered when evaluating future projects.

B.The Coastal Resources Management Council (“Council”) has a federal obligation as part of its responsibilities under the Federal Coastal Zone Management Act to recognize the importance of cultural, historic, and tribal resources within the state’s coastal zone, including Rhode Island state waters. It has a similar responsibility under the Rhode Island Historic Preservation Act. The Council will not permit activities that will significantly impact the state’s cultural, historic and tribal resources.

C.The Council will engage federal and state agencies, and the Narragansett Indian Tribe’s Tribal Historic Preservation Office (THPO), when evaluating the impacts of proposed development on cultural and historic resources. The Rhode Island Historic Preservation and Heritage Commission (RIHPHC) is the State Historic Preservation Office (SHPO) for the state of Rhode Island, and is charged with developing historical property surveys for Rhode Island municipalities, reviewing projects that may impact cultural and historic resources, and regulating archaeological assessments on land and in state waters. For other tribes outside of Rhode Island that might be affected by a federal action it is the responsibility of the applicable federal agency to consult with affected tribes.

D.Project reviews will follow the policies outlined in § 00-1.2.3 of this Chapter “Areas of Historic and Archaeological Significance” and in § 00-1.3.5 of this Chapter “Guidelines for the Protection and Enhancement of the Scenic Value of the Coastal Region” of the State of Rhode Island Coastal Resources Management Program, As Amended (“Red Book”). The standards for the identification of cultural resources and the assessment of potential effects on cultural resources will be in accordance with the National Historic Preservation Act Section 106 regulations at 36 C.F.R. Part 800, Subpart B - Protection of Historic Properties.

E.Historic shipwrecks, archeological or historical sites located within Rhode Island’s coastal zone are Areas of Particular Concern (APCs) for the Rhode Island coastal management program. Direct and indirect impacts to these resources must be avoided to the greatest extent possible. Other areas, not noted as APCs, may also have significant archeological sites that could be identified through the permit process. For example, the area at the south end of Block Island waters within the 30 foot depth contour is known to have significant archeological resources. As a result, projects conducted in the Ocean SAMP area may have impacts to Rhode Island’s underwater archaeological and historic resources.

F.Archaeological surveys shall be required as part of the permitting process for projects which may pose a threat to Rhode Island’s archaeological and historic resources. During the filing phase for state assent, projects needing archaeological surveys will be identified through the joint review process. The survey requirements will be coordinated with the SHPO and, if tribal resources are involved, with the Narragansett THPO.

G.APCs may require a buffer or setback distance to ensure that development projects avoid or minimize impacts to known or potential historic or archaeological sites. The buffer or setback distance during the permitting process will be determined by the SHPO and if tribal resources are involved, the Narragansett THPO.

H.In addition to general Area of Particular Concern buffer/setback distances around shipwrecks or other submerged cultural resources, the Council reserves the right, based upon recommendations from RIHPHC, to establish protected areas around all submerged cultural resources which meet the criteria for listing on the National Register of Historic Places.

I.Projects conducted in the Ocean SAMP area may have impacts that could potentially affect onshore archaeological, historic, or cultural resources. Archaeological and historical surveys may be required of projects which are reviewed by the joint agency review process. During the filing phase for state assent, projects needing such surveys will be identified and the survey requirement will be coordinated with the SHPO and if tribal resources are involved, with the Narragansett THPO.

J.Guidelines for onshore archaeological assessments in the Ocean SAMP Area can be obtained through the RIHPHC in their document, “Performance Standards and Guidelines for Archaeological Projects: Standards for Archaeological Survey” (RIHPHC 2007), or the lead federal agency responsible for reviewing the proposed development.

4.3.1Marine Archaeology Assessment Standards (formerly § 440.1)

A.The potential impacts of a proposed project on cultural and historic resources will be evaluated in accordance with the National Historic Preservation Act and Antiquities Act, and the Rhode Island Historical Preservation Act and Antiquities Act as applicable. Depending on the project and the lead federal agency, the projects that may impact marine historical or archaeological resources identified through the joint agency review process shall require a Marine Archaeology Assessment that documents actual or potential impacts the completed project will have on submerged cultural and historic resources.

B.Guidelines for Marine Archaeology Assessment in the Ocean SAMP Area can be obtained through the RIHPHC in their document, “Performance Standards and Guidelines for Archaeological Projects: Standards for Archaeological Survey” (RIHPHC 2007), or the lead federal agency responsible for reviewing the proposed development.

4.3.2Visual Impact Assessment Standards (formerly § 440.2)

A.The potential non-physical impacts of a proposed project on cultural and historic resources shall be evaluated in accordance with 36 C.F.R. § 800.5, Assessment of Adverse Effects, (v) Introduction of visual, atmospheric, or audible elements that diminish the integrity of the property’s significant historic features. Depending on the project and the lead federal agency, the Ocean SAMP Interagency Working Group may require that a project undergo a Visual Impact Assessment that evaluates the visual impact a completed project will have on onshore cultural and historic resources.

B.A Visual Impact Assessment may require the development of detailed visual simulations illustrating the completed project’s visual relationship to onshore properties that are designated National Historic Landmarks, listed on the National Register of Historic Places, or determined to be eligible for listing on the National Register of Historic Places. Assessment of impacts to specific views from selected properties of interest may be required by relevant state and federal agencies to properly evaluate the impacts and determination of adverse effect of the project on onshore cultural or historical resources.

C.A Visual Impact Assessment may require description and images illustrating the potential impacts of the proposed project.

D.Guidelines for Landscape and Visual Impact Assessment in the Ocean SAMP Area can be obtained through the lead federal agency responsible for reviewing the proposed development.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-5 RICRMP: Ocean SAMP - Chapter 5 - Commercial and Recreational Fisheries

650-RICR-20-05-5 § 5.1 Authority

A.Pursuant to the federal Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 through 1466) and R.I. Gen. Laws Chapter 46-23 the Coastal Resources Management Council is authorized to develop and implement special area management plans.

B.The regulations herein constitute a RICR regulatory component of the Ocean Special Area Management Plan (SAMP) Chapter 5 - Commercial and Recreational Fisheries, and must be read in conjunction with the other RICR regulatory components and chapters of the Ocean SAMP for the full context and understanding of the CRMC’s findings and policies that form the basis and purpose of these regulations. The other RICR regulatory components and chapters of the Ocean SAMP should be employed in interpreting the regulations herein and R.I. Gen. Laws § 46-23-1, et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Amendment — effective from 2013-08-12 to 08/17/2018
• Technical Revision — effective from 2012-03-08 to 08/12/2013 Click here to view previous versions of this Part.

650-RICR-20-05-5 § 5.2 Purpose

The purpose of these rules is to carry out the responsibilities of the Coastal Resources Management Council in establishing the Ocean Special Area Management Plan (SAMP) for the offshore waters (beyond 3 nautical mile state water boundary) within the geographic location description (GLD) and to provide the regulatory framework for promoting a balanced and comprehensive ecosystem-based management approach to the development and protection of Rhode Island’s ocean-based resources. In addition, these rules establish the regulatory standards and enforceable policies within the GLD for purposes of the federal Coastal Zone Management Act federal consistency provisions pursuant to 16 U.S.C. § 1456 and 15 C.F.R. Part 930.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Amendment — effective from 2013-08-12 to 08/17/2018
• Technical Revision — effective from 2012-03-08 to 08/12/2013 Click here to view previous versions of this Part.

650-RICR-20-05-5 § 5.3 Policies and Standards (formerly § 560)

5.3.1General Policies (formerly § 560.1)

A.The commercial and recreational fishing industries, and the habitats and biological resources of the ecosystem they are based on, are of vital economic, social, and cultural importance to Rhode Island’s fishing ports and communities. Commercial and recreational fisheries are also of great importance to Rhode Island’s economy and to the quality of life experienced by both residents and visitors. The Council finds that other uses of the SAMP area could potentially displace commercial or recreational fishing activities or have other adverse impacts on commercial and recreational fisheries.

B.The Council recognizes that finfish, shellfish, and crustacean resources and related fishing activities are managed by a host of different agencies and regulatory bodies which have jurisdiction over different species and/or different parts of the SAMP area. Entities involved in managing fish and fisheries within the SAMP area include, but are not limited to, the Atlantic States Marine Fisheries Commission, the RI Department of Environmental Management, the RI Marine Fisheries Council, the NOAA National Marine Fisheries Service, the New England Fishery Management Council, and the Mid-Atlantic Fishery Management Council. The Council recognizes the jurisdiction of these organizations in fishery management and will work with these entities to protect fisheries resources. The Council will also work in coordination with these entities to protect priority habitat areas.

C.The Council’s policy is to protect commercial and recreational fisheries within the SAMP area from the adverse impacts of other uses, while supporting actions to make ongoing fishing practices more sustainable. It should be recognized that scientific knowledge of the impacts of fishing on habitats and fish populations will advance. Improvements in more sustainable gear technology, fishing practices, and management tools may improve the state of fisheries resources. A general goal of the Council is to constantly improve the health of the Ocean SAMP area ecosystem and the populations of fish and shellfish it provides. Cooperative research, utilizing the unique skills and expertise of the fishing community, will be a cornerstone to this goal.

D.Commercial and recreational fisheries activities are dynamic, taking place at different places at different times of the year due to seasonal species migrations and other factors. The Council recognizes that fisheries are dynamic, shaped by these seasonal migrations as well as other factors including shifts in the regulatory environment, market demand, and global climate change. The Council further recognizes that the entire Ocean SAMP area is used by commercial and recreational fishermen employing different fishing methods and gear types. Changes in existing uses, intensification of uses, and new uses within the area could cause adverse impacts to these fisheries. Accordingly, the Council shall:

1.In consultation with the Fishermen’s Advisory Board, as defined in § 11.3(E) of this Subchapter, identify and evaluate prime fishing areas on an ongoing basis through an adaptive framework.

2.Review any uses or activities that could disrupt commercial and recreational fisheries activities.

E.The Council shall work together with the U.S. Coast Guard, the U.S. Navy, the U.S. Army Corps of Engineers, NOAA, fishermen’s organizations, marine pilots, recreational boating organizations, and other marine safety organizations to promote safe navigation, fishing, and recreational boating activity around and through offshore structures and developments, and along cable routes, during the construction, operation, and decommissioning phases of such projects. The Council will promote and support the education of all mariners regarding safe navigation around offshore structures and developments and along cable routes.

F.Discussions with the U.S. Coast Guard, the U.S. Department of Interior Bureau of Ocean Energy Management, Regulation, and Enforcement, and the U.S. Army Corps of Engineers have indicated that no vessel access restrictions are planned for the waters around and through offshore structures and developments, or along cable routes, except for those necessary for navigational safety. Commercial and recreational fishing and boating access around and through offshore structures and developments and along cable routes is a critical means of mitigating the potential adverse impacts of offshore structures on commercial and recreational fisheries and recreational boating. The Council endorses this approach and shall work to ensure that the waters surrounding offshore structures, developments, and cable routes remain open to commercial and recreational fishing, marine transportation, and recreational boating, except for navigational safety restrictions. The Council requests that federal agencies notify the Council as soon as is practicable of any federal action that may affect vessel access around and through offshore structures and developments and along cable routes. The Council will continue to monitor changes to navigational activities around and through offshore developments and along cable routes. Any changes affecting existing navigational activities may be subject to CZMA Federal Consistency review if the federal agency determines its activity will have reasonably foreseeable effects on the uses or resources of Rhode Island’s coastal zone.

G.The Council recognizes that commercial and recreational fishermen from other states, such as the neighboring states of Connecticut, New York, and Massachusetts, often fish in the Ocean SAMP area. The Council also recognizes that many fish species that are harvested in adjacent waters may rely on habitats and prey located within the Ocean SAMP area. Accordingly, the Council will work with neighboring states to ensure that Offshore Development and other uses of the Ocean SAMP area do not result in significant impacts to the fisheries resources or activities of other states.

H.The Council shall appoint a standing Fishermen’s Advisory Board (FAB) which shall provide advice to the Council on the siting and construction of other uses in marine waters. The FAB is an advisory body to the Council that is not intended to supplant any existing authority of any other federal or state agency responsible for the management of fisheries, including but not limited to the Marine Fisheries Council and its authorities set forth in R.I. Gen. Laws § 20-3-1 et seq. The FAB shall be comprised of nine members, one representing each of the following six Rhode Island fisheries: bottom trawling; scallop dredging; gillnetting; lobstering; party and charter boat fishing; and recreational angling; and three members, including two commercial fishermen and one recreational fisherman, who are Massachusetts fishermen who fish in the Ocean SAMP area. FAB members shall serve four-year terms. The Council shall provide to the FAB a semi-annual status report on Ocean SAMP area fisheries-related issues, including but not limited to those of which the Council is cognizant in its planning and regulatory activities, and shall notify the FAB in writing concerning any project in the Ocean SAMP area. The FAB shall meet not less than semi-annually with the Habitat Advisory Board and on an as-needed basis to provide the Council with advice on the potential adverse impacts of other uses on commercial and recreational fishermen and fisheries activities, and on issues including, but not limited to, the evaluation and planning of project locations, arrangements, and alternatives; micro-siting (siting of individual wind turbines within a wind farm to identify the best site for each individual structure); access limitations; and measures to mitigate the potential impacts of such projects on the fishery. In addition the FAB may aid the Council and its staff in developing and implementing a research agenda. As new information becomes available and the scientific understanding of the Ocean SAMP planning area evolves, the FAB may identify new areas with unique or fragile physical features, important natural habitats, or areas of high natural productivity for designation by the Council as Areas of Particular Concern or Areas Designated for Preservation.

5.3.2Regulatory Standards (formerly § 560.2)

A.Any large-scale offshore development, as defined in §§ 8.3(G) and 11.3(H) of this Subchapter, shall require a meeting between the Fisherman’s Advisory Board (FAB), the applicant, and the Council staff to discuss potential fishery-related impacts, such as, but not limited to, project location, construction schedules, alternative locations, project minimization and identification of high fishing activity or habitat edges. For any state permit process for a large-scale offshore development this meeting shall occur prior to submission of the state permit application. The Council cannot require a pre-application meeting for federal permit applications, but the Council strongly encourages applicants for any large-scale offshore development, as defined in as defined in §§ 8.3(G) and 11.3(H) of this Subchapter, in federal waters to meet with the FAB and the Council staff prior to the submission of a federal application, lease, license, or authorization. However, for federal permit applicants, a meeting with the FAB shall be necessary data and information required for federal consistency reviews for purposes of starting the CZMA 6-month review period for federal license or permit activities under 15 C.F.R. Part 930, Subpart D, and OCS Plans under 15 C.F.R. Part 930, Subpart E, pursuant to 15 C.F.R. § 930.58(a)(2). Any necessary data and information shall be provided before the 6-month CZMA review period begins for a proposed project.

B.The Council shall prohibit any other uses or activities that would result in significant long-term negative impacts to Rhode Island’s commercial or recreational fisheries. Long-term impacts are defined as those that affect more than one or two seasons.

C.The Council shall require that the potential adverse impacts of offshore developments and other uses on commercial or recreational fisheries be evaluated, considered, and mitigated as described in § 5.3.2(D) of this Part.

D.For the purposes of §§ 5.3.1 and 5.3.2 of this Part, mitigation is defined as a process to make whole those fisheries user groups that are adversely affected by proposals to be undertaken, or undertaken projects, in the Ocean SAMP area. Mitigation measures shall be in consonance with the purposes of duly adopted fisheries management plans, programs, strategies and regulations of the agencies and regulatory bodies with jurisdiction over fisheries in the SAMP area, including but not limited to those set forth above in § 5.3.1(B) of this Part. Mitigation shall not be designed or implemented in a manner that substantially diminishes the effectiveness of duly adopted fisheries management programs. Mitigation measures may include, but are not limited to, compensation, effort reduction, habitat preservation, restoration and construction, marketing, and infrastructure improvements. Where there are potential impacts associated with proposed projects, the need for mitigation shall be presumed. Negotiation of mitigation agreements shall be a necessary condition of any approval or permit of a project by the Council. Mitigation shall be negotiated between the Council staff, the FAB, the project developer, and approved by the Council. The reasonable costs associated with the negotiation, which may include data collection and analysis, technical and financial analysis, and legal costs, shall be borne by the applicant. The applicant shall establish and maintain either an escrow account to cover said costs of this negotiation or such other mechanism as set forth in the permit or approval condition pertaining to mitigation. This policy shall apply to all large-scale offshore developments, underwater cables, and other projects as determined by the Council.

E.Glacial moraines are important habitat areas for a diversity of fish and other marine plants and animals because of their relative structural permanence and structural complexity. Glacial moraines create a unique bottom topography that allows for habitat diversity and complexity, which allows for species diversity in these areas and creates environments that exhibit some of the highest biodiversity within the entire Ocean SAMP area. The Council also recognizes that because glacial moraines contain valuable habitats for fish and other marine life, they are also important to commercial and recreational fishermen. Accordingly, the Council shall designate glacial moraines as identified in Part 11 of this Subchapter, Figures 3 and 4 in § 11.10.2 of this Subchapter, as Areas of Particular Concern. For further information on Areas of Particular Concern see Part 11 of this Subchapter, The Policies of the Ocean SAMP.

F.The Council recognizes that moraine edges, as illustrated in Figures 3 and 4 in § 11.10.2 of this Subchapter, The Policies of the Ocean SAMP, are important to fishermen. In addition to these mapped areas, the FAB may identify other edge areas that are important to fisheries within a proposed project location. The Council shall consider the potential adverse impacts of future activities or projects on these areas to Rhode Island’s commercial and recreational fisheries. Where it is determined that there is a significant adverse impact, the Council will modify or deny activities that would impact these areas. In addition, the Council will require assent holders for offshore developments to employ micro-siting techniques in order to minimize the potential impacts of such projects on these edge areas.

G.The finfish, shellfish, and crustacean species that are targeted by commercial and recreational fishermen rely on appropriate habitat at all stages of their life cycles. While all fish habitat is important, spawning and nursery areas are especially important in providing shelter for these species during the most vulnerable stages of their life cycles. The Council shall protect sensitive habitats where they have been identified through the site assessment plan or construction and operation plan review processes for offshore developments as described in § 11.10.5 of this Subchapter, The Policies of the Ocean SAMP.

H.The Council shall consult with the U.S. Coast Guard, the U.S. Navy, marine pilots, the FAB, fishermen’s organizations, and recreational boating organizations when scheduling offshore marine construction or dredging activities. Where it is determined there is a significant conflict with season-limited commercial or recreational fisheries activities, recreational boating activities or scheduled events, or other navigation uses, the Council shall modify or deny activities to minimize conflict with these uses.

I.The Council shall require the assent holder to provide for communication with commercial and recreational fishermen, mariners, and recreational boaters regarding offshore marine construction or dredging activities. Communication shall be facilitated through a project website and shall complement standard U.S. Coast Guard procedures such as Notices to Mariners for notifying mariners of obstructions to navigation.

J.For all large-scale offshore developments, underwater cables, and other development projects as determined by the Council, the assent holder shall designate and fund a third-party fisheries liaison. The fisheries liaison must be knowledgeable about fisheries and shall facilitate direct communication between commercial and recreational fishermen and the project developer. Commercial and recreational fishermen shall have regular contact with and direct access to the fisheries liaison throughout all stages of an offshore development (pre-construction; construction; operation; and decommissioning).

K.Where possible, offshore developments should be designed in a configuration to minimize adverse impacts on other user groups, which include but are not limited to: recreational boaters and fishermen, commercial fishermen, commercial ship operators, or other vessel operators in the project area. Configurations which may minimize adverse impacts on vessel traffic include, but are not limited to, the incorporation of a traffic lane through a development to facilitate safe and direct navigation through, rather than around, an offshore development.

L.The items listed below shall be required for all offshore developments:

1.A biological assessment of commercially and recreationally targeted species shall be required within the project area for all Offshore Developments. This assessment shall assess the relative abundance, distribution, and different life stages of these species at all four seasons of the year. This assessment shall comprise a series of surveys, employing survey equipment and methods that are appropriate for sampling finfish, shellfish, and crustacean species at the project’s proposed location. Such an assessment shall be performed at least four times: pre-construction (to assess baseline conditions); during construction; and at two different intervals during operation (i.e., 1 year after construction and then post-construction). At each time this assessment must capture all four seasons of the year. This assessment may include evaluation of survey data collected through an existing survey program, if data are available for the proposed site. The Council will not require this assessment for proposed projects within the renewable energy zone that are proposed within two years of the adoption of the Ocean SAMP.

2.An assessment of commercial and recreational fisheries effort, landings, and landings value shall be required for all offshore developments. Assessment shall focus on the proposed project area and alternatives. This assessment shall evaluate commercial and recreational fishing effort, landings, and landings value at three different stages: pre-construction (to assess baseline conditions); during construction; and during operation. At each stage, all four seasons of the year must be evaluated. Assessment may use existing fisheries monitoring data but shall be supplemented by interviews with commercial and recreational fishermen. Assessment shall address whether fishing effort, landings, and landings value has changed in comparison to baseline conditions. The Council will not require this assessment for proposed projects within the renewable energy zone that are proposed within 2 years of the adoption of the Ocean SAMP.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Amendment — effective from 2013-08-12 to 08/17/2018
• Technical Revision — effective from 2012-03-08 to 08/12/2013 Click here to view previous versions of this Part.

650-RICR-20-05-6 RICRMP: Ocean SAMP - Chapter 6 - Recreation and Tourism

650-RICR-20-05-6 § 6.1 Authority

A.As authorized by the federal Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 through 1466) and R.I. Gen. Laws Chapter 46-23 the Coastal Resources Management Council may implement special area management plans.

B.The regulations herein constitute a RICR regulatory component of the Ocean Special Area Management Plan (SAMP) Chapter 6 – Recreation and Tourism, and must be read in conjunction with the other RICR regulatory components and chapters of the Ocean SAMP for the full context and understanding of the CRMC’s findings and policies that form the basis and purpose of these regulations. The other RICR regulatory components and chapters of the Ocean SAMP should be employed in interpreting the regulations herein and R.I. Gen. Laws § 46-23-1, et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-6 § 6.2 Purpose

The purpose of these rules is to carry out the responsibilities of the Coastal Resources Management Council in establishing the Ocean Special Area Management Plan (SAMP) for the offshore waters (beyond 3 nautical mile state water boundary) within the geographic location description (GLD) and to provide the regulatory framework for promoting a balanced and comprehensive ecosystem-based management approach to the development and protection of Rhode Island’s ocean-based resources. In addition, these rules establish the regulatory standards and enforceable policies within the GLD for purposes of the federal Coastal Zone Management Act federal consistency provisions pursuant to 16 U.S.C. § 1456 and 15 C.F.R. Part 930.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-6 § 6.3 Policies and Standards (formerly § 660)

6.3.1General Policies (formerly § 660.1)

A.The Council recognizes the economic, historic, and cultural value of marine recreation and tourism activities in the Ocean SAMP area to the state of Rhode Island. The Council’s goal is to promote uses of the Ocean SAMP area that do not significantly interfere with marine recreation and tourism activities or values.

B.When evaluating proposed offshore developments, the Council will carefully consider the potential impacts of such activities on marine recreation and tourism uses. Where it is determined that there is a significant impact, the Council may modify or deny activities that significantly detract from these uses.

C.The Council will encourage and support uses of the Ocean SAMP area that enhance marine recreation and tourism activities.

D.The Council recognizes that the waters south of Brenton Point and within the 3-nautical mile boundary surrounding Block Island are heavily-used recreational areas and are commonly used for organized sailboat races and other marine events. The Council encourages and supports the ongoing coordination of race and marine event organizers with the U.S. Coast Guard, the U.S. Navy, and the commercial shipping community to facilitate safe recreational boating in and adjacent to these areas, which include charted shipping lanes and Navy restricted areas (see Chapter 7, Marine Transportation, Navigation, and Infrastructure). The Council shall consider these heavily-used recreational areas when evaluating Offshore Developments in this area. Where it is determined that there is a significant impact, the Council may modify or deny activities that significantly detract from these uses. The Council also recognizes that much of this organized recreational activity is concentrated within the circular sailboat racing areas as depicted in Figure 6 in § 11.10.2 of this Subchapter, and accordingly has designated these areas as Areas of Particular Concern. See Part 11.10.2 of this Subchapter, The Policies of the Ocean SAMP, for requirements associated with Areas of Particular Concern.

E.The Council shall work together with the U.S. Coast Guard, the U.S. Navy, the U.S. Army Corps of Engineers, NOAA, fishermen’s organizations, marine pilots, recreational boating organizations, and other marine safety organizations to promote safe navigation, fishing, and recreational boating activity around and through offshore structures and developments and along cable routes during the construction, operation and decommissioning phases of such projects. The Council will promote and support the education of all mariners regarding safe navigation around offshore structures and developments and along cable routes.

