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-@2 A -, ...... . .. . Mi, Z3 5-7, S -1-f A H T W 168 .G7 77 2" ,., - A", W z G73 1973 -6 MAW Tv 0 GREENHILL: DEVELOPMENT AND A BARRIER BEACH A.REPORT by: J. Algmin J. Atkinson J. Chew J. DiPretero R. Gilstien G. Keller P. Leitao J. Loranger R. McMahon S. Nessing K. Payne A. Fletcher S.Protessorsky L. Smith M. Winogroad Graduate Curriculum in Community Planning and Area Development, University of Rhode Island, Winter 1972-73 TABLE OF CONTENTS INTRODUCTION TO THE CONFLICT ................. in which the historical forces of development are described-the s -and the report methodology is suggested. CONDITIONS AT THE BARRIER BEACH ............... In which the physical conditions are discussed-the impact of st tions, state and local regulations are examined-and goals and objec conditions. POSSIBLE PATTERNS OF DEVELOPMENT ............. In which alternatives are precipitated from forces as strict conse U S DEPARTMENT OF COMMERCE NOAA ment, limited private development, mixed public and private dev COASIAL SERVICES CENTER vate development-the alternatives are evaluated in terms of condit 12234 SOUTH HOBSON AVENUE alternative is chosen. CHARLESTON SC 29405-2413 LIMITED PUBLIC DEVELOPMENT, A SOLUTION ......... In which a design for limited public development, which respects and strategies for implementation are developed. AFTERWORD ................................. APENDICES ................................... A. Coastal zone goals of the State B. Constraints established by the State C. Agencies involved in the coastal zone D. Budget expenditures for State agencies E. Existing legislation inventory F. Review of existing State policy & local laws G. National Floodplain Insurance Act H. Potential methods for acquisition C..'D PrOPaZtY Of CSO Library This publication was funded by the Sea Grant Program, National Oceanic and Atmospheric Administration, U. S. Department of Commerce. The U. S. Government is authorized to produce and distribute reprints for governmental purposes notwith- standing any copyright notation that may appear hereon. The statements contained herein reflect only the opinions of the students who prepared this report as part of Studio C, Department of Community Planning and Area Development, University of Rhode Island. INTRODUCTION Throughout history, man has been attracted to the sea. This attraction has manifested itself in various ways: marine industries, travel, exploration, recreation. These activities become trans- lated into uses of the coasts- seaports, fishing villages, beaches, residential communities. Man has always been in awe of the sea's unrelenting natural processes. Unfortunately, he has failed to con- PROVIDENCE vey this respect to his practice in using the sea and the sea coast. Green Hill is located on Rhode Island's southern shore facing Block Island Sound and the Atlantic Ocean. It is less than an hour's drive from the heart of the Providence SMSA and is easily accessible to the cast coast megalopolis. The area straddles the borders of the towns of South Kingstown and Charlestown. Behind the ocean beach and dunes at Green Hill are salt ponds. From the salt ponds, the land slopes gently up for about a mile to the abrupt hills of the Charlestown Moraine. Between the salt ponds is land access to the beach. The conformation of the land has shaped the development which has taken place. WAKEFIELD (D GREENHILL WESTERLY RHODE ISLAND C 2 Historically, there have been two forces for coastal development: agriculture on the flat land, and summer recreation both around the ponds and on the beaches. Agriculture began in colonial times; colonial farm houses still stand in fields devoted to potatoes and pastures. Summer recre- ation development, which began around the turn of the century, concentrates where there is land access to the beach. Interest in Green Hill is regional; many of the homes belong to people outside Rhode Island. At Green Hill, summer residential development fans out slightly at the beach and turns west along the dune: there is a motel on the inland side and new beach houses -vulnerable to the sea-are perched on top of the dune. This development then bends back inland toward Charlestown, along the edge of Green Hill Pond, mixing with older development as it crowds and surrounds the pond. In Charlestown, development thins as it nears the beach, where there is a parking lot. Then to the east and west there are houses built on the dunes-six already constructed, and six more under construction push east to meet the construction moving west from Green Hill. Two dozen more line up west on the dune toward the breachway. Two-tenths of a mile from the breachway, resi- dential development ends at State land, on which a small amount of parking is allowed. The houses being built on the barrier beach are the object of a controversy: an argument among men, and a contest between men and nature. The barrier beach is nothing more than sand dunes on top of a sand beach, forming a barricade which protects the salt pond and low-lying land from assault by the sea. Dune grass keeps the protective dune in place-the roots hold the sand, the blades catch the sand as it blows, and while dune grass can survive in the sand, wind, and salt, it can- not withstand the footsteps of man. Storms argue against the wisdom of building one's houses on the sand. The hurricane of 1938 left Rhode Island with 317 dead and $1 million in damages; the 1954 storm left 19 dead, 3,800 homes destroyed, and $2 million in damages. For years thereafter, South Kingstown's zoning or- dinance prevented the building of homes on the dunes. But in 1966, the ordinance was revised and the prohibition lifted The attraction to the sea prevailed, land values rose, and building on the dunes recommenced. ......... ... 