F.Discussions with the U.S. Coast Guard, the U.S. Department of Interior Bureau of Ocean Energy Management, Regulation, and Enforcement, and the U.S. Army Corps of Engineers have indicated that no vessel access restrictions are planned for the waters around and through offshore structures and developments, or along cable routes, except for those necessary for navigational safety. Commercial and recreational fishing and boating access around and through offshore structures and developments and along cable routes is a critical means of mitigating the potential adverse impacts of offshore structures on commercial and recreational fisheries and recreational boating. The Council endorses this approach and shall work to ensure that the waters surrounding offshore structures, developments, and cable routes remain open to commercial and recreational fishing, marine transportation, and recreational boating, except for navigational safety restrictions. The Council requests that federal agencies notify the Council as soon as is practicable of any federal action that may affect vessel access around and through offshore structures and developments and along cable routes. The Council will continue to monitor changes to navigational activities around and through offshore developments and along cable routes. Any changes affecting existing navigational activities may be subject to CZMA Federal Consistency review if the federal agency determines its activity will have reasonably foreseeable effects on the uses or resources of Rhode Island’s coastal zone.

G.The Council recognizes that offshore wildlife viewing activities are reliant on the presence and visibility of marine and avian species which rely on benthic habitat, the availability of food, and other environmental factors. The Council shall consider these environmental factors when evaluating proposed Offshore Developments in these areas. Where it is determined that there is a significant impact, the Council may modify or deny activities that significantly detract from these uses.

6.3.2Regulatory Standards (formerly § 660.2)

A.Offshore dive sites within the Ocean SAMP area, as shown in Figure 2 in § 11.10.2(E) of this Subchapter, are designated Areas of Particular Concern. The Council recognizes that offshore dive sites, most of which are shipwrecks, are valuable recreational and cultural ocean assets and are important to sustaining Rhode Island’s recreation and tourism economy. See Part 11 of this Subchapter, The Policies of the Ocean SAMP, for requirements associated with Areas of Particular Concern.

B.Heavily-used recreational boating and sailboat racing areas, as shown in Figure 6 in § 11.10.2 of this Subchapter, are designated as Areas of Particular Concern. The Council recognizes that organized recreational boating and sailboat racing activities are concentrated in these particular areas, which are therefore important to sustaining Rhode Island’s recreation and tourism economy. See Part 11 of this Subchapter, The Policies of the Ocean SAMP, for requirements associated with Areas of Particular Concern.

C.The Council shall consult with the U.S. Coast Guard, the U.S. Navy, marine pilots, the Fishermen’s Advisory Board as defined in § 11.3(E) of this Subchapter, fishermen’s organizations, and recreational boating organizations when scheduling offshore marine construction or dredging activities. Where it is determined that there is a significant conflict with season-limited commercial or recreational fisheries activities, recreational boating activities or scheduled events, or other navigation uses, the Council shall modify or deny activities to minimize conflict with these uses.

D.The Council shall require the assent holder to provide for communication with commercial and recreational fishermen, mariners, and recreational boaters regarding offshore marine construction or dredging activities. Communication shall be facilitated through a project website and shall complement standard U.S. Coast Guard procedures such as Notices to Mariners for notifying mariners of obstructions to navigation.

E.Where possible, offshore developments should be designed in a configuration to minimize adverse impacts on other user groups, which include but are not limited to: recreational boaters and fishermen, commercial fishermen, commercial ship operators, or other vessel operators in the project area. Configurations which may minimize adverse impacts on vessel traffic include, but are not limited to, the incorporation of a traffic lane through a development to facilitate safe and direct navigation through, rather than around, an offshore development

F.Any assent holder of an approved offshore development shall work with the Council when designing the proposed facility to incorporate where possible mooring mechanisms to allow safe public use of the areas surrounding the installed turbine or other structure.

G.The Council shall require where appropriate that project developers perform systematic observations of recreational boating intensity at the project area at least three times: pre-construction; during construction; and post-construction Observations may be made while conducting other field work or aerial surveys and may include either visual surveys or analysis of aerial photography or video photography. The Council shall require where appropriate that observations capture both weekdays and weekends and reflect high-activity periods including the July 4th holiday weekend and the week in June when Block Island Race Week takes place. The quantitative results of such observations, including raw boat counts and average number of vessels per day, will be provided to the Council.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-7 RICRMP: Ocean SAMP - Chapter 7 - Marine Transportation, Navigation and Infrastructure

650-RICR-20-05-7 § 7.1 Authority

A.As authorized by the federal Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 through 1466) and R.I. Gen. Laws Chapter 46-23 the Coastal Resources Management Council may implement special area management plans.

B.The regulations herein constitute a RICR regulatory component of the Ocean Special Area Management Plan (SAMP) Chapter 7 - Marine Transportation, Navigation and Infrastructure, and must be read in conjunction with the other RICR regulatory components and chapters of the Ocean SAMP for the full context and understanding of the CRMC’s findings and policies that form the basis and purpose of these regulations. The other RICR regulatory components and chapters of the Ocean SAMP should be employed in interpreting the regulations herein and R.I. Gen. Laws § 46-23-1, et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-7 § 7.2 Purpose

The purpose of these rules is to carry out the responsibilities of the Coastal Resources Management Council in establishing the Ocean Special Area Management Plan (SAMP) for the offshore waters (beyond 3 nautical mile state water boundary) within the geographic location description (GLD) and to provide the regulatory framework for promoting a balanced and comprehensive ecosystem-based management approach to the development and protection of Rhode Island’s ocean-based resources. In addition, these rules establish the regulatory standards and enforceable policies within the GLD for purposes of the federal Coastal Zone Management Act federal consistency provisions pursuant to 16 U.S.C. § 1456 and 15 C.F.R. Part 930.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-7 § 7.3 Policies and Standards (formerly § 770)

7.3.1General Policies (formerly § 770.1)

A.The Council recognizes the importance of designated navigation areas, which include shipping lanes, precautionary areas, recommended vessel routes, pilot boarding areas, anchorages, military testing areas, and submarine transit lanes to marine transportation and navigation activities in the Ocean SAMP area. The Council also recognizes that these and other waters within the Ocean SAMP area are heavily used by numerous existing users who have adapted to each other with regard to their uses of ocean space. Any changes in the spatial use patterns of any one of these users will result in potential impacts to the other users. The Council will carefully consider the potential impacts of such changes on the marine transportation network. Changes to existing designated navigational areas proposed by the Coast Guard, NOAA, the R.I. Port Safety and Security Forums, or other entities could similarly impact existing uses. The Council requests that they be notified by any of these parties if any such changes are to be made to the transportation network so that they may work with those entities to achieve a proper balance among existing uses.

B.The Council recognizes the economic, historic, and cultural value of marine transportation and navigation uses of the Ocean SAMP area to the state of Rhode Island. The Council’s goal is to promote uses of the Ocean SAMP area that do not significantly interfere with marine transportation and safe navigation within designated navigation areas, which include shipping lanes, precautionary areas, recommended vessel routes, pilot boarding areas, anchorages, military testing areas, and submarine transit lanes. See § 7.3.2 of this Part for discussion of navigation areas which have been designated as Areas of Particular Concern.

C.The Council will encourage and support uses of the Ocean SAMP area that enhance marine transportation and safe navigation within designated navigation areas, which include shipping lanes, precautionary areas, recommended vessel routes, pilot boarding areas, anchorages, Navy restricted areas, and submarine transit lanes.

D.The Council shall work together with the U.S. Coast Guard, the U.S. Navy, the U.S. Army Corps of Engineers, NOAA, fishermen’s organizations, marine pilots, recreational boating organizations, and other marine safety organizations to promote safe navigation around and through offshore structures and developments, and along cable routes, during the construction, operation, and decommissioning phases of such projects. The Council will promote and support the education of all mariners regarding safe navigation around offshore structures and developments and along cable routes.

E.Discussions with the U.S. Coast Guard, the U.S. Department of Interior Bureau of Ocean Energy Management, Regulation, and Enforcement, and the U.S. Army Corps of Engineers have indicated that no vessel access restrictions are planned for the waters around and through offshore structures and developments, or along cable routes, except for those necessary for navigational safety. Commercial and recreational fishing and boating access around and through offshore structures and developments and along cable routes is a critical means of mitigating the potential adverse impacts of offshore structures on commercial and recreational fisheries and recreational boating. The Council endorses this approach and shall work to ensure that the waters surrounding offshore structures, developments, and cable routes remain open to commercial and recreational fishing, marine transportation, and recreational boating, except for navigational safety restrictions. The Council requests that federal agencies notify the Council as soon as is practicable of any federal action that may affect vessel access around and through offshore structures and developments and along cable routes. The Council will continue to monitor changes to navigational activities around and through offshore developments and along cable routes. Any changes affecting existing navigational activities may be subject to CZMA Federal Consistency review if the federal agency determines its activity will have reasonably foreseeable effects on the uses or resources of Rhode Island’s coastal zone

7.3.2Regulatory Standards (formerly § 770.2)

A.Navigation, military, and infrastructure areas including: designated shipping lanes, precautionary areas, recommended vessel routes, ferry routes, dredge disposal sites, military testing areas, unexploded ordnance, pilot boarding areas, and anchorages, as shown in Figure 5 in § 11.10.2 of this Subchapter, have been designated as Areas of Particular Concern. The Council recognizes the importance of these areas to marine transportation, navigation and other activities in the Ocean SAMP area. See Part 11 of this Subchapter, The Policies of the Ocean SAMP, for requirements associated with Areas of Particular Concern.

B.The Council shall consult with the U.S. Coast Guard, the U.S. Navy, marine pilots, the Fishermen’s Advisory Board as defined in§ 11.3(E) of this Subchapter, fishermen’s organizations, and recreational boating organizations when scheduling offshore marine construction or dredging activities. Where it is determined that there is a significant conflict with season-limited commercial or recreational fisheries activities, recreational boating activities or scheduled events, or navigation uses, the Council shall modify or deny activities to minimize conflict with these uses.

C.The Council shall require the assent holder to provide for communication with commercial and recreational fishermen, mariners, and recreational boaters regarding offshore marine construction or dredging activities. Communication shall be facilitated through a project website and shall complement standard U.S. Coast Guard procedures such as Notices to Mariners for notifying mariners of obstructions to navigation.

D.Where possible, offshore developments should be designed in a configuration to minimize adverse impacts on other user groups, which include but are not limited to: recreational boaters and fishermen, commercial fishermen, commercial ship operators, or other vessel operators in the project area. Configurations which may minimize adverse impacts on vessel traffic include, but are not limited to, the incorporation of a traffic lane through a development to facilitate safe and direct navigation through, rather than around, an offshore development

E.Any assent holder of an approved offshore development shall work with the Council when designing the proposed facility to incorporate where possible mooring mechanisms to allow safe public use of the areas surrounding the installed turbine or other structure.

F.The facility shall be designed in a manner that minimizes adverse impacts to navigation. As part of its application package, the project applicant shall submit a navigation risk assessment under the U.S. Coast Guard’s Navigation and Vessel Inspection Circular 02-07, “Guidance on the Coast Guard’s Roles and Responsibilities for Offshore Renewable Energy Installations.”

G.Applications for projects proposed to be sited in state waters pursuant to the Ocean SAMP shall not have a significant impact on marine transportation, navigation, and existing infrastructure. Where the Council, in consultation with the U.S. Coast Guard, the U.S. Navy, NOAA, the U.S. Bureau of Ocean Energy Management, Regulation and Enforcement, the U.S. Army Corps of Engineers, marine pilots, the R.I. Port Safety and Security Forums, or other entities, as applicable, determines that such an impact on marine transportation, navigation, and existing infrastructure is unacceptable, the Council shall require that the applicant modify the proposal or the Council shall deny the proposal. For the purposes of this Part, impacts will be evaluated according to the same criteria used by the U.S. Coast Guard, as follows; these criteria shall not be construed to apply to any other Ocean SAMP chapters or policies:

1.Negligible: No measurable impacts.

2.Minor: Adverse impacts to the affected activity could be avoided with proper mitigation; or impacts would not disrupt the normal or routine functions of the affected activity or community; or once the impacting agent is eliminated, the affected activity would return to a condition with no measurable effects from the proposed action without any mitigation.

3.Moderate: Impacts to the affected activity are unavoidable; and proper mitigation would reduce impacts substantially during the life of the proposed action; or the affected activity would have to adjust somewhat to account for disruptions due to impacts of the proposed action; or once the impacting agent is eliminated, the affected activity would return to a condition with no measurable effects from the proposed action if proper remedial action is taken.

4.Major: Impacts to the affected activity are unavoidable; proper mitigation would reduce impacts somewhat during the life of the proposed action; the affected activity would experience unavoidable disruptions to a degree beyond what is normally acceptable; and once the impacting agent is eliminated, the affected activity may retain measurable effects of the proposed action indefinitely, even if remedial action is taken.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-17 to 01/04/2022
• Technical Revision — effective from 2012-03-08 to 08/17/2018 Click here to view previous versions of this Part.

650-RICR-20-05-8 RICRMP: Ocean SAMP - Chapter 8 - Renewable Energy and Other Offshore Development

650-RICR-20-05-8 § 8.1 Authority

A.As authorized by the federal Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 through 1466) and R.I. Gen. Laws Chapter 46-23 the Coastal Resources Management Council may implement special area management plans.

B.The regulations herein constitute a RICR regulatory component of the Ocean Special Area Management Plan (SAMP) Chapter 8 - Renewable Energy and Other Offshore Development, and must be read in conjunction with the other RICR regulatory components and chapters of the Ocean SAMP for the full context and understanding of the CRMC’s findings and policies that form the basis and purpose of these regulations. The other RICR regulatory components and chapters of the Ocean SAMP should be employed in interpreting the regulations herein and R.I. Gen. Laws § 46-23-1, et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-02 to 01/04/2022
• Amendment — effective from 2013-05-07 to 06/02/2018
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-8 § 8.2 Purpose

The purpose of these rules is to carry out the responsibilities of the Coastal Resources Management Council in establishing the Ocean Special Area Management Plan (SAMP) for the offshore waters (beyond 3 nautical mile state water boundary) within the geographic location description (GLD) and to provide the regulatory framework for promoting a balanced and comprehensive ecosystem-based management approach to the development and protection of Rhode Island’s ocean-based resources. In addition, these rules establish the regulatory standards and enforceable policies within the GLD for purposes of the federal Coastal Zone Management Act federal consistency provisions pursuant to 16 U.S.C. § 1456 and 15 C.F.R. Part 930.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-02 to 01/04/2022
• Amendment — effective from 2013-05-07 to 06/02/2018
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-8 § 8.3 Definitions

A.“Area of potential effect” or “APE” means the areas within which a project may directly or indirectly alter the character or use of historic properties as defined under the federal National Historic Preservation Act (36 C.F.R. §§ 800.1 through 800.16).

B.“Certified verification agent” or “CVA” means an independent third-party agent that shall use good engineering judgment and practices in conducting an independent assessment of the design, fabrication and installation of the facility.

C.“Construction and operations plan” or “COP” means a plan that describes the applicant’s construction, operations, and conceptual decommissioning plans for a proposed facility, including the applicant’s project easement area.

D.“Ecosystem based management” or “EMB” means an integrated approach to management that considers the entire ecosystem, including humans. The goal of EBM is to maintain an ecosystem in a healthy, productive and resilient condition that provides the services humans want and need.

E.“Enforceable policy” means State policies which are legally binding through constitutional provisions, laws, regulations, land use plans, ordinances, or judicial or administrative decisions, by which a State exerts control over private and public land and water uses and natural resources in the coastal zone.

F.“Geographic location description” or “GLD” means a geographic area in federal waters, consistent with the Ocean SAMP study area, where certain federal agency activities, licenses, and permit activities pursuant to 15 C.F.R. Part 930 Subparts D and E will be subject to Rhode Island review under the Coastal Zone Management Act (CZMA) federal consistency provisions.

G.“Large-scale offshore developments” means:

1.offshore wind facilities (5 or more turbines within 2 km of each other, or 18 MW power generation);

2.wave generation devices (2 or more devices, or 18 MW power generation);

3.instream tidal or ocean current devices (2 or more devices, or 18 MW power generation);

4.offshore LNG platforms (1 or more);

5.artificial reefs (1/2 acre footprint and at least 4 feet high); and

6.outer continental shelf (OCS) exploration, development, and production plans, except for projects of a public nature whose primary purpose is habitat enhancement.

H.“Marine spatial planning” or “MSP” means the process by which ecosystem-based management is organized to produce desired outcomes in marine environments.

I.“Site assessment plan” or “SAP” means a pre-application plan that describes the activities and studies the applicant plans to perform for the characterization of the project site.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-02 to 01/04/2022
• Amendment — effective from 2013-05-07 to 06/02/2018
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-8 § 8.4 Potential Effects on Existing Uses and Resources in the Ocean SAMP Area (formerly § 850)

A.Offshore renewable energy may potentially affect the natural resources and existing human uses of the Ocean SAMP area. Some effects may be negative, resulting in adverse impacts on these resources and uses. Alternatively, other effects may be neutral, producing no discernible impacts, while others may be positive, resulting in enhancements to the environment or to offshore human uses. The degree to which offshore renewable energy structures may affect the natural environment or human activities in the area varies in large part on the specific siting of a project. Careful consideration when planning the location of an offshore renewable energy facility, as well as the use of appropriate mitigation strategies during the construction, operation and decommissioning stages can minimize any potential negative impacts (MMS 2007a).

B.To date, most research on the potential effects of offshore renewable energy installations has been conducted in Europe, though some research has been conducted during the review of the proposed offshore wind farm project in Nantucket Sound by Cape Wind, LLC (MMS 2009a; U.S. Coast Guard 2009; Technology Service Corporation 2008). In anticipation of future offshore renewable energy development within the U.S., BOEM has identified potential impacts and enhancements of such development on marine transportation, navigation and infrastructure in the “Programmatic Environmental Impact Statement for Alternative Energy Development and Production” (PEIS) (MMS 2007a). These sources, as well as other scientific literature and relevant reports have informed this synthesis of the potential effects on existing resources and uses in the Ocean SAMP area. Where possible, research conducted as a part of the Ocean SAMP process has been incorporated to help further assess the potential for effects within the Ocean SAMP study area.

C.As presented in § 810.3, offshore wind energy currently represents the greatest potential for utility-scale offshore renewable energy in the Ocean SAMP area. For that reason, the focus of this section is mainly on the potential effects from the development of offshore wind energy facilities. However, many of the potential effects discussed may be similar across all forms of offshore renewable energy development and offshore marine construction in general.

D.While this section is meant to provide a summary of all potential effects of offshore renewable energy development, the potential effects of a particular project will be thoroughly examined as part of the review conducted under the National Environmental Policy Act (NEPA). The review process includes: an analysis of alternatives, an assessment of all environmental, social, and existing use impacts (i.e. ecological, navigational, economic, community-related, etc.), a review for regulatory consistency with other applicable federal laws and the implementation of mitigation measures. See § 820.4 and Chapter 10, Existing Statutes, Regulations, and Policies for more information on the NEPA review process, as well as other state and federal reviews and regulations relevant to offshore wind energy development.

E.This section begins with an examination of the potential effects of offshore renewable energy development on the physical environment through a discussion of the potential for avoided air emissions and the potential effects on coastal processes. Next, the potential effects of offshore renewable energy development on the ecological resources, including the benthic ecology, avian species, sea turtles, marine mammals and fish. Potential effects to human uses are then examined through a discussion of cultural and historic resources, commercial and recreational fishing activities, recreation and tourism and lastly marine transportation, navigation and infrastructure. The final section considers the potential cumulative effects of offshore renewable energy development.

8.4.1Avoided Air Emissions (formerly § 850.1)

A.The development of an offshore wind farm or any other offshore renewable energy project would have implications for air emissions within the state. While the development of a project will produce some air emissions (especially during the construction stage), a renewable energy project, by not burning fossil fuels, will produce far fewer emissions of carbon dioxide and conventional air pollutants. This section summarizes the effects of air emissions produced and avoided by the development of an offshore renewable energy project.

B.Air emissions produced during conventional fossil fuel energy production include carbon dioxide, sulfur dioxide, nitrogen oxides, volatile organic compounds, particulate matter, and carbon monoxide. These pollutants have been demonstrated to have detrimental impacts to human health and the environment. Exposure to poor air quality is a major health risk and health cost in the United States. Smog and particle pollution are the cause of decreased lung function, respiratory illness, cardiovascular disease, increased risk of asthma, and the risk of premature death (U.S. Department of Energy 2008). The largest sources of sulfur dioxide emissions are from fossil fuel combustion at power plants; sulfur dioxide has been linked to respiratory illnesses and is a major contributor to acid rain (U.S. EPA Office of Air and Radiation 2009). Nitrogen oxides combine with volatile organic compounds (VOCs) to form ozone, a major component of smog. Ozone can cause a number of respiratory problems in humans, and can also have detrimental effects on plants and ecosystems, including acid rain. Additionally, nitrogen dioxide has also been shown to cause adverse respiratory effects (U.S. EPA Office of Air and Radiation 2009). The effects of carbon dioxide emissions, the major contributor to global climate change, are discussed in further detail in Chapter 3, Global Climate Change.

C.The process of siting, constructing, and decommissioning an offshore renewable energy project of any kind would entail some adverse impacts to air quality through the emission of carbon dioxide and conventional pollutants. Construction activity in the offshore environment would require the use of fossil fuel-powered equipment that will result in a certain level of air emissions from activities including pile installation, scour protection installation, cable laying, support structure and turbine installation, and other activities required for the development of a wind farm. During the pre-construction and installation stages, there would be some air emissions in the Ocean SAMP area from fossil fuel fired mobile sources such as ships, cranes, pile drivers and other equipment. Decommissioning would also result in some air emissions from the activities involved in the removal of the wind turbines, although emissions from decommissioning would be lower than those involved in construction (MMS 2009a). The size of an offshore renewable energy facility’s carbon footprint will vary depending on the project, as the carbon footprint of a facility depends on project specific factors (e.g. size, location, technology, installation techniques, etc.) Any calculation of carbon footprint would include the pre-construction, construction, operation, and decommissioning phases of a project.

D.When considering the benefits of wind power displacing electricity generated from fossil fuels, the carbon dioxide (CO2) emissions of manufacturing wind turbines and building wind plants need to be taken into account as well. White and Kulsinski (1998) found that when these emissions are analyzed on a life-cycle basis, wind energy’s CO2 emissions are extremely low—about 1% of those from coal and 2% of those from natural gas, per unit of electricity generated. The American Wind Energy Association has calculated that a single 1 MW wind turbine (operating at full capacity for one year) has the potential to displace up to 1,800 tons (1633 MT) of CO2 per year compared with the current U.S. average utility fuel mix (made up of oil, gas, and coal) burned to produce the same amount of energy (AWEA 2009). The generation of renewable wind energy will result in avoided future emissions of CO2 and will allow Rhode Island to meet targets set by the Regional Greenhouse Gas Initiative (RGGI) (See § 810.1).

E.Developing offshore renewable energy sources in the form of wind turbines would have a positive impact on air emissions by displacing future air emissions caused by generating electricity. The level of avoided air emissions, and the net impact from renewable energy, will be dependent upon the future demands for electricity in Rhode Island, and the proportion of this which can be met by offshore wind farms and other renewable energy sources. At the very least, an offshore wind farm would have the effect of reducing the need for adding capacity for fossil-fuel generating plants in Rhode Island and throughout New England. At present, roughly 99% of the energy generated within Rhode Island comes from combined cycle natural gas, which is considered a marginal generator, in that it provides variable output which can easily be adjusted to meet demand (ISO New England Inc. 2009c). NOx is the principal pollutant of concern for gas fired energy generation (MMS 2009a). Much of the electricity used within Rhode Island comes from the Brayton Point Power Station in Somerset, MA, the largest fossil-fueled generating facility in New England. The Brayton Point Power Station has three units that use coal and one that uses either natural gas or oil, for a combined output of over 1500 MW (Dominion 2010). The additional energy production from wind turbines would be more likely to result in avoided air emissions from natural gas plants, which are marginal and would produce less energy in the event demand was lowered because of the additional output of wind turbines. Wind energy is also a marginal source, because wind speeds and thus energy output varies. The Brayton Point Power Station, which because of its reliance on coal is mostly a baseload generator, or one that does not change short term output depending on demand (because of the difficulties in doing so), would likely continue to produce energy at the same rate. Thus air emissions from this plant would not be avoided, at least in the short term.

F.A second important benefit of switching to a zero-emission energy generation technology like wind power is impact on air quality through reduced levels of nitrogen oxides, sulfur dioxide, and mercury emitted in electrical energy generation using fossil fuels. The Cape Wind FEIS determined that a wind farm would result in the net reduction in emissions of NOx, a precursor of ozone, although only a slight reduction because of the levels of NOx still being produced by power sources elsewhere (MMS 2009a). The emissions of sulfur dioxide and nitrogen oxides have declined significantly since the early 1990s (ISO New England Inc. 2009c). However, there still may be a benefit in terms of avoided future increases in emissions of NOx and other pollutants if a project can meet increasing future energy demands. A reduction in these pollutants will have positive health effects for residents of the state of Rhode Island from the perspective of avoiding future respiratory illnesses.

8.4.2Coastal Processes and Physical Oceanography (formerly § 850.2)

A.The following section summarizes the general potential effects of a renewable energy project on coastal processes and physical oceanography in the Ocean SAMP area. The introduction of a number of large structures into the water column may have an effect on coastal processes such as currents, waves, and sediment transport. The potential effects to coastal processes as a result of offshore renewable energy development are dependent on the size, scale and design of the facility, as well as site specific conditions (i.e., localized currents, wave regimes and sediment transport). As a result, the potential effects will vary between projects and may even vary between different parts of a project site.

B.The potential effect of offshore renewable energy structures in the water column on currents and tides have been examined using modeling techniques. Modeling of the proposed Cape Wind project found that the turbines would be spaced far enough apart to prevent any wake effect between piles; any effects would be localized around each pile (MMS 2009a). The analysis of Cape Wind demonstrated that the flow around the monopiles (which range in diameter from 3.6-5.5 m [11.8-18.0 feet] wide) would return to 99% of its original flow rate within a distance of 4 pile diameters (approximately 14.4-22 m [47.2-72.2 feet]) from the support structure (ASA 2005). Both of these studies, however, are representative of monopile wind turbine subsurface structure and may not be directly applicable to jacket-style foundations. The potential localized effects of lattice jacket structures on the hydrodynamics are likely to be even less compared to that found with monopiles as pile diameters for lattice jackets are much smaller (1.5 m [4.9 feet]) than monopiles (4-5 m [13-16.5 feet] diameter). Furthermore, the spacing between the turbines using lattice jacket support structures will be much greater than the 4 pile diameters. However, the effects of currents may be site-specific, as there could be localized currents or other conditions that could affect or be affected by the presence of wind turbines; site specific modeling may be necessary to determine impacts.

C.One predicted potential effect of wind turbines has been changes to the wave field from diffraction caused by the monopiles, and resulting changes to longshore sediment transport (CEFAS 2005). A study of the wave effects at Scroby Bank, located in the North Sea off the U.K., found no significant effects to the wave regime (CEFAS 2005). Modeling of the effects of wind farms on waves found a reduction in wave height on average of 1.5% in the region, and maximum localized amplification of wave heights at the site of the wind farm of about 0.0158 m (0.6 inches). As the modeled wind farm was moved further from shore, the wave height amplification decreased (ABP Marine Environmental Research Ltd 2002). Modeling for the Cape Wind project found that the largest wave diffraction occurred for small waves with low bottom velocities that did not cause significant sediment transport; larger waves were not affected by the presence of the turbines. Overall, the models found that the presence of turbines would have a negligible impact on wave conditions in the area (MMS 2009a). Because there are no significant changes predicted for tides and waves, there are not expected to be significant effects to sediment movement or deposition along the coastline (ABP Marine Environmental Research Ltd 2002).

D.Preliminary scaling estimates for the cumulative generation of water column turbulence due to wakes behind subsurface pilings, using parameters applicable to Ocean SAMP waters and a 100-turbine wind power generation field, suggests their influence on vertical mixing could be comparable to that due to bottom friction (Codiga and Ullman 2010c). The known persistence of stratification in much of the Ocean SAMP region during summertime suggests that bottom friction is relatively weak, and thus the effects of platform pilings are not expected to produce major, large scale changes in water column stratification. However, additional research is needed to address the extent to which the spatial patterns and seasonal cycle of stratification in Ocean SAMP waters could potentially be altered by the presence of arrays of various types (pilings, lattice jackets, etc.) of subsurface structures as infrastructure for renewable energy generation devices.

E.The turbine foundations may increase turbulence and disrupt flow around the structures, potentially causing local erosion around the structures, or “scour”. This process is caused by the orbital motion of water produced by waves and currents, and the vortices that result as the water flows around the pile of a wind turbine or another structure (MMS 2009a). Scour often results in the erosion of the sediments supporting the structure as they are transported elsewhere, forming a hole at the base. Scour can also affect sediments in areas between structures where multiple structures are present, also known as “global scour”. However, because of the distances required between turbines, it has often been assumed that global scour will be limited (MMS 2007b). In addition, the use of scour protection such as boulders, grout bags or grass mattresses may be used to minimize the effects if scouring on the seafloor (MMS 2007a).

F.The seabed disturbance during construction and from scour may result in changes to sediment grain size. Smaller grains may be transported if suspended during disturbance, leaving only grains too large to be transported to remain. This could affect the structure of the benthic habitat and its associated community (MMS 2007b).

G.The placement of submarine cables will have limited and localized effects on seafloor sediments. Jet plowing, the method most likely to be used in the Ocean SAMP area, will likely result in the resuspension of bottom sediments into the water column. Heavier particles will settle in the immediate area of the activity, but finer particles are likely to travel from the disturbed area. These effects will be relatively small and short-term, however. Modeling of sedimentation during the cable laying process for the Cape Wind project found that sediment would settle within a few hundred yards of the cable route (MMS 2009a). In some cases, where suspended sediment levels are already high in the vicinity because of storms, areas of mobile surface sediment, or fishing activities such as trawling, the additional increase in sediments from cable-laying will probably not be significant. Once it is buried, the cable will not likely have any significant effect on sediments as long as it remains buried (ABP Marine Environmental Research Ltd 2002). If the cable becomes exposed, increased flow could occur above the cable, resulting in localized sediment scour (MMS 2009a).

H.The cable laying process would form a seabed scar from where the jet plow passed over. In some areas the scar may recover naturally, over a period of days to months or years depending on local tidal, current, and sediment conditions at various points along the cable route (MMS 2009a). However, depending on extent and depth of scars and the site specific conditions, areas which may not recover naturally may require the bathymetry to be restored to minimize impacts.

I.Studies on the effects of radiated heat from buried cables have found a rise in temperature directly above the cables of 0.19ºC [0.342 ºF] and an increase in the temperature of seawater of 0.000006ºC [0.0000108 ºF]. This is not believed to be significant enough to be detectable against natural fluctuations (MMS 2009a).

J.Overall, it is unlikely that wind farms will have a significant effect on wave, current, and sediment processes overall, with only small effects within the areas of the wind farms. The further to sea the wind farm is located, and the deeper water it is in, the lesser the effects to coastal processes are likely to be (ABP Marine Environmental Research Ltd 2002).

8.4.3Benthic Ecology (formerly § 850.3)

A.Offshore renewable energy development in the Ocean SAMP area, especially offshore wind energy development, may potentially affect the benthic ecology of a project site by: disturbing benthic habitat during construction activities; introducing hard substrate that may be colonized and produce reef effects, or alter community composition; generate noise or electromagnetic fields that may affect benthic species; or impacting the water quality of an area during the installation or operation of a facility. This section summarizes the general potential effects of a renewable energy project on the Ocean SAMP area’s benthic ecosystem; potential effects of these phenomena on species groups (e.g., birds, marine mammals, and finfish) are detailed below in separate sections.

B.Undoubtedly, the construction of large, offshore structures will result in effects to coastal processes and to benthic habitats and species, at least in the immediate vicinity of the turbine installation. However, it may be a challenge to accurately assess changes in the benthic ecology of the Ocean SAMP area unless a good baseline is established. Studies of European offshore renewable energy projects, the PEIS (MMS 2007a) and the Cape Wind FEIS (MMS 2009a) provide some insight into the range of potential ecological effects offshore wind energy development, though the specific effects produced within the Ocean SAMP area will vary depending on site specific conditions and the size and design of the proposed project.

C.Benthic habitat disturbance (formerly § 850.3.1)

1.The PEIS indicates that habitat disturbance may result through the construction of offshore renewable energy infrastructure (MMS 2007a). Here, habitat disturbance is used broadly to refer to sediment disturbance and settling; increased turbidity of the waters in the construction area; and the alteration or loss of habitat from installation of infrastructure including piles, anti-scour devices, and other structures.

2.Sediment disturbance caused by the installation of foundations or underwater transmission cables may result in the smothering of some benthic organisms as suspended sediments resettle onto the seafloor (MMS 2007a). Smothering would primarily affect benthic invertebrates as most finfish and mobile shellfish would move to nearby areas to avoid the construction site (MMS 2007a). The eggs and larvae of fish and other species may be particularly susceptible to burying (Gill 2005). Smaller organisms are more likely to be affected than larger ones, as larger organisms can extend feeding and respiratory organs above the sediment (BERR 2008). Sediment also has the potential to affect the filtering mechanisms of certain species through clogging of gills or damaging feeding structures; however, most species in the marine environment likely have some degree of tolerance to sediment and this effect is likely to be minimal (BERR 2008). In the Ocean SAMP area, species that may be impacted by the settling of sediments include eastern oysters (Crassostrea virginica) and northern quahogs (Mercenaria mercenaria), among others, resulting in mortality or impacts to reproduction and growth (MMS 2009a).

3.In addition to the disturbance of sediments, construction of the foundation substructure and the installation of cables may result in increased turbidity in the water column. This may in turn affect primary production of phytoplankton and the food chain; however, these effects are likely to be short-term and localized, as sediments will likely settle out after a few hours or be flushed away by tidal processes (MMS 2009a). Increased turbidity in a project area is generally temporary and will subside once construction has been completed (Johnson et al. 2008). Sediment suspension times will vary according to particle size and currents. In Nantucket Sound, sediments were predicted to remain suspended for two to eighteen hours, and the amount of sediment suspended would be minimal compared with normal sediment transport within the region due to typical tidal and current conditions (MMS 2009a). This may impact the abundance of planktonic species by decreasing the availability of light in the water column. Sediment suspended during the construction or decommissioning activities and transported by local currents may result in impacts to neighboring habitats, perhaps posing a temporary risk of smothering to nearby benthic species. Sediment transport in the Ocean SAMP area will need to be further modeled to predict the potential effects to turbidity from construction of offshore wind turbines.

4.Habitat conversion and loss may result from the physical occupation of the substrate by foundation structures or scour protection devices. Steel foundations and scour protection devices, which may be made up of rock or concrete mattresses, may modify existing habitat, or create of new habitat for colonization (Johnson et al. 2008). The direct effects of these hard structures to the seabed are likely to be limited to within one or two hundred meters of the turbine (OSPAR 2006). Additionally, cables will need to be installed between turbines, and this will require temporarily disturbing the sediment between the turbines. The total area of seabed disturbed by wind turbine foundations is relatively small compared to the total facility footprint. The scour protection suggested for the Cape Wind project around each monopile vary depending on the pile and the location, though the total scour protection area of 47.82 acres (0.19 square kilometers). Compared to the total footprint of the Cape Wind project (64 km2 or 15,800 acres), the area affected by scour protection equals only 0.3% (MMS 2009a).

5.In addition to physically changing benthic habitat, the placement of wind turbines, especially in large arrays, may alter tidal current patterns around the structures (see § 8.4.2 of this Part, Coastal Processes and Physical Oceanography), which may affect the distribution of eggs and larvae (Johnson et al. 2008). However, a study of turbines in Danish waters found little to no impact on native benthic communities and sediment structure from a change in hydrodynamic regimes (DONG Energy et al. 2006). Studies conducted at wind farms in the North Sea did not find significant changes in the benthic community structure that could be related to changes in the hydrodynamics as a result of the placement of in-water wind turbine structures (DONG Energy et al. 2006). See Chapter 2, Ecology of the SAMP Region for more information on physical oceanography and primary production in the Ocean SAMP area.

6.The installation and burial of submarine cables can cause temporary habitat destruction through plowing trenches for cable placement, and may cause permanent habitat alteration if the top layers of sediment are replaced with new material during the cable-laying process, or if the cables are not sufficiently buried within the substrate. Likewise, cable repair or decommissioning can impact benthic habitats. The effect of the cables will depend on the grain size of sediments, hydrodynamics and turbidity of the area, and on the species and habitats present where the cable is being laid. Cables are usually buried in trenches 2 m (6.6 feet) wide and up to 3 m (9.8 feet) in depth (OSPAR 2008). Disturbance to the seabed during cable-laying may also result from anchor and chain damage from the installation barge, as the barge will have to repeatedly anchor along the length of the cable route (MMS 2007b). In addition, sediments disturbed in the cable-laying process may contain contaminants, and these may be dispersed in the process. However, most contaminated sediments are likely to be found close to the coast, unless the cable route passes close to a disposal site (BERR 2008).

7.In many cases, the seabed is expected to return to its pre-disturbance state after cable installation. The extent of the impacts from cable laying may depend on the amount of time it takes for the natural bathymetry to recover. Post-construction monitoring may be used to track the recovery of a project site. On rock or other hard substrates where the seabed may not recover easily, backfilling may be required, or else permanent scarring of the seabed may result. Scars along the bottom may impact migration for benthic animals. Species found in rock habitats tend to be sessile (permanently attached to a substrate), either encrusting or otherwise attached to the rock, and are therefore more susceptible to disturbance (BERR 2008). Clay, sand, and gravel habitats are typically less affected. Undersea cables can also cause damage to benthic habitat if allowed to “sweep” along the bottom while being placed in the correct location (Johnson et al. 2008). Initial re-colonization of the site by benthic invertebrates takes place rapidly, sometimes within a couple of months (BERR 2008). In deeper waters, where disturbance of the seabed occurs with less frequency, recovery to a stable benthic community can take longer than in shallow waters, sometimes years. Generally, the effect on the benthic ecology will not be significant if the cabling is done in areas where the habitat is homogenous. However, if the cabling activity takes place in areas of habitat that are rare or particularly subject to disturbance, the effects could be greater (BERR 2008). The most serious threats are to submerged aquatic vegetation, which serves as an important habitat for a wide variety of marine species. Shellfish beds and hard-bottom habitats are also especially at risk (Johnson et al. 2008). Shellfish in particular are usually not highly mobile, and cannot relocate during the cable-laying process. Biogenic reefs made up of mussels or other shellfish may become destabilized if plowing for cable-laying damages the reefs (BERR 2008).

8.The magnitude of the habitat disturbance effects depends on the duration and intensity of the disturbance, and on the resilience of species living within the sediment (Gill 2005). The expected effects are a local loss of sedentary fauna living in the substrate, with mobile bottom-dwellers being displaced from the area (Gill 2005). During the construction and decommissioning phases of a project, the eggs and larvae of many fish species may be vulnerable to being buried or removed. After the activity has ceased, recolonization may take months or years (Gill 2005). Studies conducted on Danish wind farms found the effects on benthic communities from burial by sediment were minimal when monopiles were used, and the effects were both temporary and had limited spatial distribution. Effects to the benthic community were limited primarily to the area immediately surrounding the pile driving activity (DONG Energy et al. 2006). Studies of the effects of sediment displacement from cable laying found macro algae and benthic infauna were still recovering two years after the activity had ceased (DONG Energy et al. 2006).

9.The recovery period, or the time required for an area disturbed by construction related activities to return to its pre-construction state, will vary between sites. For example, research on the effects of trawling on the seabed have found that benthic communities in habitats already subject to high levels of natural disturbance will be less affected by trawling disturbance than more stable communities (Hiddink et al. 2006). Typically, habitats such as coarse sands are in general more dynamic in nature and therefore recover more rapidly after disturbance than more stable habitat types where physical and biological recovery is slow (Dernie et al. 2003). Disturbance from the construction of wind turbine towers and laying cable is likely to produce similar results. A few studies of dredging found that recovery times are roughly six to eight months for estuarine muds, two to three years for sand and gravel bottoms, and up to five to ten years for coarser substrates (e.g. Newell et al. 1998).

10.See below for the potential effects of benthic habitat disturbance on Ocean SAMP area species including birds, sea turtles, marine mammals, and fisheries resources.

D.Reef effects (formerly § 850.3.2)

1.Offshore renewable energy development, especially offshore wind development, will result in the presence of man-made structures in the water column and on the seafloor. These hard structures, such as the foundation structures and scour protection devices, will introduce new habitat into the area that did not previously exist. In this way, wind turbine structures may serve as artificial reefs, in providing surfaces for non-mobile species to grow on and shelter for small fish (Wilhelmsson et al., 2006). Any man-made structure in the marine environment is usually rapidly colonized by marine organisms (Linley et al., 2007). Fouling communities will colonize the hard structure and will create new pathways for nutrients to be moved from the water column to the benthos (Gill and Kimber 2005). Once a structure such as a wind turbine has been erected, it increases the heterogeneity of the habitat. The physical structure represents more colonization opportunities for invertebrates, as they have more surface area. This in turn increases the number of food patches available, as food resources generally are not uniformly distributed in coastal waters (Gill and Kimber 2005). This will cause a fundamental shift in the overall food web dynamics of the ecosystem, and may result in further shifts in benthic community diversity, biomass and organic matter recycling (Gill and Kimber 2005). Because some European offshore renewable energy facilities have been closed to fishing activity (see § 8.4.8 of this Part, Commercial and Recreational Fishing), the ecological effects observed in these facilities may be in part due to decreased fishing disturbances. Researchers in the North Sea (DONG Energy et al., 2006) found that a reduction in fishing activity complicates their ability to assess ecological change from wind farm development; there is no good information for ecosystem functioning prior to or without fishing activity impacts and therefore difficult to establish any cause-and-effect.

2.In places where the wind turbines are under threat from erosion, large boulders are often used as scour protection; these also serve as an artificial reef of their own (Petersen and Malm 2006). Scour protection also provides hard surfaces for colonization by fouling communities, as well as providing crevices and structural complexity likely to attract fish and invertebrate species seeking shelter (MMS 2007b).

3.It has been found that although colonizing communities on offshore structures may vary depending on geographic location and a number of other factors after initial colonization, the differences are likely to decrease over the years as more stable communities develop (Linley et al. 2007). Colonizing communities will develop through the process of succession, where early colonizing species are subsumed by secondary colonizers, leading to what is known as the climax community, or the stable end point in the colonization process. It may take five to six years for the climax community to develop at a given site (Whomersley and Picken 2003, in Linley et al. 2007).

4.The changes likely to be brought about by the reef effect of the turbines are not universally considered to be beneficial. The changes in abundance and species composition could degrade other components of the system, potentially pushing out other species found in the particular habitat where construction is taking place. In particular, this could affect vulnerable or endangered species through factors such as loss of habitat, increased predation, or increased competition for prey as the composition of the benthic community shifts to that of a hard bottom community (Linley et al., 2007).

5.The diversity and biomass of the colonized structures will depend in part on the choice of material, its roughness (rugosity), and overall complexity. Concrete attracts benthic organisms; however, when used in sub-marine construction, it is often coated with silane or silicone, which deters the settling of organisms. Smooth steel monopiles, which are often painted, tend to attract barnacles (Balanus improvisus) and filamentous algae (Petersen and Malm 2006). The scaffolding used for oil and gas rigs provides more structural complexity than monopile foundations; the same is likely to be true for a jacketed structure for a wind turbine. These rougher, complex structures offer more protection from predators and from high velocities and scour (MMS 2009a).

6.Another factor influencing the colonization of wind turbine structures will be the orientation of the structures to the prevailing currents. Current speed and direction can influence food availability, oxygen levels and the supply of larval recruits to an area. As a result, structures more exposed to local currents may be more colonized than other installations within the facility. Furthermore, structures with more complex shapes will offer a greater range of localized hydrographic conditions, offering more potential for colonization and greater biodiversity (Linley et al. 2007). Colonization of structures will be dependent on sufficient numbers of larvae present in the area, and on suitable environmental conditions (Linley et al. 2007).

7.Often barnacles are the first colonizers of the intertidal zone, while algae such as red seaweeds and kelp, along with mussels, will dominate colonization starting at 1 to 2 meters below the surface. Colonies based on mussels will also attract scavengers such as starfish and flounder. In addition to mussels, some structures may instead be colonized by a grouping of species including anemones, hydroids, and sea squirts. The larvae present in the water column will vary depending on the time of year, so colonization may be dependent on the time of year in which the structures are erected. Community structure will also be dependent on the presence of predators and on secondary colonizers (Linley et al. 2007). Other species found within the Ocean SAMP area that are likely to be early colonizers include algae, sponges, and bryozoans, and other secondary colonizers are likely to include polychaetes, oligochaetes, nematodes, nudibranchs, gastropods, and crabs (MMS 2009a). These substantial colonies of invertebrates will attract fish to the structures, resulting in a reef effect around the support structures. For more on reef effects and the attraction of fish, see § 8.4.7(G) of this Part below.

8.Studies conducted in Denmark (Dong Energy et al. 2006) at two wind farms sites (Nysted, 76 turbines; Horns Rev, 80 turbines) has shown major changes in community structure of the offshore ecosystem from one based on infauna, or invertebrates that live within the substrate, to that of a hard bottom marine community and a commensurate increase in biomass by 50 to 150 times greater.

9.Wind turbines in the Baltic Sea built on monopiles are almost entirely encrusted with a monoculture of blue mussels (Mytilus edulis), which may be the result of a lack of predation and competition from other species (Petersen and Malm 2006), as well as from low salinity in the area where the turbines have been constructed. Mussels provide a hard substratum used by macroalgae and epifauna, and therefore have the potential to induce further change in the ecosystem by providing more surface area for colonization. Colonization of wind farms will be determined partly through zonation, the distribution of various communities of organisms at different depths in the water column. A study of the Nysted offshore wind farm found high concentrations of blue mussels on the wind turbine foundations, with mussel biomass increasing closer to the surface, although in the highest zonation, in the upper one meter of depth, the foundation was instead colonized by barnacles. The biomass of barnacles was determined, through modeling techniques, to be seven to eighteen times higher on the foundation close to the surface than on the scour protection. The extent to which these mussels serve as an artificial reef and increase productivity and biomass will depend on the ecosystem feedback between the mussel colonies and the pelagic and benthic environments around them, such as whether other invertebrates colonize the mussels, and whether fish and other animals utilize these colonies for food and shelter (Maar et al. 2009). On oil and gas platforms in California, the structures are encrusted with mussels, at least at depths above 100 feet (30.5 m); as mussels are knocked off the platforms and accumulate at the bottom, they create shell mounds on the seafloor which provide a secondary habitat for fish and other species (Love et al. 2003).

10.A study of the effects of the Horns Rev wind farm in Denmark found a shift in the benthic community from the indigenous infaunal community to an epifouling community associated with hard bottom habitats as both the monopiles and the scour protection were colonized by algae and invertebrates. Two species of amphipods (Jassa marmorata and Caprella linearis) were the most abundant species found on the turbines, and a total of seven species of invertebrates, including the two amphipods, the common mussel (Mytilus edulis), a barnacle species (Balanus cretanus), the common starfish (Asteria rubens), the bristle worm (Pomatoceros triqueter), and the edible crab (Cancer pagurus) made up 94% of the total biomass on the structures. There were also eleven taxa of seaweeds found on the monopiles and the scour protection. The monopiles and scour protection were found to be hatchery or nursery grounds for a number of invertebrates, including crabs. The wind turbine substructure and scour protection were found to house two species of worms new to this area, and considered threatened elsewhere in the region. The result of this new community has been an estimated 60-fold increase in the availability of food for fish and other organisms in the area compared with the original benthic community (Leonhard and Pedersen 2005). For information on the potential future uses associated with the epifouling communities formed on offshore wind energy turbines see Chapter 9, Other Future Uses.

11.Conversely, one study conducted at the Nysted offshore wind farm in Denmark, found an overall decline in biomass measured over three years. The encrusting community at this site had evolved to become almost a monoculture of mussels. This particular area is brackish; the lack of sea stars, an important mussel predator, was attributed to the low salinity. Similar changes were observed at a test site; it was concluded that these were the result of natural variations rather than an effect of the wind turbines (MMS 2007b).

12.If scour holes form in the sea bed adjacent to the turbines, these holes may be attractive habitat to species such as crab and lobster, and to some fish species, furthering the reef effect of the structures (Rodmell and Johnson 2002). For more on effects on scour and the physical oceanography of the Ocean SAMP area from wind turbines, see § 8.4.2(E) of this Part.