'Ninilrdt P0114 F.. .... .... THR US TS OF DE VEL OPMENT. A L ONG THE B 15MadhW4Y Recently, however, concerned citizens noticed that the natural beauty and balance of the beach environment were threatened, and that lives and property would again be jeopardized if the building were allowed to continue. In an effort to stem the tide of development, ecologists asked, in 1972, that the South Kingstown Town Council reinstitute flood plan zoning. Owners of beach front property protested that the land was theirs to develop as they saw fit; if their land was to be taken, they demanded due compensation for the loss of their rights. The Town Council was unable to resolve this conflict, and so turned to the relatively new Rhode Island Coastal Resources Management Council (CRMC). The CRMC obtained a ruling from the Attorney General that the Council had the power to control development on the Rhode Island shoreline. But the construction did not abate. The South Kingstown Town Council then resorted to a moratorium on building permits in the area. Thus, two forces, development and conservation, are in direct conflict at Green Hill. When they are combined with a third pressing force, the need for recreational facilities within the State, a true controversy begins to unfold. This report seeks a solution to the controversy. It is the result of an objective analysis, which attempts to show: -the barrier beach system and the type of development it can support, and -the forces for development of the barrier beach and the type of construction they imply. A solution to the controversy is suggested, and a plan for implementation of the solution is recommended. q R 'e NEWDEVELOPMENT THE ENVIRONS OF GREENHILL CONDITIONS AT THE BAR PHYSICAL CONDITIONS: Development does not take place in a vacuum. Wh vironment. So in weighing diverse forces for developmen basic understanding of its environmental system. The tw affecting use of the area are: 1) its sensitivity and uniqueness 2) its vulnerability to the forces of storms and hurri The Green Hill barrier beach is located in a relatively The mainland rises gently from the sea, interrupted at tim sea level; this gentle slope continues until it reaches the g is built. While the southern Rhode Island barrier beach syste points, a long stretch of the Green Hill barrier beach is dis marsh and by Green Hill Pond. This pond, with its tid water, may be, considered an estuary. The beach, the ma terdependent environmental system unique both in phy supports. The barrier beach, tidal marsh, and salt pond ducted in one zone will have an impact upon the other t and their relationship to the forces acting upon it are criti THE BARRIER BEACH SYSTEM: CROSS SECTION @@:7@777 77-7.77. pona Mar6k Mar,ok 6 The Salt Pond: The salt pond, or estuary, the largest physical area of the thrie-zone system, is an extremely productive environment. Fresh water nutrients flow into the pond from natural inland drainage systems, while salt water nutrients enter the pond through the Charlestown breachway. The result- ing level of salinity and the richness of nutrients encourage the growth of phytoplankton (micro- scopic plant and animal life upon which larger animals feed). This food supply fosters the produc- tion of fish and shellfish, and feeds migratory birds and waterfowl. At least 35 species of fish are known to exist in Green Hill Pond, including blackback flounder, and striped bass, Shellfish produced in the pond include crabs, softshell clams, and oysters. (It should be noted that the fish and clams make a substantial contribution to the Rhode Island fish- ing industry). The salt pond is the habitat of at least nine varieties of waterfowl. Among the most promin- ent are the Canadian goose, the ruddy duck and black duck. The Salt Marsh: Around the low-lying edges of the estuary exist a variety of grasses and other plant life which form the tidal marsh. The marsh is the source of the largest portion of the productivity of the marsh/pond/beach complex. Gross primary productivity is produced by three major elements: cord grasses (60%), mud algae (301/6), and phytoplankton (10%) (Teals, The Life and Death of a Salt Marsh). The tidally produced mixture of salt and fresh water in the marsh yields nutrient-rich grasses vital in sustaining a large animal population. As the grasses decompose, they form detritus which is washed into the salt pond and helps to feed the pond's fish life. Some decomposed grasses are also washed out to the sea where they are fed upon by ocean fish. The most important of these grasses is the "salt marsh cord grass," which grows nearest the water and is most tolerant of sea water. This grass is flooded both at low and high tides. Beyond, is the "salt meadow cord grass," which is less