13.If periodic cleaning of the encrusting organisms on the structure base occurs, the community will be more or less permanently in the early-colonization phase, and will not develop through succession into a more mature climax community with greater biodiversity. Instead, after each cleaning a new community will redevelop on the structure, with the species composition varying based on the season, depending on which larval species are present in the water column at the time. Moreover, if shells are periodically removed, the discarded debris may attract scavenging animals, and may serve to create new habitat on the seafloor where they accumulate (Linley et al. 2007).

14.The reef effect is particularly relevant to fisheries resources as well as other species groups; see sections on marine mammals, fish, and sea turtles below for further discussion.

E.Changes in community composition (formerly § 850.3.3)

1.Wind energy and other offshore renewable energy projects could have indirect ecological effects that could affect the benthic community. A change in the type and abundance of benthic species can be expected at the turbine sites, which will change food availability for higher trophic levels. Studies of habitat disturbance resulting from fishing or dredging activity have shown effects on local species diversity and population density; the effects of offshore renewable energy projects are likely to be similar (as suggested by Gill 2005). The magnitude of these effects depends on the duration and intensity of the disturbance, and on the resistance and resilience of species living within the sediment. The expected effects are a local loss of sedentary fauna living in the substrate, with non-sedentary bottom-dwellers being displaced from the area.

2.Because the placement of wind turbines will increase habitat for benthic species, the structures will have the effect of increasing local food availability, which may bring some fish and other mobile species into the area. This may increase use of the area by immigrant fauna. More adaptable species will probably dominate the area under these new ecological conditions. The change in prey size, type, and abundance in the vicinity of the structures may also affect predators. Predators moving into the area may result in prey depletion (Gill 2005).

3.The PEIS (MMS 2007a) indicates that the removal and deposition of benthic sediments associated with construction may result in the smothering of some benthic organisms within the footprint of the towers or along the cable route. Smothering would be a problem primarily for sedentary invertebrates as most finfish and mobile shellfish would be expected to move out of the way of incoming sediment (MMS 2007a). Studies conducted on Danish wind farms found the impacts on benthic communities from burial by sediment were minimal when monopile substructures were installed, and the impacts were both temporary and had limited spatial impact (DONG Energy et al. 2006). The recolonization of an area disturbed during the construction process may take months or years (Gill 2005). Studies of the impacts of sediment displacement from cable laying found macro algae and benthic infauna were still recovering two years after the activity had ceased (DONG Energy et al. 2006).

4.If fishing pressure is reduced in the areas around the turbines as a result of fewer fishing vessels in the vicinity of the turbines, this could have impacts on the community as a whole, both from a reduction on fishing mortality of some species and a resulting increase in predation by these species on others (MMS 2007b). For example, in the Horns Rev wind farm, an increase in bivalves and worms inside of the park was attributed to a decline in predation from scoters (a waterfowl species), who were avoiding the wind turbines (Leonhard and Pedersen 2005). At the Nysted wind farm in Denmark, densities of sand eels were found to increase by 300 percent between 2002 and 2004. The increase was likely attributable to either a decrease in sand eel predation, or a decrease in fishing mortality (Jensen et al. 2004, in MMS 2007b).

5.There is also a possibility that invasive species may colonize the structures (MMS 2007a). The disturbances caused by the placement of new structures may make the area more susceptible to invasion by non-native species (Petersen and Malm 2006). Monitoring at Denmark’s Horns Rev wind farm in 2004 found an invasive species of tube amphipod, Jassa marmorata, not previously seen in Denmark, to be the most abundant invertebrate found on hard bottom substrate in the area (DONG Energy and Vattenfall 2006).

6.Didemnum spp., a particularly aggressive invasive tunicate (sea squirt) of unknown origin, arrived in the New England region in the late 1980s and has become firmly embedded in the aquatic community from Eastport, ME to Shinnecock, NY (Bullard et al. 2007). There are no known, consistent predators of this species, which grows rapidly on hard structure to depths of 80 m (262.5 feet). This sea squirt could be problematic on new subsurface structures placed in the Ocean SAMP area, potentially colonizing the structure and competing with native species for planktonic food resources. Furthermore, this species is known to be able to regenerate entire individuals from fragments (Bullard et al. 2007), such as might be formed during maintenance procedures to control biofouling on wind turbine support structures, for instance. Didemnum is known to grow particularly well in areas that are well-mixed (Valentine et al. 2007); it is unknown if the turbulence created downstream of subsurface structure, wind turbine pilings for instance, would further promote conditions that favor this organism. See Chapter 2, Ecology of the SAMP Region for more information on invasive species in the Ocean SAMP area.

7.One study of the North Hoyle wind farm in the UK found that variability in benthic organisms taken from surveys around the wind farm pre- and post-construction was more likely related to natural variability, such as localized sediment composition, than to any effects caused by the construction or operation of the wind farm (NWP Offshore Ltd. 2007).

8.The decommissioning of wind turbines would also have significant ecological effects, as the new habitat and accompanying species are removed. Habitat heterogeneity would be immediately reduced, removing a large component of the benthic community (Gill 2005).

9.In summary, the significant human activity resulting from the wind turbines would be likely to have significant effects upon the food web, but just what those effects are is unknown.

10.See § 8.4.7(G) of this Part below for the potential effects of changes in community composition on fisheries and fishery resources.

F.Noise (formerly § 850.3.4)

1. Underwater noise may be generated during all stages of an offshore renewable energy facility, including during pre-construction, construction, operation and decommissioning. The potential effects of noise from offshore renewable energy are especially a concern for marine mammals and fish species (see §§ 8.4.5 and 8.4.7 of this Part) It is not understood whether the noise generated in the construction, operation, and decommissioning of a wind turbine array would have an effect on invertebrate species in the benthic environment. Few marine invertebrates have the sensory organs to perceive sound pressure, although many can perceive sound waves (Vella et al. 2001 in MMS 2007b). Studies on the potential impact of air guns on squid have found few behavioral or psychological effects unless the organisms are within a few meters of the source (MMS 2007b). If there is any effect to these species, it is likely to be much less than any potential effects to fish or marine mammals (Linley et al. 2007).

G.Electromagnetic fields (EMF) (formerly § 850.3.5)

1.Underwater transmission cables used to carry the electricity from an offshore renewable energy facility back to shore produce magnetic fields around the cables, both perpendicularly and in a lateral direction around the cable. While the design of industry standard AC cables prevents electric field emissions, magnetic field emissions are not prevented. These magnetic emissions induce localized electric fields in the marine environment as sea water moves through them. Furthermore, in AC cables the magnetic fields oscillate, and thereby also create an induced electric field in the environment around the cables, regardless of whether the cable is buried. Thus the term electromagnetic field, or EMF, refers to both of these fields (Petersen and Malm 2006). While EMF is primarily an issue for fish, sharks and rays (see § 8.4.7 of this Part), some invertebrate species, such as a variety of crustacean species, have demonstrated magnetic sensitivity and could be affected by EMF. These animals may become disoriented; it is not known whether this will have a small or a significant impact on these animals, although the likely impact is believed to be small (BERR 2008). For more information on the effects of electromagnetic fields, see § 8.4.8 of this Part, Fish and Fisheries Resources.

2.If electromagnetic fields affect the presence or behavior of species likely to colonize wind turbine structures, this could have an effect on the potential reef effects of the structures. However, the interaction between most invertebrates and EMF is not known, and the existence of healthy communities of colonizing species on turbine structures in Europe indicates EMF will not have a significant impact on at least these species assemblages (Linley et al. 2007).

H.Water quality impacts (formerly § 850.3.6)

1.Offshore renewable energy facilities would result in increased vessel traffic through the site characterization, construction, operation, and decommissioning phases. The PEIS indicates that such an increase in traffic could increase the likelihood of fuel spills as a result of vessel accidents or mechanical problems, though it indicates that the likelihood of such spills is relatively small (MMS 2007a). In addition, wastewater, trash, and other debris may be generated at offshore energy sites by human activities associated with the facility during construction and maintenance activities (MMS 2007a, Johnson et al. 2008). The platforms may hold hazardous materials such as fuel, oils, greases, and coolants. The accidental discharge of these contaminants into the water column could affect the water quality around the facility; however these contaminants would likely remain at the surface and not impact benthic ecosystems (MMS 2007a). In the PEIS, BOEM indicates that the potential risk to water quality from offshore renewable energy development is negligible to minor (MMS 2007a).

2.Water quality may also be impacted during the construction process by re-suspending bottom sediments, increasing the turbidity within the water column. For the potential effects of water quality impacts on birds, marine mammals, and fish, see sections below.

8.4.4Birds (formerly § 850.4)

A.Offshore renewable energy may have a variety of potential effects on avian species in the Ocean SAMP area. Some effects may be negative, resulting in adverse impacts, other effects may be neutral, producing no discernible impacts, while others may be positive, resulting in enhancements. The purpose of this section is to provide an overview of all the potential effects of offshore renewable energy development on birds, including the potential for habitat displacement or modification; disturbances associated with construction activities and/or vessel traffic; avoidance behavior or changes in flight patterns; risk of collision with installed structures; the risk of exposure to pollutants accidentally discharged during construction, operation or decommissioning. Potential affects to birds in the Ocean SAMP area will vary based on the species, as well as on the particular site, and size of the project. The timing of construction or decommissioning of an offshore renewable energy facility, along with the cumulative impacts of other offshore developments will also have an effect on the degree of impact.

B.Key to measuring and understanding the effects of offshore renewable energy development on avian species requires first sufficient baseline data on the abundance, distribution, habitat use and flight patterns in the project area. Baseline studies provide an important comparison point for assessing the effects of pre-construction, construction, operation or decommissioning activities. The duration of baseline studies may vary between project areas to account for ‘natural variability’ observed in avian use of an area. Locations that experience large fluctuations in avian densities over time may require additional baseline monitoring to accurately assess pre-construction conditions (Fox et al. 2006).

C.Research conducted by Paton et al. (2010) for the Ocean SAMP has collected baseline data on species occurrence and distribution in the Ocean SAMP area through land-based, ship-based and aerial surveys, as well as through radar surveys from 2009 to 2010, although the exact time period of surveys varied by survey technique. The goal of this research is to assess current spatial and temporal patterns of avian abundance and movement ecology within the Ocean SAMP boundary. Preliminary analysis of the surveys conducted in nearshore habitats during land-based point counts from January 2009 to February 2010 recorded 121 species and over 460,000 detections in the nearshore portion of the Ocean SAMP area (Figure 8.37 in § 8.4.4(C)(1) of this Part; Paton et al. 2010). Observations during these nearshore surveys have demonstrated that a wide range of birds use the Ocean SAMP area, including seaducks (e.g., eiders and scoters), other seabirds (e.g., loons, cormorants, alcids and gannets), pelagic seabirds (e.g., storm petrel and shearwaters), terns and gulls, shorebirds, passerines and other land birds (e.g., migrating species and swallows). The most abundant bird species observed in nearshore habitats in the Ocean SAMP area during land-based surveys were Common Eider (Somateria mollissima), Herring Gull (Larus argentatus), Surf Scoter (Melanitta perspicillata), Black Scoter (Melanitta nigra), Double crested Cormorant (Phalacrocorax auritus), Tree Swallow (Tachycineta bicolor), Great Black-backed Gull (Larus marinus), Laughing Gull (Leucophaeus atricilla), and the Northern Gannet (Morus bassanus) (see Figure 8.37 in § 8.4.4(C)(1) of this Part) (Paton et al. 2010). Farther offshore, more pelagic species were detected during boat-based surveys conducted from June 2009 to March 2010. During boat-based surveys, which sampled eight 4 by 5 nm grids, 55 species were detected from 10,422 detections (see Figure 8.38 in § 8.4.4(C)(2) of this Part). In offshore areas, Herring Gulls, Wilson’s Storm-Petrels (Oceanites oceanicus), Northern Gannets, Great Black-backed Gulls, White-winged Scoters (Melanitta fusca) were among the most commonly detected species.

1.Figure 8.37: Most abundant species observed in nearshore habitats of the Ocean SAMP study area based on land-based point counts from January 2009 to January 2010 (Paton et al. 2010). (Note: Total detections = 465,039)

2.Figure 8.38: Most abundant species observed in offshore habitats based on ship-based point counts in the Ocean SAMP study area from Mar 2009–Jan 2010 (Paton et al. 2010).

D.Species distribution and abundance varied both spatially and seasonally in the Ocean SAMP area. Most birds that use the Ocean SAMP area are migratory, so that their occurrence is highly seasonal. Paton et al. (2010) have found high inter-annual variability in the abundance and distribution of avian species in the Ocean SAMP area, suggesting that the collection of long-term baseline data prior to construction and operation of an offshore renewable energy facility will be important in examining any potential effects to avian species. For further discussion of the findings of Paton et al. (2010) see Chapter 2, Ecology of the SAMP Region.

E.In addition to recording occurrence and abundance in the Ocean SAMP area, Paton et al. (2010) have also identified potential foraging habitat for avian species. Based on a literature review performed by Paton et al. (2010) nearshore habitats, with water depths of less than 20 m [66 ft], are believed to be the primary foraging habitat for seaducks (see Table 8.13 in § 8.4.4(E)(1) of this Part). Figure 8.39 in § 8.4.4(F)(1) of this Part illustrates the areas within the Ocean SAMP boundary with water depths less than 20 m (66 feet) and therefore is thought to represent the primary foraging habitat for the thousands of seaducks that winter in the Ocean SAMP waters. Preferred sea duck foraging areas are strongly correlated with environmental variables such as water depth, bottom substrate, bivalve community, and bivalve density (Vaitkus and Bubinas 2001). Currently, bathymetric data (water depth, bottom substrate) of the Ocean SAMP area is well known, but relatively little is known about bivalve community and bivalve density, especially further offshore. Foraging depths of seaducks differ among species and are a function of preferred diet, but average depths tend to be less than 20 meters (66 feet) for most species. Common eiders forage in water less than 10 m (33 feet) during the winter when diving over rocky substrate and kelp beds (Goudie et al. 2000; Guillemette et al., 1993). Preferred diet of common eider changes with season and foraging location, but mainly consists of mollusks and crustaceans (Goudie et al. 2000; Palmer 1949; Cottam 1939). Maximum diving depths of scoters are about 25 m (82 feet), although most birds probably forage in water less than 20 meters (66 feet) deep, particularly during the winter months (Vaitkus and Bubinas 2001; Bordage and Savard 1995). Scoter diet in marine environments predominantly consists of mollusks (Bordage & Savard 1995; Durinck et al. 1993; Madsen 1954; Cottam 1939). Paton et al. (2010) did detect seaducks in waters up to 25 meters (82 feet) deep during aerial surveys, although it was unclear from the aerial surveys if the seaducks were foraging or engaging in other behaviors such as roosting. Paton et al. (2010) suggest more detailed research be conducted to better understand the depths used for foraging by scoters or eiders in the Ocean SAMP area.

1.Table 8.13: Foraging depths of seaducks based on a literature review (Paton et al. 2010).

Species

Dive depth

Source

Common eider

0-15 m (0-49 feet).

Ydenberg and

Guillemetter 1991

Surf Scoter - day

90% of dives <20 m (66 feet) depth during diurnal period – used deeper waters at night – but rarely dived at night.

Lewis et al. 2005

White-winged Scoter-day

~90% of diver <20 m (66 feet) depth - used deeper waters at night – but rarely dived at night.

Lewis et al. 2005

Black Scoter

95% of observations were in waters <20m (66 feet) deep.

Kaiser et al. 2006

Common Eider

100% <16 m (52.5 feet) deep.

NERI Report 2006

Black Scoter

100% <20 m (66 feet) deep.

NERI Report 2006

F.Land-based surveys conducted by Paton et al. (2010) support the findings of the literature review, as large concentrations of seaducks (e.g. scoters and eiders) have been recorded in these nearshore areas, particularly off Brenton Point (see Figure 8.39 in § 8.4.4(F)(1) of this Part). Because one potential effect of offshore renewable energy development may include permanent habitat loss, identifying and avoiding potentially important foraging habitat prior to siting future projects may help to minimize any adverse impacts.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-02 to 01/04/2022
• Amendment — effective from 2013-05-07 to 06/02/2018
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-8 § 8.5 General Policies and Regulatory Standards (formerly § 860)

8.5.1General Policies (formerly § 860.1)

A.The Council supports offshore development in the Ocean SAMP area that is consistent with the Ocean SAMP goals which are to:

1.Foster a properly functioning ecosystem that can be both ecologically effective and economically beneficial;

2.Promote and enhance existing uses; and

3.Encourage marine-based economic development that considers the aspirations of local communities and is consistent and complementary to the state’s overall economic development needs and goals.

B.The Council supports the policy of increasing renewable energy production in Rhode Island. The Council also recognizes:

1.Offshore wind energy currently represents the greatest potential for utility-scale renewable energy generation in Rhode Island;

2.Offshore renewable energy development is a means of mitigating the potential effects of global climate change;

3.Offshore renewable energy development will diversify Rhode Island’s energy portfolio;

4.Offshore renewable energy development will aid in meeting the goals set forth in Rhode Island’s Renewable Energy Standard; and

5.Marine renewable energy has the potential to assist in the redevelopment of urban waterfronts and ports.

C.The Council’s support of offshore renewable energy development shall not be construed to endorse or justify any particular developer or particular offshore renewable energy proposal.

D.The policies and standards contained herein supersede §§ 00-1.3.1(C) and 00-1.3.1(H) of this Chapter (Rhode Island Coastal Resources Management Program (RICRMP)) only for the jurisdictional area of the Ocean SAMP. Dredging and dredge disposal activities remain governed by § 00-1.3.1(I) of this Chapter.

E.The Council may require the applicant to fund a program to mitigate the potential impacts of a proposed offshore development to natural resources and existing human uses. The mitigation program may be used to support restoration projects, additional monitoring, preservation, or research activities on the impacted resource or site.

F.To the greatest extent possible, offshore development structures and projects shall be made available to researchers for the investigation into the effects of large-scale installations on the marine environment, and to the extent practicable, educators for the purposes of educating the public.

G.The Council shall work in coordination with the U.S. Department of the Interior Bureau of Ocean Energy Management, Regulation and Enforcement to develop a seamless process for review and design approval of offshore wind energy facilities that is consistent across state and federal waters.

H.The Council shall work together with the U.S. Coast Guard, the U.S. Navy, the U.S. Army Corps of Engineers, NOAA, fishermen’s organizations, marine pilots, recreational boating organizations, and other marine safety organizations to promote safe navigation, fishing, and recreational boating activity around and through offshore structures and developments, and along cable routes, during the construction, operation and decommissioning phases of such projects. The Council will promote and support the education of all mariners regarding safe navigation around offshore structures and developments, and along cable routes.

I.Discussions with the U.S. Coast Guard, the U.S. Department of Interior Bureau of Ocean Energy Management, Regulation, and Enforcement, and the U.S. Army Corps of Engineers have indicated that no vessel access restrictions are planned for the waters around and through offshore structures and developments, or along cable routes, except for those necessary for navigational safety. Commercial and recreational fishing and boating access around and through offshore structures and developments and along cable routes is a critical means of mitigating the potential adverse impacts of offshore structures on commercial and recreational fisheries and recreational boating. The Council endorses this approach and shall work to ensure that the waters surrounding offshore structures, developments, and cable routes remain open to commercial and recreational fishing, marine transportation, and recreational boating, except for navigational safety restrictions. The Council requests that federal agencies notify the Council as soon as is practicable of any federal action that may affect vessel access around and through offshore structures and developments and along cable routes. The Council will continue to monitor changes to navigational activities around and through offshore developments and along cable routes. Any changes affecting existing navigational activities may be subject to CZMA federal consistency review if the federal agency determines its activity will have reasonably foreseeable effects on the uses or resources of Rhode Island’s coastal zone.

J.To coordinate the review process for offshore wind energy developments, the Council shall adopt consistent information requirements similar to the requirements of the U.S. Department of the Interior’s Bureau of Ocean Energy Management, Regulation and Enforcement for offshore wind energy. All documentation required at the time of application shall be similar with the requirements followed by the U.S. Department of the Interior Bureau of Ocean Energy Management, Regulation and Enforcement when issuing renewable energy leases on the Outer Continental Shelf. For further details on these regulations see 30 C.F.R. §§ 285 et seq. The Council shall continue to monitor the federal review process and information requirements for any changes and will make adjustments to the Ocean SAMP policies accordingly.

K.To the maximum extent practicable, the Council shall coordinate with the appropriate federal and state agencies to establish project specific requirements that shall be followed by the applicant during the pre-construction, construction, operation and decommissioning phases of an offshore development. To the maximum extent practicable, the Council shall work in coordination with a Joint Agency Working Group when establishing pre-construction survey and data requirements, monitoring requirements, protocols and mitigation measures for a proposed offshore development. State members of the Joint Agency Working Group shall coordinate with the Habitat Advisory Board and the Fishermen’s Advisory Board and shall seek input from these Boards before establishing project specific requirements that shall be followed by the applicant for an offshore development. And, to the maximum extent practical, and consistent with the federal agency and tribal members’ authorities, federal members of the Joint Agency Working Group, are strongly encouraged to coordinate with the Habitat Advisory Board and the Fishermen’s Advisory Board. The Joint Agency Working Group shall comprise those state and federal agencies that have a regulatory responsibility related to the proposed project, as well as the Narragansett Indian Tribal Historic Preservation Office. The agency composition of this working group may differ depending on the proposed project, but will generally include the lead federal agency with primary jurisdiction over the proposed project and the CRMC. The pre-construction survey requirements outlined in § 8.5.2(F) of this Part may be reduced for small- scale offshore developments as specified by the Joint Agency Working Group.

L.The following are industry goals that projects should strive for. These are not required standards at this time but are targets project proponents should try to meet where possible to alleviate potential adverse impacts:

1.A goal for the wind farm applicant and operator is to have operational noise from wind turbines average less than or equal to 100 dB re 1 µPa2 in any 1/3 octave band at a range of 100 meters at full power production;

2.The applicant and manufacturer should endeavor to minimize the radiated airborne noise from the wind turbines; and

3.A monitoring system including acoustical, optical and other sensors should be established near these facilities to quantify the effects.

8.5.2Regulatory Standards (formerly § 860.2)

A.The federal offshore renewable energy leasing process, and subsequent regulation of renewable energy projects located in federal waters, will remain under the jurisdiction of BOEM in consultation and coordination with relevant federal agencies and affected state, local, and tribal officials, as per BOEM’s statutory authority at 43 U.S.C. § 1337(p) and the regulations found at 30 C.F.R. § 285.

B.Overall regulatory standards (formerly 860.2.1)

1.All offshore developments regardless of size, including energy projects, which are proposed for or located within state waters of the Ocean SAMP area, are subject to the policies and standards outlined in §§ 11.9 and 11.10 of this Subchapter (except, as noted above, § 11.9 of this Subchapter policies shall not be used for CRMC concurrence or objection for CZMA Federal Consistency reviews). For the purposes of the Ocean SAMP, offshore developments are defined as:

a.Large-scale projects, such as:

(1)offshore wind facilities (5 or more turbines within 2 km of each other, or 18 MW power generation);

(2)wave generation devices (2 or more devices, or 18 MW power generation);

(3)instream tidal or ocean current devices (2 or more devices, or 18 MW power generation); and

(4)offshore LNG platforms (1 or more);

(5)Artificial reefs (1/2 acre footprint and at least 4 feet high), except for projects of a public nature whose primary purpose is habitat enhancement; and

(6)outer continental shelf (OCS) exploration, development, and production plans

b.Small-scale projects, defined as any projects that are smaller than the above thresholds;

c.Underwater cables;

d.Mining and extraction of minerals, including sand and gravel;

e.Aquaculture projects of any size, as defined in § 00-1.3.1(K) of this Chapter and subject to the regulations of § 00-1.3.1(K) of this Chapter;

f.Dredging, as defined in § 00-1.3.1(I) of this Chapter and subject to the regulations of § 00-1.3.1(I) of this Chapter; or

g.Other development as defined in the Part 1 of this Chapter (RICRMP) which is located in tidal waters from the mouth of Narragansett Bay seaward, between 500 feet offshore and the 3-nautical mile, state water boundary.

2.In assessing the natural resources and existing human uses present in state waters of the Ocean SAMP area, the Council finds that the most suitable area for offshore renewable energy development in the state waters of the Ocean SAMP area is the renewable energy zone depicted in Figure 8.47 in § 8.5.2(B)(2)(a) of this Part. The Council designates this area as Type 4E waters. In Subchapter 00 Part 1 of this Chapter (Rhode Island Coastal Resources Management Program – Red Book) these waters were previously designated as Type 4 (or multipurpose) but are hereby modified to show that this is the preferred site for large scale renewable energy projects in state waters. The Council may approve offshore renewable energy development elsewhere in the Ocean SAMP area, within state waters, where it is determined to have no significant adverse impact on the natural resources or human uses of the Ocean SAMP area. Large-scale offshore developments shall avoid areas designated as Areas of Particular Concern consistent with §8.5.2(C) of this Part. No large-scale offshore renewable energy development shall be allowed in Areas Designated for Preservation consistent with § 8.5.2(D) of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-02 to 01/04/2022
• Amendment — effective from 2013-05-07 to 06/02/2018
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-11 RICRMP: Ocean SAMP - Chapter 11 - Policies of the Ocean SAMP

650-RICR-20-05-11 § 11.1 Authority

A.Pursuant to the federal Coastal Zone Management Act (CZMA) of 1972 (16 U.S.C. §§ 1451 through 1466) and R.I. Gen. Laws Chapter 46-23 the Coastal Resources Management Council (CRMC) is authorized to develop and implement special area management plans.

B.The regulations herein constitute a RICR regulatory component of the Ocean Special Area Management Plan (SAMP) Chapter 11 - The Policies of the Ocean SAMP, and must be read in conjunction with the other RICR regulatory components and chapters of the Ocean SAMP for the full context and understanding of the CRMC’s findings and policies that form the basis and purpose of these regulations. The other RICR regulatory components and chapters of the Ocean SAMP should be employed in interpreting the regulations herein and R.I. Gen. Laws § 46-23-1, et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2019-10-06 to 01/04/2022
• Technical Revision — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2018-06-11 to 10/06/2019
• Amendment — effective from 2013-08-12 to 06/11/2018
• Amendment — effective from 2013-05-07 to 08/12/2013
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-11 § 11.2 Purpose

A.The purpose of these rules is to carry out the responsibilities of the Coastal Resources Management Council in establishing the Ocean Special Area Management Plan (Ocean SAMP) for the state's offshore waters (within the 3 nautical mile state water boundary). The CRMC will apply its SAMP responsibilities to projects that are proposed in federal waters (beyond the 3 nautical mile state water boundary) through the CZMA federal consistency provisions pursuant to 16 U.S.C. § 1456 and 15 C.F.R. Part 930. This includes developing the geographic location descriptions (GLDs) in federal waters. The SAMP, GLDs, and CZMA federal consistency authority provide the framework for promoting a balanced and comprehensive ecosystem-based management approach to the development and protection of Rhode Island’s ocean-based resources. In addition, these rules establish the regulatory standards and enforceable policies for purposes of the federal CZMA federal consistency provisions pursuant to 16 U.S.C. § 1456 and 15 C.F.R. Part 930.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2019-10-06 to 01/04/2022
• Technical Revision — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2018-06-11 to 10/06/2019
• Amendment — effective from 2013-08-12 to 06/11/2018
• Amendment — effective from 2013-05-07 to 08/12/2013
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-11 § 11.3 Definitions

A.“Certified verification agent” or “CVA” means an independent third-party agent that shall use good engineering judgment and practices in conducting an independent assessment of the design, fabrication and installation of the facility.

B.“Construction and operations plan” or “COP” means a plan that describes the applicant’s construction, operations, and conceptual decommissioning plans for a proposed facility, including the applicant’s project easement area.

C.“Ecosystem based management” or “EBM” means an integrated approach to management that considers the entire ecosystem, including humans. The goal of EBM is to maintain an ecosystem in a healthy, productive and resilient condition that provides the services humans want and need.

D.“Enforceable policy” means State policies which are legally binding through constitutional provisions, laws, regulations, land use plans, ordinances, or judicial or administrative decisions, by which a State exerts control over private and public land and water uses and natural resources in the coastal zone.

E.“Fishermen’s Advisory Board” or “FAB” means an advisory body to the Council that shall be comprised of up to twenty (20) total members, to include the following:

1.Up to two (2) members representing each of the following six Rhode Island fisheries: bottom trawling; scallop dredging; gillnetting; lobstering; party and charter boat fishing; and recreational angling;

2.Up to two (2) members representing Rhode Island seafood processing facilities; and

3.Up to six (6) members, who are Massachusetts fishermen who fish in the Ocean SAMP area to include four commercial fishermen and two recreational fishermen.

F.“Geographic location description” or “GLD” means a geographic area in federal waters where certain federal license, and permit activities pursuant to 15 C.F.R. Part 930 Subparts D and E will be subject to Rhode Island review under the CZMA federal consistency provisions. Rhode Island has two federally approved GLDs (2011 and 2018).

G.“Habitat Advisory Board” or “HAB” means an advisory body to the Council that shall be comprised of nine members, five representing marine research institutions with experience in the Ocean SAMP study area and surrounding waters, and four representing environmental non-governmental organizations that maintain a focus on Rhode Island.

H.“Large-scale offshore developments” means:

1.Offshore wind facilities (5 or more turbines within 2 km of each other, or 18 MW power generation);

2.Wave generation devices (2 or more devices, or 18 MW power generation);

3.Instream tidal or ocean current devices (2 or more devices, or 18 MW power generation);

4.Offshore LNG platforms (1 or more);

5.Artificial reefs (1/2 acre footprint and at least 4 feet high), except for projects of a public nature whose primary purpose is habitat enhancement; and

6.Outer continental shelf (OCS) exploration, development, and production plans.

I.“Marine spatial planning” or “MSP” means the process by which ecosystem-based management is organized to produce desired outcomes in marine environments.

J.“Site assessment plan” or “SAP” means a pre-application plan that describes the activities and studies the applicant plans to perform for the characterization of the project site.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2019-10-06 to 01/04/2022
• Technical Revision — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2018-06-11 to 10/06/2019
• Amendment — effective from 2013-08-12 to 06/11/2018
• Amendment — effective from 2013-05-07 to 08/12/2013
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-11 § 11.4 Introduction

A.The Rhode Island General Assembly mandates Rhode Island Coastal Resources Management Council to preserve, protect, develop, and where possible, restore the coastal resources of the state for this and succeeding generations through comprehensive and coordinated long range planning and management designed to produce the maximum benefit for society from these coastal resources; and that the preservation and restoration of ecological systems shall be the primary guiding principle upon which environmental alteration of coastal resources will be measured, judged and regulated [R.I. Gen. Laws § 46-23-1(a)(2)]. To more effectively carry out its mandate, the CRMC has established use categories for all state waters out to the three nautical mile boundary. The Rhode Island Coastal Resource Management Program (RICRMP) is a federally-approved coastal program under the federal Coastal Zone Management Act (16 U.S.C. § 1451 et seq.).

B.The Ocean Special Area Management Plan is the regulatory, planning and adaptive management tool that CRMC applies to uphold these regulatory responsibilities in the Ocean SAMP area. Using the best available science and working with well-informed and committed resource users, researchers, environmental and civic organizations, and local, state and federal government agencies, the Ocean SAMP provides a comprehensive understanding of this complex and rich ecosystem. The Ocean SAMP also documents how the people of this region have used and depended upon these offshore resources for subsistence, work and play, and how the natural wildlife such as fish, birds, marine mammals and sea turtles feed, spawn, reproduce, and migrate throughout this region, thriving on the rich habitats, microscopic organisms, and other natural resources. To fulfill the Council’s mandate, the Ocean SAMP lays out enforceable policies and recommendations to guide CRMC in promoting a balanced and comprehensive ecosystem-based management approach to the development and protection of Rhode Island’s ocean-based resources.

C.The Ocean SAMP region lies at the convergence of two bio-geographic provinces - the Acadian to the north (Cape Cod to the Gulf of Maine) and the Virginian to the south (Cape Cod to Cape Hatteras). Due to this unique position, the Ocean SAMP area is more susceptible than other areas along the eastern seaboard to the effects of climate change. Cognizant of this fact, the CRMC integrates climate concerns and adaptation and mitigation responses into relevant policies and plans. CRMC believes that with advanced planning, together with energy conservation, the harm and costs associated with these potential impacts can be reduced and may be avoided.

D.This Chapter presents how the Ocean SAMP builds upon CRMC’s existing program as well as describes implementation mechanisms that support the application of the adaptive management approach. § 11.9 of this Part presents all Ocean SAMP general policies, while § 11.10 of this Part integrates the regulatory standards into a regulatory process that ensures the Council’s ability to uphold its mandatory requirements. To review both general policies and regulatory standards by topic area, please see that specific chapter. The general policies in § 11.9 of this Part are policies the CRMC applies through its various management and regulatory functions, but the general policies are not “enforceable policies” for purposes of the federal CZMA federal consistency provision at 16 U.S.C. § 1456 and 15 C.F.R. Part 930. For CZMA federal consistency purposes the general policies are advisory only and cannot be used as the basis for a CRMC CZMA federal consistency concurrence or objection. However, for state permitting purposes, offshore developments proposed to be sited in state waters are bound by both the general policies in § 11.9 of this Part and regulatory standards in § 11.10 of this Part. The regulatory standards in § 11.10 of this Part are enforceable policies for purposes of the federal CZMA federal consistency provision pursuant to16 U.S.C. § 1456 and 15 C.F.R. Part 930. For CZMA federal consistency purposes the regulatory standards, in addition to other applicable federally approved RICRMP enforceable policies, shall be used as the basis for a CRMC CZMA federal consistency concurrence or objection.

E.States, generally, do not have jurisdiction in federal waters and the federal CZMA does not confer such jurisdiction. Therefore, in order to meet CZMA requirements, state plans, enforceable policies, and Areas of Particular Concern (APCs) must only apply to areas of state jurisdiction. The Ocean SAMP is a planning and regulatory component for the State of Rhode Island and is incorporated into the NOAA-approved Rhode Island Coastal Resource Management Program. As such, in order to meet the CZMA’s definition of “enforceable policy” and NOAA’s corresponding regulations, the Ocean SAMP only applies to state waters (out to 3 nautical miles). The enforceable policies, APCs and Areas Designated for Preservation (ADPs) in the NOAA-approved Ocean SAMP apply to activities in federal waters through the CZMA federal consistency provision.

F.The Ocean SAMP includes maps of federal waters and identifies uses, resources and areas of federal waters. The data and maps pertaining to federal waters are not enforceable components of the Ocean SAMP. However, the data and maps contain a substantial amount of environmental, ecological, geologic, and human use information for state and federal waters. This information will be useful for environmental reviews (including reviews under the National Environmental Policy Act and coastal effects analyses under the CZMA), engineering issues (e.g., is the seafloor material compatible for a particular piece of equipment), and other planning and regulatory decisions. The CRMC may use the data and maps for federal waters to assess coastal effects, but Rhode Island’s CZMA federal consistency concurrence or objection must be based on enforceable policies contained in the NOAA-approved RICRMP.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2019-10-06 to 01/04/2022
• Technical Revision — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2018-06-11 to 10/06/2019
• Amendment — effective from 2013-08-12 to 06/11/2018
• Amendment — effective from 2013-05-07 to 08/12/2013
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-11 § 11.5 Building on CRMC’s Existing Program

A.Ocean SAMP policies and recommendations build upon and refine the CRMC’s existing program and regulations presented in the Rhode Island Coastal Resources Management Program. The policies, standards, and definitions contained in the RICRMP for Type 4 waters within the Ocean SAMP boundary, specifically from the mouth of Narragansett Bay seaward, between 500 feet offshore and the 3-nautical mile state water boundary, are hereby modified. In addition, §§ 00-1.3.1(C) and 1.3.1(H) of this Chapter are hereby superseded for this Ocean SAMP region. Aquaculture projects of any size shall follow § 00-1.3.1(K) of this Chapter. Dredging and dredge disposal activities remain governed by § 00-1.3.1(I) of this Chapter.

B.All federal consistency certifications for large-scale offshore developments, as defined in § 11.3(H) of this Part, will be concurred with or objected to by the full Council after receiving a timely recommendation from the CRMC Executive Director.

C.The Ocean SAMP polices for Type 4 waters require that CRMC accommodate and maintain a balance among the diverse activities, both traditional and future water dependent uses, while preserving and restoring the ecological systems. CRMC recognizes that large portions of Type 4 waters include important fishing grounds and fishery habitats, and shall protect such areas from alterations and activities that threaten the vitality of Rhode Island fisheries. Aquaculture leases shall be considered if the Council is satisfied there will be no significant adverse impacts on the traditional fishery. In addition, CRMC shall work to promote the maintenance and improvement of good water quality within the Type 4 waters (§ 00-1.2.1(E) of this Chapter).

D.The Ocean SAMP assists CRMC in upholding its mandate to preserve the state’s coastal resources on submerged lands in accordance with the public trust. As stated in Article 1, § 17 of the Rhode Island Constitution, applicable statutes, and restated in the RICRMP, the state maintains title in fee to submerged lands below the high water mark, and holds these lands in trust for the use of the public, preserving public rights which include but are not limited to fishing, commerce, and navigation in these lands and waters. Rhode Island public trust resources are defined in RICRMP as the tangible physical, biological matter substance or systems, habitat or ecosystem contained on, in or beneath the tidal waters of the state, and also include intangible rights to use, access, or traverse tidal waters for traditional and evolving uses including but not limited to recreation, commerce, navigation, and fishing.

E.As with the six existing Rhode Island SAMPs and CRMC’s water type designations, CRMC implements the marine spatial planning (MSP) process to achieve ecosystem-based management (EBM) for the Ocean SAMP region. For the purposes of the Ocean SAMP, the CRMC adopts the definition of EBM as defined in § 11.3 of this Part. The goal of EBM is to maintain an ecosystem in a healthy, productive and resilient condition that provides the services humans want and need.” Ecosystems are places and MSP is the process by which ecosystem-based management is organized to produce desired outcomes in marine environments. Since 1983 the CRMC has applied MSP to achieve EBM along Rhode Island’s coastline.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2019-10-06 to 01/04/2022
• Technical Revision — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2018-06-11 to 10/06/2019
• Amendment — effective from 2013-08-12 to 06/11/2018
• Amendment — effective from 2013-05-07 to 08/12/2013
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-11 § 11.6 Ocean SAMP Goals and Principles

A.The following goals and principles guided the process to both develop the Ocean SAMP as well as establish its policies and regulations. These goals and principles were developed in coordination with the Ocean SAMP researchers and the Ocean SAMP stakeholder group. For more information on the Ocean SAMP goals and principles and the Ocean SAMP stakeholder group see Chapter 1, Introduction.

B.The Ocean SAMP Goals are to:

1.Foster a properly functioning ecosystem that is both ecologically sound and economically beneficial;

2.Promote and enhance existing uses;

3.Encourage marine-based economic development that considers the aspirations of local communities and is consistent with and complementary to the state’s overall economic development, social, and environmental needs and goals; and

4.Build a framework for coordinated decision-making between state and federal management agencies.

C.The Ocean SAMP Principles are to:

1.Develop the Ocean SAMP document in a transparent manner;

2.Involve all stakeholders;

3.Honor existing activities;

4.Base all decisions on the best available science; and

5.Establish monitoring and evaluation that supports adaptive management.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2019-10-06 to 01/04/2022
• Technical Revision — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2018-06-11 to 10/06/2019
• Amendment — effective from 2013-08-12 to 06/11/2018
• Amendment — effective from 2013-05-07 to 08/12/2013
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-11 § 11.7 Applying Adaptive Management to Implement the Ocean SAMP

A.Since its inception in 1971, the CRMC has managed Rhode Island’s coastal waters using an adaptive management approach. Adaptive management is a systematic process for continually improving management policies and practices by learning from the outcomes of previous policies and practices. Adaptive management requires careful implementation, monitoring, evaluation of results, and adjustment of objectives and practices. To this end, CRMC will establish several mechanisms to ensure that the Ocean SAMP is implemented using this management approach.

B.CRMC will develop and implement the Ocean SAMP science research agenda, in coordination with the Ocean SAMP researchers, federal, state, and local government and other parties, to improve management policies and practices. The Ocean SAMP science research agenda will allow CRMC to:

1.Continue to learn about Rhode Island’s offshore natural resources and human activities;

2.Better understand the potential effects of future development and other human impacts; and

3.Increase Rhode Island’s understanding of the projected impacts of global climate change. To develop the science research agenda, the Council will put together an advisory group including scientists, partner federal and state agencies, environmental organizations, and users of the Ocean SAMP area. This group will help the Council to identify data gaps, short- and long-term research priorities, potential partners, and potential funding sources.

C.A progress assessment and monitoring process by CRMC will be established with the purpose of assessing progress towards achieving the Ocean SAMP goals, objectives, and principles. This process will record decisions, capture lessons learned, note achievements, and document policy and management adaptations. This process will be ongoing, available on the project web site, and formally reported to the public on a biannual basis.

D.The Council will develop a work plan that will guide the proactive management of the Ocean SAMP region and implement the Ocean SAMP goals:

1.Foster a properly functioning ecosystem that is both ecologically sound and economically beneficial;

2.Promote and enhance existing uses;

3.Encourage marine-based economic development that meets the aspirations of local communities and is consistent with and complementary to the state’s overall economic development, social, and environmental needs and goals; and

4.Build a framework for coordinated decision-making between state and federal management agencies. Major components of this work plan include the Ocean SAMP science research agenda, the progress assessment and monitoring process, stakeholder involvement and education, and implementation of Ocean SAMP policies and recommendations.

E.Although the Ocean SAMP may be amended through an administrative process, the CRMC will conduct a major review of the Ocean SAMP document every five years from adoption. CRMC will implement this revision process using the principles honored during the development of the Ocean SAMP, including involving stakeholders and basing all decisions on the best available science. For more information on the Ocean SAMP principles, see Chapter 1, Introduction.

F.The Council will establish a mechanism to ensure that the public continues to be engaged in the implementation of the Ocean SAMP. The Ocean SAMP public forum will be held biannually. The public forum will feature reports and discussions of the Ocean SAMP condition and use, note progress toward goals and objectives, and recognize contributions to implementing the Ocean SAMP. The forum will highlight projects underway, report on the progress assessment and monitoring process and science research agenda, including new research findings and updated global climate change projections, and provide opportunities for exchanging information, ideas, and strategies to strengthen implementation. The forum will address emerging issues and identify potential Ocean SAMP revisions. The Council will use this information to prepare its work plan. The forum may be followed up by other Ocean SAMP meetings that provide continuing opportunities to discuss progress, focus on specific issues, and coordinate ongoing actions by member groups. The public forum will be supported by the Ocean SAMP website and information systems maintained by Rhode Island Sea Grant and CRMC.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2019-10-06 to 01/04/2022
• Technical Revision — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2018-06-11 to 10/06/2019
• Amendment — effective from 2013-08-12 to 06/11/2018
• Amendment — effective from 2013-05-07 to 08/12/2013
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-11 § 11.8 Decision-making

A.In accordance with and pursuant to the provisions of R.I. Gen. Laws § 46-23-6, the Council shall engage in the following coordination activities. The intent of establishing these coordination mechanisms is to ensure appropriate engagement of the stakeholders, including the resources users and the state and federal government agencies. These coordination mechanisms, although described here, are more thoroughly described in the identified sections:

1.The Council shall work to the maximum extent practicable in coordination with the Ocean SAMP joint agency working group as defined in § 11.9.7(I) of this Part, a group facilitated by the Council and made up of appropriate federal and state agencies, to establish project specific requirements that shall be followed by the applicant during the construction, operation and decommissioning phases of an offshore development. For more information on the joint agency working group, see § 11.9.7(I) of this Part.

2.The Council shall engage commercial and recreational fishermen in the Ocean SAMP decision-making process through the Fishermen’s Advisory Board (FAB), as defined in § 11.3(E) of this Part. The FAB will provide the Council with advice on the potential adverse impacts of offshore development on commercial and recreational fishermen and fisheries activities, and on issues including, but not limited to, the evaluation and planning of project locations, arrangements, and alternatives; micro-siting (siting of individual wind turbines within an offshore wind farm to identify the best site for each individual structures); access limitations; and measures to mitigate the potential impacts of such projects. For more information on the FAB, see § 11.9.4(H) of this Part.

3.The Council shall work to minimize use conflicts and ensure marine safety and navigational access around and through offshore structures and developments and along cable routes during the construction, operation and decommissioning phases of offshore development, by establishing communication and coordination mechanisms between the Council, Federal and state agencies, resource users including fishermen’s organizations, marine pilots, recreational boating organizations, and marine safety organizations. See §§ 11.9.4 through 11.9.7 of this Part for further information.

4.The Council shall convene a panel of scientists to advise on findings of current climate science for the region and the implications for Rhode Island’s coastal and offshore regions, as well as the possible management ramifications. This information will allow the Council to proactively plan for and adapt to climate change impacts including, but not limited to, increased storminess, temperature change, and acidification in addition to accelerated sea level rise. For more information on the Science Advisory Panel for Climate Change, see § 11.9.2(C) of this Part.

5.The Council shall work to the maximum extent practicable with state and federal agencies, academic institutions, environmental organizations, and others to make sure it is using the best available science and modeling tools to inform the decision making process. Tools including the Technology Development Index (TDI) and the Ecological Value Map (EVM) will inform site selection of future development and help to understand where areas of greatest ecological value exist in the Ocean SAMP area to then determine appropriate sites suitable for preservation and/or future development. For more information on these tools, see Chapter 2, Ecology of the SAMP Region, and Part 8 of this Subchapter (Renewable Energy and Other Offshore Development).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2019-10-06 to 01/04/2022
• Technical Revision — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2018-06-11 to 10/06/2019
• Amendment — effective from 2013-08-12 to 06/11/2018
• Amendment — effective from 2013-05-07 to 08/12/2013
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-11 § 11.9 General Policies

A.Ocean SAMP policies and regulatory standards represent actions the CRMC must take to uphold its regulatory responsibilities mandated to them by the Rhode Island General Assembly and the CZMA to achieve the Ocean SAMP goals and principles described in the Introduction Chapter. The “General Policies” in § 11.9 of this Part are policies the CRMC applies through its various management and regulatory functions, but the General Policies are not “enforceable policies” for purposes of the federal CZMA federal consistency provision (16 U.S.C. § 1456 and 15 C.F.R. Part 930). For CZMA federal consistency purposes the General Policies are advisory only and cannot be used as the basis for a CRMC CZMA federal consistency concurrence or objection. However, for state permitting purposes, offshore developments proposed to be sited in state waters are bound by both the General Policies (§ 11.9 of this Part) and regulatory standards (§ 11.10 of this Part) listed herein, The Policies of the Ocean SAMP. The “regulatory standards” in § 11.10 of this Part are enforceable policies for purposes of the federal CZMA federal consistency provision (16 U.S.C. § 1456 and 15 C.F.R. Part 930). For CZMA federal consistency purposes the CRMC shall use the regulatory standards, in addition to other applicable federally approved RICRMP enforceable policies, as the basis for a CRMC CZMA federal consistency concurrence or objection. These general and regulatory policies for cultural and historic resources, fisheries, recreation and tourism, and marine transportation promote and enhance existing uses and honor existing activities (§ 11.6(C)(3) of this Part). Ecology, global climate change, and other future uses information and policies provide a context for basing all decisions on the best available science, while fostering a functioning ecosystem that is both ecologically sound and economically beneficial (§ 11.6(C)(4) of this Part). Renewable energy and offshore development policies and regulatory standards ensure there is a rigorous review for all ocean development so that the Council meets its public trust responsibilities. The Ocean SAMP also provides thoughtful direction to encourage marine-based economic development that meets the aspirations of local communities and is consistent with and complementary to the state’s overall economic development, social, and environmental needs and goals (§ 11.6(B)(3) of this Part). All chapters work towards establishing frameworks to coordinate decision-making between state and federal management agencies and the people who use the Ocean SAMP region (§ 11.6(B)(4) of this Part), developing in a transparent manner (§ 11.6(C)(1) of this Part), and promoting adaptive management (§ 11.6(C)(5) of this Part). All of the Ocean SAMP policies are important to ensure that the Ocean SAMP region is managed in a manner that meets the needs of the people of Rhode Island, while protecting and restoring our natural environment for future generations.

B.§ 11.9 of this Part presents all Ocean SAMP general policies, while § 11.10 of this Part integrates the regulatory standards into a regulatory process that ensures the Council’s ability to uphold its mandatory requirements.

C.Any assent holder of a CRMC-approved offshore development, as defined in § 11.10.1(A) of this Part, shall:

1.Design the project and conduct all activities in a manner that ensures safety and shall not cause undue harm or damage to natural resources, including their physical, chemical, and biological components to the extent practicable; and take measures to prevent unauthorized discharge of pollutants including marine trash and debris into the offshore environment.