tolerant of salt water and marks the low tide limit. On the fringe of the marsh, numerous other plants grow, including seaside goldenrod and black rush. Another highly productive organism is mud algae. Its rapid turnover rate is responsible for its significance in the marsh productivity, since it thereby produces great quantities of nutrients, In addition to serving as a nursery for many species of shellfish and fish, the Green Hill tidal marsh also acts as a refuge for migratory birds. As in the case of the pond, the tidal marsh contains innumberable mussels, clam worms, and fish and shellfish larvae which sustain these birds. THE MARSH, THE PON, The Barrier Beach: On the ocean side of this salt pond-tidal marsh co sand-the barrier beach. The beach and its associated du vironmental system. Essential to the continued productivi es is the maintenance of the balance existing between th rier beach, as'the buffer and dike between the ocean an the preservation of this balance. The Green Hill barrier is principally composed of region by glaciers. Over time, sand was consolidated, by into a long narrow beach parrallel to the general trend of Sand is brought to the barrier beach primarily thro although a small amount also rea *ches the beach through th As a wave moves toward the shore, it reaches a depth o ciated with this "breaking" is an underwater turbulence at an angle to the shoreline, waves create a current parr suspension by the turbulence are thus transported longsho of erosion and deposition. At Green Hill, the movement o Breaking waves also determine the character of the panying sketch, the short, steep waves characteristic of to erode the beach face and create a steeper, narrower b edge of the breaker zone where it is deposited in one or in light weather generally) gentler waves tend to rebuild offshore bars on to the beach face in a more even manner profile, with a more Widely exposed upper beach face. SAND MOVEMENT AT THE BEACH cf OF wwo nctiovl hfforci@ drift 8 U (Z NOV-MAL WAVP- XTION While the barrier beach is formed largely by wave the dry upper beach face is picked up by the wind and be deposited at the back of the beach or on an existing perpendicular to the direction of the prevailing wind. Gi this foredune will migrate slowly landward and become new primary dune. This process is well-known to any v Cod National Seashore. Along portions of the highway, the shifting dunes from encroaching on the road. Clearly trees which have been engulfed. THE IMPA C T OF WA VES ON THE BEACH Lack of an-adequate supply of sand to the sout Hill, has resulted in the formation of only primary dune. below the stillwater levels of major storm surges, and driven waves. As a result, storm surges often wash and and creating washover fans-delta shaped blankets of marsh behind the dune. Besides seriously weakening quantities of sand from the beach-dune system and thu and its capacity to defend against storm action. This is al of the beach, as longshore transport is unable to fully rep side of the barrier. The rising sea level further heightens this problem. height of the dune is reduced and the shoreline is pushed rwi c via,5t lowainj 5TORM 'WAYP ATFA(,K While the sea waves cause instability in the barrie barrier beach with a defense against the attack of waves. conditions cause the larger waves to break well before re energy at some distance from the more vulnerable featt action in response to storm conditions through the sac sloping fair weather (summer) beach. Dunes provide an sacrificed to,dampen wave action during the more sever the high water levels of heavy storm surges,and prevent Essential to the final stabilizing effect of the sand American beach grass (Amphila breviligulata Fernald). which would otherwise be blown away by the wind. B root system and in its broad semi-tubular stems, it stabi but the most severe storm erosion. Although this plant h has an important limitation-it cannot withstand any de the wind is likely to erode the dune, forming "blowouts. endanger the existence of the dune. THE BEACHAS A DEFENSE AGAINST THE SEA 10 Impact of Storms: Severe storms offer striking evidence of the danger associatedtWith permanent building on the barrier beach. The major effects of coastal storms are largely due to storm surges-rises in sea level-caused by a combination of high winds and low atmospheric pressure-and large waves driven by the high winds. The surge (measured as the "stillwater level," as it would exist without the wave distur- . ...... bance) results in an abnormally high water level inundating parts of the beach not ordinarily cov- ered by water. Besides destroying weakened portions of the dunes by overtopping and breaching (thus exposing other portions of this environmental system to even greater destruction), the surge may result in danger to human life and severe damage to, if not total destruction of, all structures and utilities in the flooded area. In both the 1938 and 1954 hurricanes, Green Hill beach was sub- ject to surges roughly 12 feet above mean sea level. The dune crest at Green Hill beach is approxi- mately 10 feet above mean sea level. The Corps of Engineers' standard project hurricane, the most extreme considered to have a reasonable likelihood of occuring, approaches 17 feet above mean sea level. Wind-driven waves associated with such storms increase the damage to structures, endanger neighboring areas by transporting debris for considerable distances, impede rescue efforts, and M severely erode shorelines and dunes. While the major impacts of such waves are on the dune and beach areas, flood damage and lesser wave damage can occur in the low-lying areas behind the ponds. Devel4ment in such areas is likely to be subject to dangers of wind and wave propelled 1972 - BEACH EROSIC debris from destroyed beach development, and, if the dune is badly breached or leveled, it may be subjected to.nearly the full fury of the storm. The degree of such destruction, thus, is largely a function of the strength of the dune and the character and degree of development on the barrier beach itself. The destructive capabilities of storms at Green Hill can be seen in the accompanying series of photographs. In the first group, the results of a minor storm-November, 1972-are shown. The second group shows the effects of the 1938 hurricane. Both in 1938 and 1954 hurricanes are proof of the immense destructive power of the sea. Future development on the Green Hill barrier beach, and behind the ponds, must be considered in light of the severe property damage and loss of human life brought about in 1938 and 1954. 1938 - BEACH DEVELOPMENT BEFORE THE HURRICANE 19 3 8 - THE BEA Ch LEGAL CONDITIONS@@' Physical characteris 'c f the barrier beach milit man, through his laws and governmental policies, plays an area. (A complete legal inventory is contained in the App Out of this study come two key questions. Briefly tional scale, or, who has power over whom, and second, and local governments to residents of the barrier beaches mutually exclusive, for clarity's sake, they are here exami First, what is the jurisdictional scale involved in c power over whom in this area? What is the governmental There are two basic sectors in the coastal zone: be tide. In Rhode Island, the State holds legal title to all mean high tide mark seaward for three miles. While the Fe over aspects of commerce, navigation, and defense, the ceded to the states by the Submerged Lands Act of 1953. over the coast. In an effort to foster national recreation ment exercised these powers in the management of the C The area in the second sector between the mean somewhat controversial. Riparian owners (owners with I water) have exclusive rights to their shoreline, and yet t rights and access to the shore for the general public. with one another. In the second sector of the coastal zone, the land recently, in municipal and private control. However, re PRIVATE OWNERSHIP VS. PUBLIC CONTROL sources Management Council indicates that the State als line. g-d 11\ , IV) MEMA "Ira" TIDE SeA MWE OWNERSHIP ------ TATE. OWNERSHIP PLISUC ACCESS CA 1WNERS41P-- LOCAL ZONIN& CRMC ITURISDICTIO IN QVEST(ON 12 Authority exercised over the coastal zone by the State is deriv rom Article 1, ance is required to conform with the Town Section 17 of the Rhode Island Constitution. Its original intent was a guarantee of practice in Rhode Island. This is particularl) Rhode Island citizens' rights to fishery; however, as amended, it expands its guarantees area is designated in the Comprehensive Pla to the following: and yet is zoned as a residential area. A chronology of South Kingstown's le It shall be the duty of the General Assembly to provide for the con- tive confusion which has plagued t 'his area. I servation of the air, water, land, plant, animal, mineral, and other prehensive Plan, which designated the Greer natural resources of the State, and to adopt all means necessary and This'conformed with the zoning regulations proper by law to protect the natural environment of the people of a flood plain, unfit for residential develop the State, by providing adequate resource planning for the control dropped, and the area became zoned for r and regulation of the use of the natural resources of the State and smallest single-family residential lot size allov for the preservation, regeneration, and restoration of the natural en- were drawn, parcels were sold, and construct vironment of the State. the development had the potential of beco residential development. The General Assembly used Article 1, Section 17 to pass an Act, in July, 1971, On the one hand, the Comprehensive creating the Coastal Resources Management Council (CRMC). The policy statement of and overtures to the Department of the Int this body, although similar to the State Constitution, breaks away from traditional con- velopment. On the other hand, the original i cepts of coastal management by giving to the Council: dinance, the recent enlargement of building ions in the building code all tend to indicat authority over land areas (those above mean high water mark)... This the area. The policy of the South Kingstown shall be limited to the authority to approve, modify, set conditions In any case, the State exercises ultim for, or reject the design, location, construction, alteration, and oper- through the CRMC, and indirectly through t ation of specified activities or land uses when these are related to a town, through its zoning ordinance exercise water area under the agency's jurisdiction. but is subordinate to the State in regulation