2.Submit requests, applications, plans, notices, modifications, and supplemental information to the Council as required;

3.Acknowledge, in writing, any oral request or notification made by the Council, within three (3) business days and follow up in writing on such request or notification within a reasonable period of time as determined jointly by the assent holder and CRMC considering the circumstances;

4.Comply with the terms, conditions, and provisions of all reports and notices submitted to the Council, and of all plans, revisions, and other Council approvals, as provided in § 11.10.5 of this Part;

5.Make all applicable payments on time;

6.Conduct all activities authorized by the assent in a manner consistent with the provisions of this document, the Rhode Island Coastal Resources Management Program, and all relevant federal and state statutes and regulations;

7.Compile, retain, and make available to the Council within the time specified by the Council any information related to the site assessment, design, and operations of a project; and

8.Respond to requests from the Council in a timeframe specified by the Council.

D.Administrative processing fee: For large-scale offshore developments, underwater cables, and other projects as determined by the Council, the CRMC may asses the applicant with an administrative processing fee to help defray costs to conduct the CZMA federal consistency review, including the mitigation negotiations. This fee shall be $20,000. The Council cannot issue a conditional concurrence or an objection for failure to pay the fee.

11.9.1Ecology

A.The Council recognizes that the preservation and restoration of ecological systems shall be the primary guiding principle upon which environmental alteration of coastal resources will be measured. Proposed activities shall be designed to avoid impacts and, where unavoidable impacts may occur those impacts shall be minimized and mitigated.

B.As the Ocean SAMP is an extension and refinement of CRMC’s policies for Type 4 multipurpose waters as described in § 00-1.2.1(E) of this Chapter, CRMC will encourage a balance among the diverse activities, both traditional and future water dependent uses, while preserving and restoring the ecological systems.

C.The Council recognizes that while all fish habitat is important, spawning and nursery areas are especially critical in providing shelter for these species during the most vulnerable stages of their life cycles. The Council will ensure that proposed activities shall be designed to avoid impacts to these sensitive habitats, and, where unavoidable impacts may occur, those impacts shall be minimized and mitigated. In addition, the Council will give consideration to habitat used by species of concern as defined by the NMFS Office of Protected Resources.

D.Because the Ocean SAMP is located at the convergence of two eco-regions and therefore more susceptible to change, the Council will work with partner federal and state agencies, research institutions, and environmental organizations to carefully manage this area, especially as it relates to the projected effects of global climate change on this rich ecosystem.

E.The Council shall appoint a standing Habitat Advisory Board (HAB) which shall provide advice to the Council on the ecological function, restoration and protection of the marine resources and habitats in the Ocean SAMP area and on the siting, construction, and operation of off shore development in the Ocean SAMP study area and in NOAA-approved geographic location descriptions (GLDs). The HAB shall also provide advice on scientific research and its application to the Ocean SAMP. The HAB is an advisory body to the Council and does not supplant any authority of any federal or state agency responsible for the conservation and restoration of marine habitats. The HAB is defined in § 11.3(G) of this Part. HAB members shall serve four-year terms and shall serve no more than two consecutive terms. The Council shall provide to the HAB a semi-annual status report on Ocean SAMP area marine resources and habitat-related issues and adaptive management of projects in the Ocean SAMP planning area, including but not limited to: protection and restoration of marine resources and habitats, cumulative impacts, climate change, environmental review criteria, siting and performance standards, and marine resources and habitat mitigation and monitoring. The Council shall notify the HAB in writing concerning any project in the Ocean SAMP area. The HAB shall meet not less than semi-annually with the Fishermen’s Advisory Board and on an as-needed basis to provide the Council with advice on protection and restoration of marine resources and habitats in the Ocean SAMP areas and potential adverse impacts on marine resources and habitat posed by proposed projects reviewed by the Council. The HAB may also meet regularly to discuss issues related to the latest science of ecosystem-based management in the marine environment and new information relevant to the management of the Ocean SAMP planning area. In addition the HAB may aid the Council and its staff in developing and implementing a research agenda. As new information becomes available and the scientific understanding of the Ocean SAMP planning area evolves, the HAB may identify new areas with unique or fragile physical features, important natural habitats, or areas of high natural productivity for designation by the Council as Areas of Particular Concern or Areas Designated for Preservation.

11.9.2Global Climate Change

A.The Council recognizes that the changes brought by climate change are likely to result in alteration of the marine ecology and human uses affecting the Ocean SAMP area. The Council encourages energy conservation, mitigation of greenhouse gasses and adaptation approaches for management. The Council, therefore, supports the policy of increasing offshore renewable energy production in Rhode Island as a means of mitigating the potential effects of global climate change.

B.The Council shall incorporate climate change planning and adaptation into policy and standards in all areas of its jurisdiction of the Ocean SAMP and its associated land-based infrastructure to proactively plan for and adapt to climate change impacts such as increased storm intensity and temperature change, in addition to accelerated sea level rise. For example, when evaluating Ocean SAMP area projects and uses, the Council will carefully consider how climate change could affect their future feasibility, safety and effectiveness. When evaluating new or intensified existing uses within the Ocean SAMP area, the Council will consider predicted impacts of climate change especially upon sensitive habitats, most notably spawning and nursery grounds, of particular importance to targeted species of finfish, shellfish and crustaceans.

C.The Council will convene a panel of scientists, biannually, to advise on findings of current climate science for the region and the implications for Rhode Island’s coastal and offshore regions, as well as the possible management ramifications. The horizon for evaluation and planning needs to include both the short term (10 years) and longer term (50 years). The Science Advisory Panel for Climate Change will provide the Council with expertise on the most current global climate change related science, monitoring, policy, and development design standards relevant to activities within its jurisdiction of the Ocean SAMP and its associated land-based infrastructure to proactively plan for and adapt to climate change impacts such as increased storminess, temperature change, and acidification in addition to accelerated sea level rise. The findings of this Science Advisory Panel will be forwarded on to the legislatively-appointed Rhode Island Climate Change Commission for their consideration.

D.The Council will prohibit those land-based and offshore development projects which based on a sea level rise scenario analysis will threaten public safety or not perform as designed resulting in significant environmental impacts. The U.S. Army Corps of Engineers has developed and is implementing design and construction standards that consider impacts from sea level rise. These standards and other scenario analyses should be applied to determine sea level rise impacts.

E.The Council supports the application of enhanced building standards in the design phase of rebuilding coastal infrastructure associated with the Ocean SAMP area, including port facilities, docks, and bridges that ships must clear when passing underneath.

F.The Council supports the development of design standards for marine platforms that account for climate change projections on wind speed, storm intensity and frequency, and wave conditions and will work with the U.S. Bureau of Ocean Energy Management, Department of the Interior, Department of Energy, and the Army Corps of Engineers to develop a set of standards that can then be applied in Rhode Island projects. The Council will re-assess coastal infrastructure and seaworthy marine structure building standards periodically not only for sea level rise, but also for other climate changes including more intense storms, increased wave action, and increased acidity in the sea.

G.The Council supports public awareness and interpretation programs to increase public understanding of climate change and how it affects the ecology and uses of the Ocean SAMP area.

11.9.3Cultural and Historic Resources

A.The Council recognizes the rich and historically significant history of human activity within and adjacent to the Ocean SAMP area. These numerous sites and properties, that are located both underwater and onshore, should be considered when evaluating future projects.

B.The Council has a federal obligation as part of its responsibilities under the federal Coastal Zone Management Act to recognize the importance of cultural, historic, and tribal resources within the state’s coastal zone, including Rhode Island state waters. It has a similar responsibility under the Rhode Island Historic Preservation Act. The Council will not permit activities that will significantly impact the state’s cultural, historic and tribal resources.

C.The Council will engage federal and state agencies, and the Narragansett Indian Tribe’s Tribal Historic Preservation Office (THPO), when evaluating the impacts of proposed development on cultural and historic resources. The Rhode Island Historic Preservation and Heritage Commission (RIHPHC) is the State Historic Preservation Office (SHPO) for the state of Rhode Island, and is charged with developing historical property surveys for Rhode Island municipalities, reviewing projects that may impact cultural and historic resources, and regulating archaeological assessments on land and in state waters. For other tribes outside of Rhode Island that might be affected by a federal action it is the responsibility of the applicable federal agency to consult with affected tribes.

D.Project reviews will follow the policies outlined in §§ 00-1.2.3 (Areas of Historic and Archaeological Significance) and 00-1.3.5 of this Chapter (Guidelines for the Protection and Enhancement of the Scenic Value of the Coastal Region) of the State of Rhode Island Coastal Resources Management Program, as amended (Subchapter 00 Part 1 of this Chapter). The standards for the identification of cultural resources and the assessment of potential effects on cultural resources will be in accordance with the National Historic Preservation Act Section 106 regulations, 36 C.F.R. Part 800, Protection of Historic Properties.

E.Historic shipwrecks, archeological or historical sites located within Rhode Island’s coastal zone are Areas of Particular Concern (APCs) for the Rhode Island coastal management program. Direct and indirect impacts to these resources must be avoided to the greatest extent possible. Other areas, not noted as APCs, may also have significant archeological sites that could be identified through the permit process. For example, the area at the south end of Block Island waters within the 30 foot depth contour is known to have significant archeological resources. As a result, projects conducted in the Ocean SAMP area may have impacts to Rhode Island’s underwater archaeological and historic resources.

F.Archaeological surveys shall be required as part of the permitting process for projects which may pose a threat to Rhode Island’s archaeological and historic resources. During the filing phase for state assent, projects needing archaeological surveys will be identified through the joint review process. The survey requirements will be coordinated with the SHPO and, if tribal resources are involved, with the Narragansett THPO.

G.Areas of Particular Concern may require a buffer or setback distance to ensure that development projects avoid or minimize impacts to known or potential historic or archaeological sites. The buffer or setback distance during the permitting process will be determined by the SHPO and if tribal resources are involved, the Narragansett THPO.

H.In addition to general Area of Particular Concern buffer/setback distances around shipwrecks or other submerged cultural resources, the Council reserves the right, based upon recommendations from RIHPHC, to establish protected areas around all submerged cultural resources which meet the criteria for listing on the National Register of Historic Places.

I.Projects conducted in the Ocean SAMP area may have impacts that could potentially affect onshore archaeological, historic, or cultural resources. Archaeological and historical surveys may be required of projects which are reviewed by the joint agency review process. During the filing phase for state assent, projects needing such surveys will be identified and the survey requirement will be coordinated with the SHPO and if tribal resources are involved, with the Narragansett THPO.

J.Guidelines for onshore archaeological assessments in the Ocean SAMP area can be obtained through the RIHPHC in their document, “Performance Standards and Guidelines for Archaeological Projects: Standards for Archaeological Survey” (RIHPHC 2007), or the lead federal agency responsible for reviewing the proposed development. In addition, guidelines for landscape and visual impact assessment in the Ocean SAMP area can be obtained through the lead federal agency responsible for reviewing the proposed development.

11.9.4Commercial and Recreational Fisheries

A.The commercial and recreational fishing industries, and the habitats and biological resources of the ecosystem they are based on, are of vital economic, social, and cultural importance to Rhode Island’s fishing ports and communities. Commercial and recreational fisheries are also of great importance to Rhode Island’s economy and to the quality of life experienced by both residents and visitors. The Council finds that other uses of the Ocean SAMP area could potentially displace commercial or recreational fishing activities or have other adverse impacts on commercial and recreational fisheries.

B.The Council recognizes that finfish, shellfish, and crustacean resources and related fishing activities are managed by a host of different agencies and regulatory bodies which have jurisdiction over different species and/or different parts of the SAMP area. Entities involved in managing fish and fisheries within the SAMP area include, but are not limited to, the Atlantic States Marine Fisheries Commission, the R.I. Department of Environmental Management, the R.I. Marine Fisheries Council, the NOAA National Marine Fisheries Service, the New England Fishery Management Council, and the Mid-Atlantic Fishery Management Council. The Council recognizes the jurisdiction of these organizations in fishery management and will work with these entities to protect fisheries resources. The Council will also work in coordination with these entities to protect priority habitat areas.

C.The Council’s policy is to protect commercial and recreational fisheries within the Ocean SAMP area, and the 2011 and 2018 GLDs, from the adverse impacts of other uses, while supporting actions to make ongoing fishing practices more sustainable. The Council anticipates that over time there will be improved scientific knowledge of the impacts of fishing on habitats and fish populations. Improvements in more sustainable gear technology, fishing practices, and management tools may improve the state of fisheries resources. A general goal of the Council is to improve the health of the Ocean SAMP area ecosystem and the populations of fish and shellfish it provides. Cooperative research, using the unique skills and expertise of the fishing community, will be a cornerstone to this goal.

D.Commercial and recreational fisheries activities are dynamic, taking place at different places at different times of the year due to seasonal species migrations and other factors. The Council recognizes that fisheries are dynamic, shaped by these seasonal migrations as well as other factors including shifts in the regulatory environment, market demand, and global climate change. The Council further recognizes that the entire Ocean SAMP area is used by commercial and recreational fishermen employing different fishing methods and gear types. Changes in existing uses, intensification of uses, and new uses within the area could cause adverse impacts to these fisheries. Accordingly, the Council shall:

1.In consultation with the Fishermen’s Advisory Board, as defined in § 11.3(E) of this Part, identify and evaluate prime fishing areas on an ongoing basis through an adaptive framework.

2.Review any uses or activities that could disrupt commercial or recreational fisheries activities.

E.The Council shall work together with the U.S. Coast Guard, the U.S. Navy, the U.S. Army Corps of Engineers, NOAA, fishermen’s organizations, marine pilots, recreational boating organizations, and other marine safety organizations to promote safe navigation, fishing, and recreational boating activity around and through offshore structures and developments, and along cable routes, during the construction, operation, and decommissioning phases of such projects. The Council will promote and support the education of all mariners regarding safe navigation around offshore structures and developments and along cable routes.

F.Discussions with the U.S. Coast Guard, the U.S. Department of the Interior Bureau of Ocean Energy Management and the U.S. Army Corps of Engineers have indicated that no vessel access restrictions are planned for the waters around and through offshore structures and developments, or along cable routes, except for those necessary for navigational safety. Commercial and recreational fishing and boating access around and through offshore structures and developments and along cable routes is a critical means of mitigating the potential adverse impacts of offshore structures on commercial and recreational fisheries and recreational boating. The Council endorses this approach and shall work to ensure that the waters surrounding offshore structures, developments, and cable routes remain open to commercial and recreational fishing, marine transportation, and recreational boating, except for navigational safety restrictions. The Council requests that federal agencies notify the Council as soon as is practicable of any federal action that may affect vessel access around and through offshore structures and developments and along cable routes. The Council will continue to monitor changes to navigational activities around and through offshore developments and along cable routes. Any changes affecting existing navigational activities may be subject to CZMA federal consistency review if the federal agency determines its activity will have reasonably foreseeable effects on the uses or resources of Rhode Island’s coastal zone.

G.The Council recognizes that commercial and recreational fishermen from other states, such as the neighboring states of Connecticut, New York, and Massachusetts, often fish in the Ocean SAMP area. The Council also recognizes that many fish species that are harvested in adjacent waters may rely on habitats and prey located within the Ocean SAMP area. Accordingly, the Council will work with neighboring states to ensure that offshore development and other uses of the Ocean SAMP area do not result in significant impacts to the fisheries resources or activities of other states.

H.The Council shall appoint a standing Fishermen’s Advisory Board (FAB) which shall provide advice to the Council on the siting and construction of other uses in marine waters. The FAB is an advisory body to the Council that is not intended to supplant any existing authority of any other federal or state agency responsible for the management of fisheries, including but not limited to the Marine Fisheries Council and its authorities set forth in R.I. Gen. Laws § 20-3-1 et seq. The FAB is defined in § 11.3(E) of this Part. When there are two members representing a fishing interest, only one vote may be cast on behalf of that interest. If the two members representing that fishery cannot agree on their vote then there shall be no vote for that fishery for the item under consideration. In any vote on a matter, there shall be no more than 7 votes total for RI interests and no more than 3 votes total for MA interests. The FAB members may elect a chair and a vice-chair from amongst its members. In addition the FAB may establish rules governing its members such as a minimum number of meetings each member must attend to maintain standing as a member. FAB members shall serve four-year terms. The Council shall provide to the FAB a semi-annual status report on Ocean SAMP area fisheries related issues, including but not limited to those of which the Council is cognizant in its planning and regulatory activities, and shall notify the FAB in writing concerning any project in the Ocean SAMP area. The FAB shall meet not less than semi-annually with the Habitat Advisory Board and on an as-needed basis to provide the Council with advice on the potential adverse impacts of other uses on commercial and recreational fishermen and fisheries activities, and on issues including, but not limited to, the evaluation and planning of project locations, arrangements, and alternatives; micro-siting (siting of individual wind turbines within an offshore wind farm to identify the best site for each individual structure); access limitations; and measures to mitigate the potential impacts of such projects on the fishery. In addition the FAB may aid the Council and its staff in developing and implementing a research agenda. As new information becomes available and the scientific understanding of the Ocean SAMP planning area evolves, the FAB may identify new areas with unique or fragile physical features, important natural habitats, or areas of high natural productivity for designation by the Council as Areas of Particular Concern or Areas Designated for Preservation.

11.9.5Recreation and Tourism

A.The Council recognizes the economic, historic, and cultural value of marine recreation and tourism activities in the Ocean SAMP area to the state of Rhode Island. The Council’s goal is to promote uses of the Ocean SAMP area that do not significantly interfere with marine recreation and tourism activities or values.

B.When evaluating proposed offshore developments, the Council will carefully consider the potential impacts of such activities on marine recreation and tourism uses. Where it is determined that there is a significant impact, the Council may modify or deny activities that significantly detract from these uses.

C.The Council will encourage and support uses of the Ocean SAMP area that enhance marine recreation and tourism activities.

D.The Council recognizes that the waters south of Brenton Point and within the 3-nautical mile boundary surrounding Block Island are heavily-used recreational areas and are commonly used for organized sailboat races and other marine events. The Council encourages and supports the ongoing coordination of race and marine event organizers with the U.S. Coast Guard, the U.S. Navy, and the commercial shipping community to facilitate safe recreational boating in and adjacent to these areas, which include charted shipping lanes and Navy restricted areas (see Ocean SAMP Chapter 7, Marine Transportation, Navigation, and Infrastructure). The Council shall consider these heavily-used recreational areas when evaluating offshore developments in this area. Where it is determined that there is a significant impact, the Council may suitably modify or deny activities that significantly detract from these uses. The Council also recognizes that much of this organized recreational activity is concentrated within the circular sailboat racing areas as depicted in Figure 6 in § 11.10.2(I) of this Part, and accordingly has designated these areas as Areas of Particular Concern. See § 11.10.2 of this Part for requirements associated with Areas of Particular Concern.

E.See § 11.9.4(E) of this Part for policy regarding safe navigation around and through offshore structures and developments and along cable routes.

F.See § 11.9.4(F) of this Part for policy regarding vessel access around and through offshore structures and developments and along cable routes.

G.The Council recognizes that offshore wildlife viewing activities are reliant on the presence and visibility of marine and avian species which rely on benthic habitat, the availability of food, and other environmental factors. The Council shall consider these environmental factors when evaluating proposed offshore developments in these areas. Where it is determined that there is a significant impact, the Council may modify or deny activities that significantly detract from these uses.

11.9.6Marine Transportation, Navigation and Infrastructure

A.The Council recognizes the importance of designated navigation areas, which include shipping lanes, precautionary areas, recommended vessel routes, pilot boarding areas, anchorages, military testing areas, and submarine transit lanes to marine transportation and navigation activities in the Ocean SAMP area. The Council also recognizes that these and other waters within the Ocean SAMP area are heavily used by numerous existing users who have adapted to each other with regard to their uses of ocean space. Any changes in the spatial use patterns of any one of these users will result in potential impacts to the other users. The Council will carefully consider the potential impacts of such changes on the marine transportation network. Changes to existing designated navigational areas proposed by the U.S. Coast Guard, NOAA, the R.I. Port Safety and Security Forums, or other entities could similarly impact existing uses. The Council requests that they be notified by any of these parties if any such changes are to be made to the transportation network so that they may work with those entities to achieve a proper balance among existing uses.

B.The Council recognizes the economic, historic, and cultural value of marine transportation and navigation uses of the Ocean SAMP area to the state of Rhode Island. The Council’s goal is to promote uses of the Ocean SAMP area that do not significantly interfere with marine transportation and safe navigation within designated navigation areas, which include shipping lanes, precautionary areas, recommended vessel routes, pilot boarding areas, anchorages, military testing areas, and submarine transit lanes. See § 11.10.2 of this Part for discussion of navigation areas which have been designated as Areas of Particular Concern.

C.The Council will encourage and support uses of the Ocean SAMP area that enhance marine transportation and safe navigation within designated navigation areas, which include shipping lanes, precautionary areas, recommended vessel routes, pilot boarding areas, anchorages, military testing areas, and submarine transit lanes.

D.See § 11.9.4(E) of this Part for policy regarding safe navigation around and through offshore structures and developments and along cable routes.

E.See § 11.9.4(F) of this Part for policy regarding vessel access around and through offshore structures and developments and along cable routes.

11.9.7Offshore Renewable Energy and Other Offshore Development

A.The Council supports offshore development in the Ocean SAMP area that is consistent with the Ocean SAMP goals, which are to:

1.Foster a properly functioning ecosystem that can be both ecologically effective and economically beneficial;

2.Promote and enhance existing uses; and

3.Encourage marine-based economic development that considers the aspirations of local communities and is consistent and complementary to the state’s overall economic development needs and goals.

B.The Council supports the policy of increasing renewable energy production in Rhode Island. The Council also recognizes:

1.Offshore wind energy currently represents the greatest potential for utility-scale renewable energy generation in Rhode Island;

2.Offshore renewable energy development is a means of mitigating the potential effects of global climate change;

3.Offshore renewable energy development will diversify Rhode Island’s energy portfolio;

4.Offshore renewable energy development will aid in meeting the goals set forth in Rhode Island’s Renewable Energy Standard;

5.Marine renewable energy has the potential to assist in the redevelopment of urban waterfronts and ports.

C.The Council’s support of offshore renewable energy development shall not be construed to endorse or justify any particular developer or particular offshore renewable energy proposal.

D.The Council may require the applicant to fund a program to mitigate the potential impacts of a proposed offshore development to natural resources and existing human uses. The mitigation program may be used to support restoration projects, additional monitoring, preservation, or research activities on the impacted resource or site.

E.To the greatest extent possible, offshore development structures and projects shall be made available to researchers for the investigation into the effects of large-scale installations on the marine environment, and to the extent practicable, educators for the purposes of educating the public.

F.The Council shall work in coordination with the U.S. Department of the Interior Bureau of Ocean Energy Management to develop a seamless process for review and design approval of offshore wind energy facilities that is consistent across state and federal waters.

G.The Council shall work together with the U.S. Coast Guard, the U.S. Navy, the U.S. Army Corps of Engineers, NOAA, fishermen’s organizations, marine pilots, recreational boating organizations, and other marine safety organizations to promote safe navigation, fishing, and recreational boating activity around and through offshore structures and developments, and along cable routes, during the construction, operation, and decommissioning phases of such projects. The Council will promote and support the education of all mariners regarding safe navigation around offshore structures and developments and along cable routes.

H.To coordinate the review process for offshore wind energy developments, the Council shall adopt consistent information requirements similar to the requirements of the U.S. Department of the Interior’s Bureau of Ocean Energy Management for offshore wind energy. All documentation required at the time of application shall be similar with the requirements followed by the U.S. Department of the Interior Bureau of Ocean Energy Management when issuing renewable energy leases on the Outer Continental Shelf. For further details on these regulations see 30 C.F.R. §§ 285 et seq. The Council shall continue to monitor the federal review process and information requirements for any changes and will make adjustments to the Ocean SAMP policies accordingly.

I.To the maximum extent practicable, the Council shall coordinate with the appropriate federal and state agencies to establish project specific requirements that shall be followed by the applicant during the pre-construction, construction, operation and decommissioning phases of an offshore development. To the maximum extent practicable, the Council shall work in coordination with a Joint Agency Working Group when establishing pre-construction survey and data requirements, monitoring requirements, protocols and mitigation measures for a proposed offshore development. State members of the Joint Agency Working Group shall coordinate with the Habitat Advisory Board and the Fishermen’s Advisory Board and shall seek input from these Boards before establishing project specific recommendations for an offshore development. To the maximum extent practical, and consistent with the federal agency and tribal members’ authorities, federal members of the Joint Agency Working Group, are encouraged to coordinate with the Habitat Advisory Board and the Fishermen’s Advisory Board. The Joint Agency Working Group shall comprise those state and federal agencies that have a regulatory responsibility related to the proposed project, as well as the Narragansett Indian Tribal Historic Preservation Office. The agency composition of this working group may differ depending on the proposed project, but should generally include the lead federal agency with primary jurisdiction over the proposed project and the CRMC. The pre-construction survey requirements outlined in § 8.5.2(F) of this Subchapter may be reduced for small- scale offshore developments as recommended by the Joint Agency Working Group.