veto" system exists, in which both the Stat A legal controversy at Green Hill centers around the authority of the Coastal mining the land use of the coastal zone, but t Resources Management Council to regulate development along the barrier beach. The Second, what is the responsibility of ' CRMC issued "cease and desist" orders to all homes being constructed which have not citizens who have been permitted to develop had at least the pilings driven into the sand. The homeowners have challenged the con- The primary purpose of the local gover stitutionality of the CRMC's right to give such orders, and, until the issue is formally is to provide for the "health, safety, morals resolved in the courts, the State's Attorney General has indicated in an Opinion that traditionally includes the operation of a loc the CRMC does have the power to issue cease and desist orders .prohibiting further resi- transportation services, and provision of poli dential development on Green Hill Beach. In a zone which is regularly threatene The Rhode Island Department of Natural Resources (DNR) also has a regulatory and specifically in a barrier beach, the town role in the coastal zone. The Intertidal Salt Marshes Act requires the DNR to issue per- vide for the safety of any inhabitants who h mits for any alteration of the ecology of intertidal salt marshes (of which Green Hill The key to this responsibility is the zoning o, Pond is one). The DNR also exercises regulatory power under the Coastal Wetlands power to regulate or prohibit development o Act of 1966, which calls for rulings against any development which might reduce the ment to be unsafe, Once inhabitants have protection of life and property from flood, hurricane, and other natural disasters. town is obligated to provide rescue and relief The Town of South Kingstown, with its Town Council form of government, re- Given the predictable destructive capabi lies almost solely on zoning as its mechanism for regulating land use. The State enabling with the facts concerning the destruction ca legislation gives the town power to regulate and restrict land uses, provided it does so (such as the deaths of policemen conducting r on a uniform basis. The primary purpose of the zoning is "to promote he ,alth, safety, would incur a major responsibility, both fi morals, or the general welfare of the town." Although, technically, the zoning ordin- type of permanent residential development o GOALS AND OBJECTIVES General goals pertaining to development in the area arise from a synthesis of the SPECIFIC diverse forces for development, the physical conditions, and physical and legal con- State: straints. These goals, when considered from the perspective of the governments and the -To preserve the beach for recreation individuals involved, yield a number of more specific objectives. of fostering tourism and recreational d Barrier beaches are, as the description of physical conditions showed, sensitive -To plan for the use of the coastal z to development. It also should be noted that they are.relatively rare. Of the 419 miles terests affecting use of the area, of shore line in Rhode Island only 21 miles are barrier beach, and development has -To preserve public access to the shor taken place on about half of these 21 miles. The uniqueness, the vulnerability, and.the -To guarantee the rights to fishing (re beauty of barrier beaches dictate that their conservation be the primary goal. -To ensure that development conform Increases in population, coupled with increased leisure time and increased mo- -To protect water resources, bility, will result in the need for more public recreation areas. The supply of land suit- -To provide relief in case of disaster ed to recreational activities is limited. An increasing share of the coastal region must -To keep the public informed of coas be devoted to recreation. Recreation, therefore, becomes a secondary goal. Residential development can be accommodated on many varieties of lan@. The Town: beach, however, due to its sensitivity and the danger of storms, is a poor location for -To preserve the area in a natural stat residential development. The attraction of the sea only slightly diminishes when build- -To qualify for Flood Plain Insura ing is moved inland, to safer ground, and access to the beach is preserved. With regard limiting development, to the barrier beach, meeting residential demand has thus been ruled out as a desirable -To maintain ;the tax@,base- with resp goal. Property Owners Near The Beach: -To protect their investment by seein state, -To qualify for flood plain insuranc ment does not occur on the beach. Property Owners On The Beach: -To protect their investment by ens thus preserving the maximum propert Fishing Industry: -To ensure that marine life in the Gree by beach development. Conservationists: -To prevent the clespoilation of'wh area." 14 POSSIBLE PATTERNS OF DEVELOPMENT GENERATION OF ALTERNATIVES: Alternatives are generated by projecting combinations of the three forces through the conditions affecting the barrier beach to portray their eventual outcomes. Forces for conservation, recreation, and residential development are in conflict at Green Hill; these conflicts can be re- solved in various ways. The descriptions of physical and legal conditions have described the factors which, through their fric- tion and interaction, will eventually dictate the outcome. Some possible combinations of forces would place further strains on the environment; others would impose greater expenses on the taxpayer. The forces for total conservation and preservation generate a strict conservation alternative, while the forces for recrea- tion and public access temper this to a limited public type of development. The present residential construction, representing the private interests of a select group of residents, balanced with the conservation interests yield a limited private develop- ment. Mixed public1private development is an accommodation of both private and public interests in the use of the barrier beach. Finally, the continuance of present development patterns without further restraints can be labeled uncontrolled de- velopment. After these various configurations are defined, an attempt can be made to evaluate their probable outcomes. ,Ono= 0 a STRICT CONSER VA TION TO PRESER VE NA TURAL BEA UTY AND ECOLOGICAL BALANCE A - No Development Zone B - Restricted Development Zone A I - Strict conservation: This alternative has been developed with the sole intent of conserving the natural beauty, ecological balanc'e, and en- vironmental quality of the barrier beach, salt pond, and marsh. Two special zones have been envisioned. The first zone, a "no development" zone, would run from the Green Hill Beach Club to state-owned Charlestown Beach. Beach areas now privately owned would be acquired, by a public conservation agency, such as the Audubon Society. Existing development, utilities, and roads would be removed from the barrier beach. No inducements for use of the beach, such as parking lots or access roads, would be permitted. On the beach, barriers to such traffic as dune buggies would be installed if necessary, The second zone, a flood plain zone, would be established to restrict further development around the fringe of the salt pond. Regulations pertaining to minimum lot size and sewage disposal could be used to implement this type of regulation. In order to achieve the goals of this alternative, the Town of South Kingstown would also have to extend sewer lines to existing residences to prevent contamination of the pond. Beyond these two special zones, the normal town zoning ordinance would remain in effect. 2 - Limited public: This alternative combines conservation with some public access, and implies public acquisi- tion of the area. (See Diagram 2) In addition, certain vacant or non-utilized areas on the back fringe of the pond could be acquired for development as recreation areas. Use inimical to the en- vironment would have to be eliminated; some building would have to be removed. Environmental factors, the major determinants of use in this alternative, would prohibit large scale, unrestricted public use. Access could be limited by the size of parking facilities and by controlled admission. Properly located recreational uses, service facilities, and administrative structures, however, would be allowed. bAmq R-6.K (.'der [email protected] Pblic 8@@ GREEN HILL BARRIER LIMITED PUBLIC DEVELOPMENT.- CONSERVATION COMBINED 16 3 - Limited private: Limited private development would attempt to balance conservation with the acknowledged pressure for private development in the area, Year-round and seasonal residences, motels, and beach clubs would be allowed, although development would be carefully regulated to protect the environ- ment. This could be accomplished through the use of cluster zoning, and restrictive convenants re- quiring the developer of the property to maintain the beach and pond areas. The design would involve several high density residential development nodes on the inland side of Green Hill Pond (Diagram 3), single-family, semi-detached townhouses and garden apart- ments near the pond, and multi-story apartments set back from the pond. Parking for the resi- dences would be located away from the pond. Other development possibilities include a motel between Green Hill and Trustom Pond, the present site of a motel and beach club. The beach would be reserved for residents and motel patrons only-the general public to be served by the Charles- town State Beach and other state facilities. '4A .4m Private .001 GREEN HILL BARRIER BEACH LIMITED PRIVATE DEVELOPMENT. CONSERVATION BALANCED WITH 4 - Mixed public/private: .This concept balances public recreation and private development demands by allowing both uses on the beach. Some residential construction would continue, controlled through the use of flood plain zoning and minimum lot sizes. Parts of the beach could also be publicly acquired to guarantee public access (Diagram 4). Environmental quality could be maintained by town exten- sion of sewer lines to the beach development. In this case, no controls or design proposals would be applied to the area behind the pond. ?,q@t, 5@ch Bmk G MIXED PUBLICIPRIVATE DEVELOPMENT. PUBLIC RECREATION C 18 5 - Uncontrolled development: At the present time, the residential pressure on the Green Hill area is very strong. The uncon- trolled development alternative projects the consequences of this force continuing in its present path. In this case, current restrictions on the area