J.The Council identifies the following industry goals for offshore projects. These are not required standards at this time but are targets project proponents should try to meet where possible to alleviate potential adverse impacts:

1.A goal for the offshore wind farm applicant and operator is to have operational noise from wind turbines average less than or equal to 100 dB re 1 µPa2 in any 1/3 octave band at a range of 100 meters at full power production.

2.The applicant and manufacturer should endeavor to minimize the radiated airborne noise from the wind turbines.

3.A monitoring system including acoustical, optical and other sensors should be established near these facilities to quantify the effects.

11.9.8Application Requirements in State Waters

A.Applicants shall meet the site assessment plan (SAP) requirements in § 11.10.5 of this Part and the following:

1.As appropriate, the Council shall coordinate and consult with relevant Federal and State agencies, and affected Indian tribes.

2.During the review process, the Council may request additional information if it is determined that the information provided is not sufficient to complete the review and approval process.

3.Once the SAP is approved by the Council the applicant may begin conducting the activities approved in the SAP.

4.Reporting requirements of the applicant under an approved SAP:

a.Following the approval of a SAP, the applicant shall notify the Council in writing within 30 days of completing installation activities of any temporary measuring devices approved by the Council.

b.The applicant shall prepare and submit to the Council a report semi-annually. The first report shall be due 6 months after work on the SAP begins; subsequent reports shall be submitted every 6 month thereafter until the SAP period is complete. The report shall summarize the applicant’s site assessment activities and the results of those activities.

c.The Council reserves the right to require additional environmental and technical studies, if it is found there is a critical area lacking or missing information.

5.The applicant shall seek the Council’s approval before conducting any activities not described in the approved SAP, describing in detail the type of activities the applicant proposes to conduct and the rationale for these activities. The Council shall determine whether the activities proposed are authorized by the applicant’s existing SAP or require a revision to the applicant’s SAP. The Council may request additional information from the applicant, if necessary, to make this determination.

6.The Council shall periodically review the activities conducted under an approved SAP. The frequency and extent of the review shall be based on the significance of any changes in available information and on onshore or offshore conditions affecting, or affected by, the activities conducted under the applicant’s SAP. If the review indicates that the SAP should be revised to meet the requirements of this part, the Council shall require the applicant to submit the needed revisions.

7.The applicant may keep approved facilities (such as meteorological towers) installed during the SAP period in place during the time that the Council reviews the applicant’s COP for approval. Note: Structures in state waters shall require separate authorizations outside the SAP process.

8.The applicant is not required to initiate the decommissioning process for facilities that are authorized to remain in place under the applicant’s approved COP. If, following the technical and environmental review of the applicant’s submitted COP, the Council determines that such facilities may not remain in place the applicant shall initiate the decommissioning process.

9.The Executive Director on behalf of the Council will be responsible for reviewing and approving study designs conducted as part of the necessary data and information contained in the SAP. The Executive Director shall seek the advice of the FAB and HAB in setting out the study designs to be completed in the SAP. The Executive Director shall also brief the Ocean SAMP Subcommittee on each study design as it is being considered. Any applicant that initiates, conducts and/or completes site assessment studies or surveying activities shall demonstrate to the Council’s satisfaction that the completed studies were conducted with approval from the Executive Director and in accordance with §§ 11.10.5(A), 11.10.5(C)(2), 11.9.8(B)(8)(a) and 11.9.8(B)(8)(b) of this Part.

B.Applicants shall meet the construction and operation plan (COP) requirements in § 11.10.5 of this Part and the following:

1.The applicant shall submit an oil spill response plan per the Oil Pollution Act of 1990, 33 U.S.C. § 2701 et seq.

2.The applicant shall submit the applicant’s safety management system, the contents of which are described below:

a.How the applicant plans to ensure the safety of personnel or anyone on or near the facility;

b.Remote monitoring, control and shut down capabilities;

c.Emergency response procedures;

d.Fire suppression equipment (if needed);

e.How and when the safety management system shall be implemented and tested; and

f.How the applicant shall ensure personnel who operate the facility are properly trained.

3.The Council shall review the applicant’s COP and the information provided to determine if it contains all the required information necessary to conduct the project’s technical and environmental reviews. The Council shall notify the applicant if the applicant’s COP lacks any necessary information.

4.As appropriate, the Council shall coordinate and consult with relevant Federal, State, and local agencies, the FAB and affected Indian tribes.

5.During the review process, the Council may request additional information if it is determined that the information provided is not sufficient to complete the review and approval process. If the applicant fails to provide the requested information, the Council may disapprove the applicant’s COP.

6.Upon completion of the technical and environmental reviews and other reviews required, the Council may approve, disapprove, or approve with modifications the applicant’s COP.

7.In the applicant’s COP, the applicant may request development of the project area in phases. In support of the applicant’s request, the applicant shall provide details as to what portions of the site shall be initially developed for commercial operations and what portions of the site shall be reserved for subsequent phased development.

8.If the application and COP is approved, prior to construction the applicant shall submit to the Council for approval the documents listed below in §§ 11.9.8(B)(8)(a), (b), (c), (d) and (e) of this Part:

a.Facility design report - The applicant’s facility design report provides specific details of the design of any facilities, including cables and pipelines that are outlined in the applicant’s approved SAP or COP. The applicant’s facility design report shall demonstrate that the applicant’s design conforms to the applicant’s responsibilities listed in § 11.9(G) of this Part. The applicant shall include the following items in the applicant’s facility design report:

(1)Table 1: Contents of the facility design report.

Required documents:

Required contents:

Other requirements:

(1) Cover letter

(i) Proposed facility designations;

(ii)The type of facility

The applicant shall submit four (4) paper copies and one (1) electronic copy.

(2) Location

(i) Latitude and longitude coordinates, Universal Mercator grid-system coordinates, state plane coordinates in the Lambert or Transverse Mercator Projection System;

(ii) These coordinates shall be based on the NAD (North American Datum) 83 datum plane coordinate system; and

(iii) The location of any proposed project easement.

The applicant’s plat shall be drawn to a scale of 1 inch equals 100 feet and include the coordinates of the project site, and boundary lines. The applicant shall submit four (4) paper copies and one (1) electronic copy.

(3) Front, Side, and Plan View drawings

(i) Facility dimensions and orientation;

(ii) Elevations relative to mean lower low water (MLLW); and

(iii) Pile sizes and penetration.

The applicant’s drawing sizes shall not exceed 11” x 17”. The applicant shall submit four (4) paper copies and one (1) electronic copy.

(4) Complete set of structural drawings

The approved for construction fabrication drawings should be submitted, including, e.g.,

(i) Cathodic protection systems;

(ii) Jacket design;

(iii) Pile foundations;

(iv) Mooring and tethering systems;

(v) Foundations and anchoring systems; and

(vi) Associated cable and pipeline designs.

The applicant’s drawing sizes shall not exceed 11” x 17”. The applicant shall submit four (4) paper copies and one (1) electronic copy.

(5) Summary of environmental data used for design

A summary of the environmental data used in the design or analysis of the facility. Examples of relevant data include information on:

(i) Extreme weather;

(ii) Seafloor conditions; and

(iii) Waves, wind, currents, tides, temperature, sea level rise projections, snow and ice effects, marine growth, and water depth.

The applicant shall submit four (4) paper copies and one (1) electronic copy. If the applicant submitted these data as part of the SAP or COP, the applicant may reference the plan.

(6) Summary of the engineering design data

(i) Loading information (e.g., live, dead, environmental);

(ii) Structural information (e.g., design-life; material types; cathode protection systems; design criteria; fatigue life; jacket design; deck design; production component design; foundation pilings and templates, and mooring or tethering systems; fabrication or installation guidelines);

(iii) Location of foundation boreholes and foundation piles; and

(iv) Foundation information (e.g., soil stability, design criteria).

The applicant shall submit four (4) paper copies and one (1) electronic copy.

(7) A complete set of design calculations

Self-explanatory.

The applicant shall submit four (4) paper copies and one (1) electronic copy.

(8) Project-specific studies used in the facility design or installation

All studies pertinent to facility design or installation, (e.g., oceanographic and soil reports)

The applicant shall submit four (4) paper copies and one (1) electronic copy.

(9) Description of the loads imposed on the facility

(i) Loads imposed by jacket;

(ii) Turbines;

(iii) Transition pieces;

(iv) Foundations, foundation pilings and templates, and anchoring systems; and

(v) Mooring or tethering systems.

The applicant shall submit four (4) paper copies and one (1) electronic copy.

(10) Geotechnical report

A list of all data from borings and recommended design parameters.

The applicant shall submit four (4) paper copies and one (1) electronic copy.

b.For any floating facility, the applicant’s design shall meet the requirements of the U.S. Coast Guard for structural integrity and stability (e.g., verification of center of gravity). The design shall also consider:

(1)Foundations, foundation pilings and templates, and anchoring systems; and

(2)Mooring or tethering systems.

c.The applicant is required to use a certified verified agent (CVA). The facility design report shall include two paper copies of the following certification statement: ‘‘The design of this structure has been certified by a Council approved CVA to be in accordance with accepted engineering practices and the approved SAP, or COP as appropriate. The certified design and as-built plans and specifications shall be on file at (given location).’’

d.Fabrication and installation report - The applicant’s fabrication and installation report shall describe how the applicant’s facilities shall be fabricated and installed in accordance with the design criteria identified in the facility design report; the applicant’s approved SAP or COP; and generally accepted industry standards and practices. The applicant’s fabrication and installation report shall demonstrate how the applicant’s facilities shall be fabricated and installed in a manner that conforms to the applicant’s responsibilities listed in § 11.9(G) of this Part. The applicant shall include the following items in the applicant’s fabrication and installation report:

(1)Table 2: Contents of the fabrication and installation report.

Required documents:

Required contents:

Other requirements:

(1) Cover letter

(i) Proposed facility designation;

(ii) Area, name, and block number; and

(iii) The type of facility

The applicant shall submit four (4) paper copies and one (1) electronic copy.

(2) Schedule

Fabrication and installation.

The applicant shall submit four (4) paper copies and one (1) electronic copy.

(3) Fabrication information

The industry standards the applicant shall use to ensure the facilities are fabricated to the design criteria identified in the facility design report.

The applicant shall submit four (4) paper copies and one (1) electronic copy.

(4) Installation process information

Details associated with the deployment activities, equipment, and materials, including offshore and onshore equipment and support, and anchoring and mooring permits.

The applicant shall submit four (4) paper copies and one (1) electronic copy.

(5) Federal, State, and local permits (e.g., EPA, Army Corps of Engineers)

Either one (1) copy of the permit or information on the status of the application.

The applicant shall submit four (4) paper copies and one (1) electronic copy.

(6) Environmental information

(i) Water discharge;

(ii) Waste disposal;

(iii) Vessel information; and

(iv) Onshore waste receiving treatment or disposal facilities.

The applicant shall submit four (4) paper copies and one (1) electronic copy. If the applicant submitted these data as part of the SAP or COP, the applicant may reference the plan.

(7) Project easement

Design of any cables, pipelines, or facilities. Information on burial methods and vessels.

The applicant shall submit four (4) paper copies and one (1) electronic copy.

e.A CVA report shall include the following: a fabrication and installation report which shall include four paper copies of the following certification statement: ‘‘The fabrication and installation of this structure has been certified by a Council approved CVA to be in accordance with accepted engineering practices and the approved SAP or COP as appropriate.”

9.Based on the Council’s environmental and technical reviews, if approved, the Council may specify terms and conditions to be incorporated into any approval the Council may issue. The applicant shall submit a certification of compliance annually (or another frequency as determined by the Council) with certain terms and conditions which may include:

a.Summary reports that show compliance with the terms and conditions which require certification; and

b.A statement identifying and describing any mitigation measures and monitoring methods, and their effectiveness. If the applicant identified measures that were not effective, then the applicant shall make recommendations for new mitigation measures or monitoring methods.

10.After the applicant’s COP, facility design report, and fabrication and installation report is approved, and the Council has issued a permit and lease for the project site, construction shall begin by the date given in the construction schedule included as a part of the approved COP, unless the Council approves a deviation from the applicant’s schedule.

11.The applicant shall seek approval from the Council in writing before conducting any activities not described in the applicant’s approved COP. The application shall describe in detail the type of activities the applicant proposes to conduct. The Council shall determine whether the activities the applicant proposes are authorized by the applicant’s existing COP or require a revision to the applicant’s COP. The Council may request additional information from the applicant, if necessary, to make this determination.

12.The Council shall periodically review the activities conducted under an approved COP. The frequency and extent of the review shall be based on the significance of any changes in available information, and on onshore or offshore conditions affecting, or affected by, the activities conducted under the applicant’s COP. If the review indicates that the COP should be revised, the Council may require the applicant to submit the needed revisions.

13.The applicant shall notify the Council, within 5 business days, any time the applicant ceases commercial operations, without an approved suspension, under the applicant’s approved COP. If the applicant ceases commercial operations for an indefinite period which extends longer than 6 months, the Council may cancel the applicant’s lease, and the applicant shall initiate the decommissioning process.

14.The applicant shall notify the Council in writing of the following events, within the time periods provided:

a.No later than ten (10) days after commencing activities associated with the placement of facilities on the lease area under a fabrication and installation report.

b.No later than ten (10) days after completion of construction and installation activities under a fabrication and installation report.

c.At least seven (7) days before commencing commercial operations.

15.The applicant may commence commercial operations within thirty (30) days after the CVA has submitted to the Council the final fabrication and installation report.

16.The applicant shall submit a project modification and repair report to the Council, demonstrating that all major repairs and modifications to a project conform to accepted engineering practices.

a.A major repair is a corrective action involving structural members affecting the structural integrity of a portion of or all the facility.

b.A major modification is an alteration involving structural members affecting the structural integrity of a portion of or all the facility.

c.The report must also identify the location of all records pertaining to the major repairs or major modifications.

d.The Council may require the applicant to use a CVA for project modifications and repairs.

C.Design, fabrication and installation standards

1.Certified verification agent - The certified verification agent (CVA) shall use good engineering judgment and practices in conducting an independent assessment of the design, fabrication and installation of the facility. The CVA shall certify in the facility design report to the Council that the facility is designed to withstand the environmental and functional load conditions appropriate for the intended service life at the proposed location. The CVA is paid for by the applicant, but is approved and reports to the Council.

a.The applicant shall use a CVA to review and certify the facility design report, the fabrication and installation report, and the project modifications and repairs report. The applicant shall use a CVA to:

(1)Ensure that the applicant’s facilities are designed, fabricated, and installed in conformance with accepted engineering practices and the facility design report and fabrication and installation report;

(2)Ensure that repairs and major modifications are completed in conformance with accepted engineering practices; and

(3)Provide the Council immediate reports of all incidents that affect the design, fabrication, and installation of the project and its components.

2.Nominating a CVA for Council approval- The applicant shall nominate a CVA for the Council approval. The applicant shall specify whether the nomination is for the facility design report, fabrication and installation report, modification and repair report, or for any combination of these.

a.For each CVA that the applicant nominates, the applicant shall submit to the Council a list of documents they shall forward to the CVA and a qualification statement that includes the following:

(1)Previous experience in third-party verification or experience in the design, fabrication, installation, or major modification of offshore energy facilities;

(2)Technical capabilities of the individual or the primary staff for the specific project;

(3)Size and type of organization or corporation;

(4)In-house availability of, or access to, appropriate technology (including computer programs, hardware, and testing materials and equipment);

(5)Ability to perform the CVA functions for the specific project considering current commitments;

(6)Previous experience with the Council requirements and procedures, if any; and

(7)The level of work to be performed by the CVA.

3.Individuals or organizations acting as CVAs shall not function in any capacity that shall create a conflict of interest, or the appearance of a conflict of interest.

4.The verification shall be conducted by or under the direct supervision of registered professional engineers.

5.The Council shall approve or disapprove the applicant’s CVA prior to construction.

6.The applicant shall nominate a new CVA for the Council approval if the previously approved CVA:

a.Is no longer able to serve in a CVA capacity for the project; or

b.No longer meets the requirements for a CVA set forth in this subpart.

7.The CVA shall conduct an independent assessment of all proposed:

a.Planning criteria;

b.Operational requirements;

c.Environmental loading data;

d.Load determinations;

e.Stress analyses;

f.Material designations;

g.Soil and foundation conditions;

h.Safety factors; and

i.Other pertinent parameters of the proposed design.

8.For any floating facility, the CVA shall ensure that any requirements of the U.S. Coast Guard for structural integrity and stability (e.g., verification of center of gravity), have been met. The CVA shall also consider:

a.Foundations;

b.Foundation pilings and templates, and

c.Anchoring systems.

9.The CVA shall do all of the following:

a.Use good engineering judgment and practice in conducting an independent assessment of the fabrication and installation activities;

b.Monitor the fabrication and installation of the facility;

c.Make periodic onsite inspections while fabrication is in progress and verify the items required by § 11.9.8(C)(11) of this Part;

d.Make periodic onsite inspections while installation is in progress and satisfy the requirements of § 11.9.8(C)(12) of this Part; and

e.Certify in a report that project components are fabricated and installed in accordance with accepted engineering practices; the applicant’s approved COP or SAP; and the fabrication and installation report.

(1)The report shall also identify the location of all records pertaining to fabrication and installation.

(2)The applicant may commence commercial operations or other approved activities thirty (30) days after the Council receives that certification report, unless the Council notifies the applicant within that time period of its objections to the certification report.

10.The CVA shall monitor the fabrication and installation of the facility to ensure that it has been built and installed according to the facility design report and fabrication and Installation Report.

a.If the CVA finds that fabrication and installation procedures have been changed or design specifications have been modified, the CVA shall inform the applicant and the Council.

11.The CVA shall make periodic onsite inspections while fabrication is in progress and shall verify the following items, as appropriate:

a.Quality control by lessee (or grant holder) and builder;

b.Fabrication site facilities;

c.Material quality and identification methods;

d.Fabrication procedures specified in the fabrication and installation report, and adherence to such procedures;

e.Welder and welding procedure qualification and identification;

f.Adherence to structural tolerances specified;

g.Nondestructive examination requirements and evaluation results of the specified examinations;

h.Destructive testing requirements and results;

i.Repair procedures;

j.Installation of corrosion protection systems and splash-zone protection;

k.Erection procedures to ensure that overstressing of structural members does not occur;

l.Alignment procedures;

m.Dimensional check of the overall structure, including any turrets, turret and- hull interfaces, any mooring line and chain and riser tensioning line segments; and

n.Status of quality-control records at various stages of fabrication.

12.The CVA shall make periodic onsite inspections while installation is in progress and shall, as appropriate, verify, witness, survey, or check, the installation items required by this section. The CVA shall verify, as appropriate, all of the following:

a.Load out and initial flotation procedures;

b.Towing operation procedures to the specified location, and review the towing records;

c.Launching and uprighting activities;

d.Submergence activities;

e.Pile or anchor installations;

f.Installation of mooring and tethering systems;

g.Transition pieces, support structures, and component installations; and

h.Installation at the approved location according to the facility design report and the fabrication and installation report.

13.For a fixed or floating facility, the CVA shall verify that proper procedures were used during the following:

a.The loadout of the transition pieces and support structures, piles, or structures from each fabrication site; and

b.The actual installation of the facility or major modification and the related installation activities.

14.For a floating facility, the CVA shall verify that proper procedures were used during the following:

a.The loadout of the facility;

b.The installation of foundation pilings and templates, and anchoring systems.

15.The CVA shall conduct an onsite survey of the facility after transportation to the approved location.

16.The CVA shall spot-check the equipment, procedures, and recordkeeping as necessary to determine compliance with the applicable documents incorporated by reference and the regulations under this part.

17.The CVA shall prepare and submit to the applicant and the Council all reports required by this subpart. The CVA shall also submit interim reports to the applicant and the Council, as requested by the Council. The CVA shall submit one electronic copy and four paper copies of each final report to the Council. In each report, the CVA shall:

a.Give details of how, by whom, and when the CVA activities were conducted;

b.Describe the CVA’s activities during the verification process;

c.Summarize the CVA’s findings; and

d.Provide any additional comments that the CVA deems necessary.

18.Until the Council releases the applicant’s financial assurance under § 11.9.8(D)(2) of this Part, the applicant shall compile, retain, and make available to the Council representatives, all of the following:

a.The as-built drawings;

b.The design assumptions and analyses;

c.A summary of the fabrication and installation examination records;

d.Results from the required inspections and assessments;

e.Records of repairs not covered in the inspection report submitted.

19.The applicant shall record and retain the original material test results of all primary structural materials during all stages of construction until the Council releases the applicant’s financial assurance under § 11.9.8(D)(2) of this Part. Primary material is material that, should it fail, would lead to a significant reduction in facility safety, structural reliability, or operating capabilities. Items such as steel brackets, deck stiffeners and secondary braces or beams would not generally be considered primary structural members (or materials).

20.The applicant shall provide the Council with the location of these records in the certification statement.

21.The Council may hire its own CVA agent to review the work of the applicants CVA. The applicant shall be responsible for the cost of the Council’s CVA. The Council’s CVA shall perform those duties as assigned by the Council.

D.Pre-construction standards

1.The Council may issue a permit for a period of up to fifty (50) years to construct and operate an offshore development. A lease shall be issued at the start of the construction phase and payment shall commence at the end of the construction phase. Lease payments shall be due when the project becomes operational. Lease renewal shall be submitted five (5) years before the end of the lease term. Council approval shall be required for any assignment or transfer of the permit or lease. This provision shall not apply to aquaculture permitting. Aquaculture permitting and leasing are governed by the provisions of R.I. Gen. Laws Chapter 20-10 and § 00-1.3.1(K) of this Chapter.

2.Prior to construction, the assent holder shall post a performance bond sufficient to ensure removal of all structures at the end of the lease and restoration of the site. The Council shall review the bond amount initially and every three (3) years thereafter to ensure the amount is sufficient.

3.Prior to construction, the assent holder shall show compliance with all federal and state agency requirements, which may include but are not limited to the requirements of the following agencies: the Rhode Island Coastal Resources Management Council, the Rhode Island Department of Environmental Management, the Rhode Island Energy Facilities Siting Board, the Rhode Island Historical Preservation and Heritage Commission, U.S. Department of the Interior Bureau of Ocean Energy Management, Army Corps of Engineers, National Oceanic and Atmospheric Administration, U.S. Fish and Wildlife Service, and the U.S. Environmental Protection Agency.

4.The Council shall consult with the U.S. Coast Guard, the U.S. Navy, marine pilots, the Fishermen’s Advisory Board as defined in § 11.3(E) of this Part, fishermen’s organizations, and recreational boating organizations when scheduling offshore marine construction or dredging activities. Where it is determined that there is a significant conflict with season-limited commercial or recreational fishing activities, recreational boating activities or scheduled events, or other navigation uses, the Council shall modify or deny activities to minimize conflict with these uses.

5.The Council shall require the assent holder to provide for communication with commercial and recreational fishermen, mariners, and recreational boaters regarding offshore marine construction or dredging activities. Communication shall be facilitated through a project website and shall complement standard U.S. Coast Guard procedures such as Notices to Mariners for notifying mariners of obstructions to navigation.

6.For all large-scale offshore developments, underwater cables, and other development projects as determined by the Council, the assent holder shall designate and fund a third-party fisheries liaison. The fisheries liaison must be knowledgeable about fisheries and shall facilitate direct communication between commercial and recreational fishermen and the project developer. Commercial and recreational fishermen shall have regular contact with and direct access to the fisheries liaison throughout all stages of an offshore development (pre-construction; construction; operation; and decommissioning).

7.Where possible, offshore developments should be designed in a configuration to minimize adverse impacts on other user groups, which include but are not limited to: recreational boaters and fishermen, commercial fishermen, commercial ship operators, or other vessel operators in the project area. Configurations which may minimize adverse impacts on vessel traffic include, but are not limited to, the incorporation of a traffic lane through a development to facilitate safe and direct navigation through, rather than around, an offshore development.

8.Any assent holder of an approved offshore development shall work with the Council when designing the proposed facility to incorporate where possible mooring mechanisms to allow safe public use of the areas surrounding the installed turbine or other structure.

9.The facility shall be designed in a manner that minimizes adverse impacts to navigation. As part of its application package, the project applicant shall submit a navigation risk assessment under the U.S. Coast Guard’s Navigation and Vessel Inspection Circular 02-07, “Guidance on the Coast Guard’s Roles and Responsibilities for Offshore Renewable Energy Installations.”

10.Applications for projects proposed to be sited in state waters pursuant to the Ocean SAMP shall not have a significant impact on marine transportation, navigation, and existing infrastructure. Where the Council, in consultation with the U.S. Coast Guard, the U.S. Navy, NOAA, the U.S. Bureau of Ocean Energy Management, Regulation and Enforcement, the U.S. Army Corps of Engineers, marine pilots, the R.I. Port Safety and Security Forums, or other entities, as applicable, determines that such an impact on marine transportation, navigation, and existing infrastructure is unacceptable, the Council shall require that the applicant modify the proposal or the Council shall deny the proposal. For the purposes of marine transportation policies and standards as summarized in Ocean SAMP Chapter 7, impacts will be evaluated according to the same criteria used by the U.S. Coast Guard, as follows; these criteria shall not be construed to apply to any other Ocean SAMP chapters or policies:

a.Negligible: No measurable impacts.

b.Minor: Adverse impacts to the affected activity could be avoided with proper mitigation; or impacts would not disrupt the normal or routine functions of the affected activity or community; or once the impacting agent is eliminated, the affected activity would return to a condition with no measurable effects from the proposed action without any mitigation.

c.Moderate: Impacts to the affected activity are unavoidable; and proper mitigation would reduce impacts substantially during the life of the proposed action; or the affected activity would have to adjust somewhat to account for disruptions due to impacts of the proposed action; or once the impacting agent is eliminated, the affected activity would return to a condition with no measurable effects from the proposed action if proper remedial action is taken.

d.Major: Impacts to the affected activity are unavoidable; proper mitigation would reduce impacts somewhat during the life of the proposed action; the affected activity would experience unavoidable disruptions to a degree beyond what is normally acceptable; and once the impacting agent is eliminated, the affected activity may retain measurable effects of the proposed action indefinitely, even if remedial action is taken.

11.Prior to construction, the Applicant shall provide a letter from the U.S. Coast Guard showing it meets all applicable U.S. Coast Guard standards.

E.Standards for construction activities

1.The assent holder shall use the best available technology and techniques to minimize impacts to the natural resources and existing human uses in the project area.

2.The Council shall require the use of an environmental inspector to monitor construction activities. The environmental inspector shall be a private, third-party entity that is hired by the assent holder, but is approved and reports to the Council. The environmental inspector shall possess all appropriate qualifications as determined by the Council. This inspector service may be part of the CVA requirements.

3.Installation techniques for all construction activities should be chosen to minimize sediment disturbance. Jet plowing and horizontal directional drilling in near-shore areas shall be required in the installation of underwater transmission cables. Other technologies may be used provided the applicant can demonstrate they are as effective, or more effective, than these techniques in minimizing sediment disturbance.

4.All construction activities shall comply with the policies and standards outlined in the Rhode Island Coastal Resources Management Program (RICRMP), as well as the regulations of other relevant state and federal agencies.

5.The applicant shall conduct all activities on the applicant’s permit under this part in a manner that conforms with the applicant’s responsibilities in § 11.10.1(E) of this Part, and using:

a.Trained personnel; and

b.Technologies, precautions, and techniques that shall not cause undue harm or damage to natural resources, including their physical, atmospheric, chemical and biological components.

6.The assent holder shall be required to use the best available technology and techniques to mitigate any associated adverse impacts of offshore renewable energy development.

a.As required, the applicant shall submit to the Council:

(1)Measures designed to avoid or minimize adverse effects and any potential incidental take of endangered or threatened species as well as all marine mammals;

(2)Measures designed to avoid likely adverse modification or destruction of designated critical habitat of such endangered or threatened species; and

(3)The applicant’s agreement to monitor for the incidental take of the species and adverse effects on the critical habitat, and provide the results of the monitoring to the Council as required.

7.If the assent holder, the assent holder’s subcontractors, or any agent acting on the assent holder’s behalf discovers a potential archaeological resource while conducting construction activities or any other activity related to the Assent Holder’s project, the applicant shall:

a.Immediately halt all seafloor disturbing activities within the area of the discovery;

b.Notify the Council of the discovery within 24 hours; and

c.Keep the location of the discovery confidential and not take any action that may adversely affect the archaeological resource until the Council has made an evaluation and instructed the applicant on how to proceed.

(1)The Council may require the assent holder to conduct additional investigations to determine if the resource is eligible for listing in the National Register of Historic Places under 36 C.F.R. § 60.4. The Council shall do this if:

(AA)The site has been impacted by the assent holder’s project activities; or

(BB)Impacts to the site or to the area of potential effect cannot be avoided.

(2)If the Council incurs costs in protecting the resource, under section 110(g) of the NHPA, the Council may charge the applicant reasonable costs for carrying out preservation responsibilities.

8.Post construction, the assent holder shall provide a side scan sonar survey of the entire construction site to verify that there is no post construction debris left at the project site. These side-scan sonar survey results shall be filed with the Council within ninety (90) days of the end of the construction period. The results of this side-scan survey shall be verified by a third-party reviewer, who shall be hired by the assent holder but who is pre-approved by and reports to the Council.

9.All pile-driving or drilling activities shall comply with any mandatory best management practices established by the Council in coordination with the Joint Agency Working Group and which are incorporated into the RICRMP.

10.The Council may require the assent holder to hire a CVA to perform periodic inspections of the structure(s) during the life of those structure(s). The CVA shall work for and be responsible to the council.

F.When mitigation is required by the Council, the reasonable costs associated with mitigation negotiations, which may include data collection and analysis, technical and financial analysis, and legal costs, shall be borne by the applicant. The applicant shall establish and maintain either an escrow account to cover said costs of the negotiations or such other mechanism as set forth in the permit or approval condition pertaining to mitigation.

G.The CRMC shall convene a Wind Energy Industry-Fishery Coordination Board that will be composed of invited representatives of wind energy developers with projects located within state waters and the Rhode Island 2011 and 2018 GLDs, fishery representatives of the major sectors from the states of Rhode Island and Massachusetts, and state fishery and coastal management representatives from each state, including any other representatives of state or federal agencies deemed necessary. The Board will meet semi-annually to discuss and resolve fishery and wind industry interactions during and after the construction phase of each wind energy project.

11.9.9Baseline Assessment Requirements and Standards in State Waters

A.The Council in coordination with the Joint Agency Working Group, as described in § 11.9.7(I) of this Part, shall determine requirements for the development of baseline assessments prior to, during, and post construction for all offshore projects. Monitoring of offshore projects is essential to determine whether construction and operation activities may have an adverse impact on the physical and biological components of offshore waters. In particular, establishment of pre-construction baseline assessments of commercial and recreational fishery resource conditions (i.e., community structure, biodiversity, and species biomass, abundance, size distribution) is necessary for evaluation of any potential coastal effects. Assessments and monitoring are essential to determine whether there are any potential coastal effects and potential cumulative impacts resulting from the construction and operation of multiple wind energy projects. Specific assessment and monitoring requirements shall be determined on a project-by-project basis and may include but are not limited to the assessment and monitoring of:

1.Coastal processes and physical oceanography

2.Underwater noise

3.Benthic ecology

4.Avian species

5.Marine mammals

6.Sea turtles

7.Fish and fish habitat

8.Commercial and recreational fishing

9.Recreation and tourism

10.Marine transportation, navigation and existing infrastructure

11.Cultural and historic resources

B.The Council shall require where appropriate that project developers perform systematic observations of recreational boating intensity at the project area at least three times: pre-construction; during construction; and post-construction. Observations may be made while conducting other field work or aerial surveys and may include either visual surveys or analysis of aerial photography or video photography. The Council shall require where appropriate that observations capture both weekdays and weekends and reflect high-activity periods including, but not limited to, the July 4th holiday weekend, the week in June when the Block Island Race Week typically takes place, and other recreational boating events within Narragansett Bay, and Rhode Island and Block Island Sounds. The quantitative results of such observations, including raw boat counts and average number of vessels per day, will be provided to the Council.

C.The items listed below shall be required for all offshore developments:

1.A biological assessment of commercially and recreationally targeted fishery species shall be required within the project area for all offshore developments for the periods specified in § 11.9.9(E) of this Part. This assessment shall assess the relative abundance, distribution, and different life stages of these species at all four seasons of the year. This assessment shall comprise a series of surveys, using survey equipment and methods that are appropriate for sampling finfish, shellfish, and crustacean species at the project’s proposed location. This assessment may include evaluation of survey data collected through an existing survey program, if data are available for the proposed site.

2.An assessment of commercial and recreational fisheries effort, landings, and landings value shall be required for all proposed offshore developments. The assessment shall focus on the proposed project area and any alternatives. This assessment shall evaluate commercial and recreational fishing effort, landings, and landings value at three different stages: pre-construction (to assess baseline conditions); during construction; and during operation, as specified in § 11.9.9(E) of this Part. At each stage, all four seasons of the year must be evaluated. Assessment may use existing fisheries monitoring data but shall be supplemented by interviews with commercial and recreational fishermen. Assessment shall address whether fishing effort, landings, and landings value has changed in comparison to baseline (pre-construction) conditions.

D.The Council in coordination with the Joint Agency Working Group may also require facility and infrastructure monitoring requirements that may include but are not limited to:

1.Post construction monitoring including regular visual inspection of inner array cables and the primary export cable to ensure proper burial, foundation and substructure inspection.

E.Assessment standards – applicants shall provide the following biological assessments necessary to establish the baseline conditions of the fishery resource conditions during the project phases detailed below so that an analysis of comparison between project phases can be completed to assess whether project construction, installation and operation has resulted in significant adverse impacts to the commercial and recreational fishery resources.

1.Pre-construction baseline biological assessments of commercial and recreational targeted fishery species as specified in § 11.9.9(C) of this Part for a minimum of two (2) complete years before offshore construction and installation activities begin;

2.During construction biological assessments of commercial and recreational targeted fishery species as specified in § 11.9.9(C) for each year (if construction extends beyond a single year) of construction and installation; and

3.Post-construction biological assessments of commercial and recreational targeted fishery species as specified in § 11.9.9(C) of this Part for three (3) complete years following completion of construction and installation activities and during the operational phase of the project.

F.The Council shall require post-construction assessments of commercial and recreational targeted fishery species at five (5) year intervals following the post-construction monitoring required in § 11.9.9(E)(3) of this Part. The assessments shall be conducted during the four seasons of a year as specified in § 11.9.9(C) of this Part. If the analysis of post-construction assessments demonstrate adverse impacts to fishery species as compared to the baseline assessments required in § 11.9.9(E)(1) of this Part that are attributable to the construction or operation of a wind energy project, then the Council may require mitigation measures consistent with §§ 11.10.1(E) and (F) of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2019-10-06 to 01/04/2022
• Technical Revision — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2018-06-11 to 10/06/2019
• Amendment — effective from 2013-08-12 to 06/11/2018
• Amendment — effective from 2013-05-07 to 08/12/2013
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-11 § 11.10 Regulatory Standards

A.This section contains all the regulatory standards outlined by the Ocean SAMP. The regulatory standards have been organized according to the following stages: application; design, fabrication and installation; pre-construction; construction and decommissioning and; monitoring. § 11.10.1 of this Part, Overall Regulatory Standards, applies to all stages of development. The regulatory standards contained within all previous chapters of the Ocean SAMP document have been incorporated into this section based upon the applicable stage of development. The “Regulatory Standards” in § 11.10 of this Part are enforceable policies for purposes of the federal CZMA federal consistency provision (16 U.S.C. § 1456 and 15 C.F.R. Part 930). For CZMA federal consistency purposes the Council shall use the Regulatory Standards, in addition to other applicable federally approved RICRMP enforceable policies, as the basis for a CRMC CZMA federal consistency concurrence or objection.

B.The federal offshore renewable energy leasing process, and subsequent regulation of renewable energy projects located in federal waters, are under the jurisdiction of the U.S. Department of the Interior, Bureau for Ocean Energy Management (BOEM), in consultation and coordination with relevant federal agencies and affected state, local, and tribal officials, under BOEM’s statutory authority at 43 U.S.C. § 1337(p) and BOEM’s regulations found at 30 C.F.R. Part 285.

11.10.1Overall Regulatory Standards

A.All offshore developments regardless of size, including energy projects, which are proposed for or located within state waters of the Ocean SAMP area, are subject to the policies and standards outlined in §§ 11.9 and 11.10 of this Part. The Council shall not use § 11.9 of this Part for CRMC concurrences or objections for CZMA federal consistency reviews. For the purposes of the Ocean SAMP, offshore developments are defined as:

1.Large-scale projects, such as:

a.Offshore wind facilities (5 or more turbines within 2 km of each other, or 18 MW power generation);

b.Wave generation devices (2 or more devices, or 18 MW power generation);

c.Instream tidal or ocean current devices (2 or more devices, or 18 MW power generation);

d.Offshore LNG platforms (1 or more);

e.Artificial reefs (1/2 acre footprint and at least 4 feet high), except for projects of a public nature whose primary purpose is habitat enhancement; and

f.Outer continental shelf (OCS) exploration, development, and production plans.

2.Small-scale projects, defined as any projects that are smaller than the above thresholds;

3Underwater cables;

4.Mining and extraction of minerals, including sand and gravel;

5.Aquaculture projects of any size, as defined and regulated in § 00-1.3.1(K) of this Chapter;

6.Dredging, as defined and regulated in § 00-1.3.1(I) of this Chapter; or

7.Other development as defined in Subchapter 00 Part 1 of this Chapter (RICRMP – Red Book) which is located from the mouth of Narragansett Bay seaward, in tidal waters between 500 feet offshore and the 3-nautical mile, state water boundary.

B.In assessing the natural resources and existing human uses present in state waters of the Ocean SAMP area, the Council finds that the most suitable area for offshore renewable energy development in the state waters of the Ocean SAMP area is the renewable energy zone depicted in Figure 1 in § 11.10.1(O) of this Part, below. The Council designates this area as Type 4E waters. In the Rhode Island Coastal Resources Management Program (Subchapter 00 Part 1 of this Chapter) these waters were previously designated as Type 4 (multipurpose) but are hereby modified to show that this is the preferred site for large scale renewable energy projects in state waters. The Council may approve offshore renewable energy development elsewhere in the Ocean SAMP area, within state waters, where it is determined to have no significant adverse impact on the natural resources or human uses of the Ocean SAMP area. Large-scale offshore developments shall avoid areas designated as Areas of Particular Concern consistent with § 11.10.2 of this Part. No large-scale offshore renewable energy development shall be allowed in Areas Designated for Preservation consistent with § 11.10.3 of this Part.

C.Offshore developments shall not have a significant adverse impact on the natural resources or existing human uses of the Rhode Island coastal zone, as described in the Ocean SAMP. In making the evaluation of the effect on human uses, the Council will determine, for example, if there is an overall net benefit to the Rhode Island marine economic sector from the development of the project or if there is an overall net loss. Where the Council determines that impacts on the natural resources or human uses of the Rhode Island coastal zone through the pre-construction, construction, operation, or decommissioning phases of a project constitute significant adverse effects not previously evaluated, the Council shall, through its permitting and enforcement authorities in state waters and through any subsequent CZMA federal consistency reviews, require that the applicant modify the proposal to avoid and/or mitigate the impacts or the Council shall deny the proposal.

D.Any large-scale offshore development, as defined in § 11.3(H) of this Part, shall require a meeting between the Fisherman’s Advisory Board (FAB), the applicant, and the Council staff to discuss potential fishery-related impacts, such as, but not limited to, project location, wind turbine configuration and spacing, construction schedules, alternative locations, project minimization and identification of high fishing activity or habitat edges. For any state permit process for a large-scale offshore development this meeting shall occur prior to submission of the state permit application. The Council cannot require a pre-application meeting for federal permit applications, but the Council strongly encourages applicants for any large-scale offshore development, as defined in § 11.3(H) of this Part, in federal waters to meet with the FAB and the Council staff prior to the submission of a federal application, lease, license, or authorization. These pre-application meetings, however, do not constitute a formal meeting to satisfy the necessary data and information required for federal consistency reviews, unless mutually agreed to between the CRMC and the applicant. However, for federal permit applicants, a meeting with the FAB as described within this section shall be necessary data and information required for federal consistency reviews for purposes of starting the CZMA 6-month review period for federal license or permit activities under 15 C.F.R. Part 930, Subpart D, and OCS Plans under 15 C.F.R. Part 930, Subpart E, pursuant to 15 C.F.R. § 930.58(a)(2).

1.For purposes of BOEM's renewable energy program under the Outer Continental Shelf Lands Act, the CZMA federal consistency process cannot begin until a construction and operations plan (COP) has been submitted for BOEM's review and approval. Once BOEM has determined the COP and supporting information is sufficient to begin its environmental review under the National Environmental Policy Act, a Notice of Intent to prepare an Environmental Impact Statement will be issued. Only when BOEM issues the COP Notice of Intent can the CZMA review period begin. In most cases, an applicant provides the necessary data and information to the state at the time the applicant files its consistency certification and once the consistency certification and necessary data and information are submitted to the state, the six-month CZMA review period begins. However, for CZMA purposes the CRMC FAB meeting can occur before BOEM issues the COP Notice of Intent if the CRMC and the applicant mutually agree. If the FAB meeting does not occur until after BOEM issues the COP Notice of Intent, then the CZMA six-month review period shall not begin until the day after the FAB meeting, providing that the applicant has submitted all other necessary data and information and the consistency certification pursuant to NOAA's regulations. If the applicant requests the FAB meeting, it must be made in writing to the CRMC and the Chair of the FAB. The CRMC shall schedule the meeting in a timely manner to ensure that the CZMA process is not delayed.

E.The Council shall prohibit any other uses or activities that would result in significant long-term negative impacts to Rhode Island’s commercial or recreational fisheries. Long-term impacts are defined as those that affect more than one or two seasons.

F.The Council shall require that the potential adverse impacts of offshore developments and other uses on commercial or recreational fisheries be evaluated, considered and mitigated as described in § 11.10.1(G) of this Part.

G.For the purposes of fisheries policies and standards as summarized in Ocean SAMP Chapter 5, Commercial and Recreational Fisheries, §§ 5.3.1 and 5.3.2 of this Subchapter, mitigation is defined as a process to make whole those fisheries user groups, including related shore-side seafood processing facilities, that are adversely affected by offshore development proposals or projects. Mitigation measures shall be consistent with the purposes of duly adopted fisheries management plans, programs, strategies and regulations of the agencies and regulatory bodies with jurisdiction over commercial and recreational fisheries , including but not limited to those set forth above in § 11.9.4(B) of this Part. Mitigation shall not be designed or implemented in a manner that substantially diminishes the effectiveness of duly adopted fisheries management programs. Mitigation measures may include, but are not limited to, compensation, effort reduction, habitat preservation, restoration and construction, marketing, and infrastructure and commercial fishing fleet improvements. Where there are potential impacts associated with proposed projects, the need for mitigation shall be presumed (see § 11.10.1(F) of this Part). Mitigation shall be negotiated between the Council staff, the FAB, the project developer, and approved by the Council. The final mitigation will be the mitigation required by the CRMC and included in the CRMC's Assent for the project or, included within the CRMC's federal consistency decision for a project’s federal permit application.

H.The Council recognizes that moraine edges, as illustrated in Figures 3 and 4 in § 11.10.2 of this Part, are important to commercial and recreational fishermen. In addition to these mapped areas, the FAB may identify other edge areas that are important to fisheries within a proposed project location. The Council shall consider the potential adverse impacts of future activities or projects on these areas to Rhode Island’s commercial and recreational fisheries. Where it is determined that there is a significant adverse impact, the Council will modify or deny activities that would impact these areas. In addition, the Council will require assent holders for offshore developments to employ micro-siting techniques in order to minimize the potential impacts of such projects on these edge areas.

I.The finfish, shellfish, and crustacean species that are targeted by commercial and recreational fishermen rely on appropriate habitat at all stages of their life cycles. While all fish habitat is important, spawning and nursery areas are especially important in providing shelter for these species during the most vulnerable stages of their life cycles. The Council shall protect sensitive habitat areas where they have been identified through the Site Assessment Plan or Construction and Operation Plan review processes for offshore developments as described in § 11.10.5(C) of this Part.

J.Any large-scale offshore development, as defined in this Part, shall require a meeting between the HAB, the applicant, and the Council staff to discuss potential marine resource and habitat-related issues such as, but not limited to, impacts to marine resource and habitats during construction and operation, project location, construction schedules, alternative locations, project minimization, measures to mitigate the potential impacts of proposed projects on habitats and marine resources, and the identification of important marine resource and habitat areas. For any state permit process for a large-scale offshore development, this meeting shall occur prior to submission of the state permit application. The Council cannot require a pre-application meeting for federal permit applications, but the Council strongly encourages applicants for any large-scale offshore development, as defined in this Part, in federal waters to meet with the HAB and the Council staff prior to the submission of a federal application, lease, license, or authorization. However, for federal permit applicants, a meeting with the HAB shall be necessary data and information required for federal consistency reviews for purposes of starting the CZMA six-month review period for federal license or permit activities under 15 C.F.R. Part 930, Subpart D, and OCS Plans under 15 C.F.R. Part 930, Subpart E, pursuant to 15 C.F.R. § 930.58(a)(2).

1.For purposes of BOEM's renewable energy program under the Outer Continental Shelf Lands Act, the CZMA federal consistency process cannot begin until a construction and operations plan (COP) has been submitted for BOEM's review and approval. Once BOEM has determined the COP and supporting information is sufficient to begin its environmental review under the National Environmental Policy Act, a Notice of Intent to prepare an Environmental Impact Statement will be issued. Only when BOEM issues the COP Notice of Intent can the CZMA review period begin. In most cases, an applicant provides the necessary data and information to the state at the time the applicant files its consistency certification and once the consistency certification and necessary data and information are submitted to the state, the six-month CZMA review period begins. However, for CZMA purposes the HAB meeting can occur before BOEM issues the COP Notice of Intent if the CRMC and the applicant mutually agree. If the HAB meeting does not occur until after BOEM issues the COP Notice of Intent, then the CZMA six-month review period shall not begin until the day after the HAB meeting, providing that the applicant has submitted all other necessary data and information and the consistency certification pursuant to NOAA's regulations. If the applicant requests the HAB meeting, it must be made in writing to the CRMC. The CRMC shall schedule the meeting in a timely manner to ensure that the CZMA process is not delayed.

K.The potential impacts of a proposed project on cultural and historic resources will be evaluated in accordance with the National Historic Preservation Act and Antiquities Act, and the Rhode Island Historical Preservation Act and Antiquities Act as applicable. Depending on the project and the lead federal agency, the projects that may impact marine historical or archaeological resources identified through the joint agency review process may require a marine archaeology assessment that documents actual or potential impacts the completed project will have on submerged cultural and historic resources.

L.Guidelines for marine archaeology assessment in the Ocean SAMP area can be obtained through the RIHPHC in their document, “Performance Standards and Guidelines for Archaeological Projects: Standards for Archaeological Survey” (RIHPHC 2007), or the lead federal agency responsible for reviewing the proposed development.

M.The potential non-physical impacts of a proposed project on cultural and historic resources shall be evaluated in accordance with 36 C.F.R. § 800.5, assessment of adverse effects, including the introduction of visual, atmospheric, or audible elements that diminish the integrity of the property’s significant historic features. Depending on the project and the lead federal agency, the Ocean SAMP Interagency Working Group may require that a project undergo a visual impact assessment that evaluates the visual impact a completed project will have on onshore cultural and historic resources.

N.A visual impact assessment may require the development of detailed visual simulations illustrating the completed project’s visual relationship to onshore properties that are designated National Historic Landmarks, listed on the National Register of Historic Places, or determined to be eligible for listing on the National Register of Historic Places. Assessment of impacts to specific views from selected properties of interest may be required by relevant state and federal agencies to properly evaluate the impacts and determination of adverse effect of the project on onshore cultural or historical resources.

O.A visual impact assessment may require description and images illustrating the potential impacts of the proposed project.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2019-10-06 to 01/04/2022
• Technical Revision — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2018-06-11 to 10/06/2019
• Amendment — effective from 2013-08-12 to 06/11/2018
• Amendment — effective from 2013-05-07 to 08/12/2013
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.

650-RICR-20-05-11 § 11.11 Appendix 1 - Overview of offshore development permitting process in state waters

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2019-10-06 to 01/04/2022
• Technical Revision — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2019-10-06 to 10/06/2019
• Amendment — effective from 2018-06-11 to 10/06/2019
• Amendment — effective from 2013-08-12 to 06/11/2018
• Amendment — effective from 2013-05-07 to 08/12/2013
• Technical Revision — effective from 2012-03-08 to 05/07/2013 Click here to view previous versions of this Part.