would not,be expanded. Current platting could accommodate 208 single-family houses. Residential use alone could result in commercial development such as gas stations, small retail stores, improved roads" and perhaps even a shopping center, to be located near the beach area. Developer plans, however, might combine residential use with more profitable motels, marinas, restaurants, or other resort-related uses. C-W C.Qrs, co ,zz IJ T M115 44t UNCONTROLLED DEVELOPMENT. PRIVATE DEVELOPMENT 4 SELECTION OF ONE ALTERNATIVE: The alternatives are five possible outcomes of the conflict at Green Hill; each has its own val- idity and its own limitations. However, the optimal outcome, an equitable resolution to the con- flict, should be sought. The method of evaluating the alternatives to select the optimal consisted of the following: -identifying general assumptions about the future to form a basic framework within which to conduct the analysis; - considering cost/bcnefit implications for each alternative; - refining the results of the first two steps to form specific evaluation criteria. General assumptions about the future: A plan for the barrier beach at Green Hill must take into account the prospects of the area and the State. The following assumptions are based in part on the 1990 State Land Use Plan, 1972 Rhode Island Economic Statistics, and the Plan for Recreation, Conservation, and Open Space: _ Rhode Island population will increase moderately, according to current pro- jections, for the next twenty years. -Shore area communities will continue to increase in population at a faster rate than inland communities. -Shore area land values will continue to skyrocket, making large scale acquisi- tion more expensive. -Dernand for beach-oriented recreation activities will increase at a faster rate than population, because of spillover from other states, increased promotion by the Rhode Island Development Council, and increases in available leisure time. -The property tax will remain for at least five years as the primary source of lo- cal revenue. As such, local land use planning will remain highly susceptible to land speculation (particularly in areas endowed with natural amenities). -The Route I by-pass around Westerly, along with the Route 4 extension in South County will make southern Rhode Island more accessible to tourists from Connecticut, and residents of the northern parts of the state. -A state land use policy is 18-24 months away. The alternatives are weighed by comparing the costs and effectiveness of each. The optimal resolution maximizes beneficial effects, while it minimizes costs. Probably the conflict cannot be perfectly resolved, but the implications of each alternative must be reviewed. 20 ALTERNATIVE 1: STRICT CONSERVATION ALTERNATIVE 2: LIMITE Costs Effects Costs General Public General Land acquisition costs, demolition Successful preservation of a unique Land acquisition costs, demolition costs, cost of reimbursement to those area in its natural state, enhancement costs, cost of reimbursement to those prevented from developing their prop- of R.I.'s image as a planned state with prevented from developing their erties, cost of fences and personnel to a balance between development and shore property, costs of preparation enforce restrictions on beach use, loss conservation, land owners near beach of the area for a new use, landscaping of use of beach by existing property increase the value of their investments, and public facilities, personnel, loss of owners. floodplain insurance available at rear use of the beach by existing property of beach. owners. Local Government's Finances Local Governin Loss of existing tax revenues and Disaster relief costs lowered, de- Loss of existing tax revenues and limits on opportunities to increase tax velopment channelled into areas less limits on opportunities to increase tax base in area, sewer installation costs expensive to service, town's attractive- base in area. for the no-development zone around ness to developers increases due to a pond. large tract of aesthetic open space. Business Business Interests Financial loss for some realtors and Financial loss for some realtors and An important resource preserved for contractors. contractors. local fishing industry. Political Implications Political Im A strain placed upon Rhode Island's Enhancement of Rhode Island's im- A strain placed upon Rhode Island's financial resources for acquisition, age as 'The Ocean State' attracts ad- financial resources due to initial ac- compensation, and maintenance costs. ditional tourist dollars, en hancement quisition and compensation costs. of Coastal Council's prestige, goals of state plans for recreation and open space in area partially achieved. ALTERNATIVE 3: LIMITED PRIVATE DEVELOPMENT ALTERNATIVE 4: MIXED PU Costs Effects Costs General Public Gener Access to shore decreases, area faces Small section of public enjoys beach Some small land acquisition costs, ecological danger, land owner '9 near use, land values on beach increase. cost of reimbursement to those pre- area may lose some value on their in- vented from developing their property, vestments, . floodplain insurance not cost of new beach-user facilities, con- available. siderable danger that a unique natural area may be permanently damaged, in- creased noise and congestion in area, flood plain insurance not available. Local Government's Finances Disaster relief costs rise, public ser- Existing tax base remains and increas- vice costs rise, town's attractiveness es. Local Gover to developers decreases as it loses Increase in demand for public services, aesthetic open space. disaster relief costs increased, Business Interests Busine An important resource of local fishing Additional summer resident dollars Fishing industry suffers due to distur- industry endangered. spent in area, financial gain for realtors bance of foodchains in adjacent and and contractors. nearby ponds. Political Implications Rhode Island criticized for allowing State free to invest recreational-ecolog- Political ecologically unfavorable development, ical funds elsewhere. State's image suffers from veering far goals of state plans for recreation and from ecological policies, CRMC seen open space not achieved. as ineffective, 22 ALTERNATIVE 5: UNCONTROLLED DEVELOPMENT Costs Effects General Public A unique natural area probably des- Value of land holdings in area will troyed, public use of shore severely greatly increase, availability of housing limited, floodplain insurance not avail- on and near beach will greatly increase, able, much congestion and noise in additional tourist dollars will be area, decrease in recreational land avail- brought to state to help stabilize tax able to public. rates. Mt M@ P Local Government's Finances Road improvements needed, strain will Large increase in tax revenues for the be placed on existing school, fire, and town from the area. police protection systems, disaster re- lief costs very high. THE PATH OF L Business Interests An important resource of local fishing Large financial gains for realtors, con- tractors, and speculators, all of town's industry severely impaired. businesses stimulated, especially dur- ing summer, market can accommodate many new businesses. Wr Political Implications State criticized for allowing destruc- Significant rise in number of tourist tion of a unique natural landmark, dollars attracted to state, state free to CRMC discredited, state recreation and invest recreational-ecological dollars open space plans for area abandoned, elsewhere. local master plans and zoning regula- tions circumvented. Decision criteria: Evaluation of the forces, conditions, and goals i even more complex by the lack of an existing set of d salient factors from the inventory andthe economic t rived against which the alternatives were evaluated. In the following: 1) Unique, vulnerable natural areas should b possible. 2) jurisdiction of the coastal zone should be decision for the type of development should State goals: -public access to the beach should be enc( which it harms the ecological balance of the be -shoreline development should be evaluated on surrounding inland areas. 3) The town, through its zoning ordinance, development on the barrier beach. 4) Long-term rather than short-term economi costing out alternatives. Selection process: In evaluating the five alternatives (strict conserv public/private, and uncontrolled development) against barrier beach's designation as a unique, vulnerable na heavily. As a consequence, the uncontrolled developm consideration, since this scheme endangered the delicat Public access, the second most critical criterion natives, is optimized by the limited public and mixed it is excluded by private development or strict conse particularly satisfactory for public access. When consic ing the shoreline for open space/recreational purposes, t The third decision criterion, the town's responsi suasive in eliminating all overnight development from native is therefore untenable. Finally, although limited public development re to cover acquisition costs, facilities, and management; and the region as a result. The dangers of development tween conservation and recreation, Thus, the limited equitable and desirable. LIMITED PUBLIC DEVELOPMENT: A SOLUTION Implicit in the idea of "limited "gub lic " development are certain factors which shape the de- sign. These "design criteria" are: 1) the preservation of the natural environment, and 2) the provision of public recreation. Recognition of these criteria is not sufficient; they must shape specific aspects of the physical de- sign. Preservation of the environment is facilitated by prohibiting development in areas which are especially sensitive to man-made intrusions. Topography, bedrock geology, ground water, wet- lands, surface water, flood plains, soil types, vegetation, and wild life all affect an area's capacity to sustain development. When these features are precisely located, the design can be built around areas that can sustain development. Areas which cannot support development are avoided. Wetlands and surface water areas include organic s and tidal waters, which are crucial parts of the natural and sensitive to development. A WETLANDS AND S URFA CE WA TER: AN AREA SEN Soil types in the Green Hill area include sandy loam, loamy sand, sandy gravel, stoney loam, silt loam, manipulated (filled) land, sand, muck, and variable soils. Certain soil types make con- struction difficult, and some types preclude the use of individual sewerage systems. Sand and muck, in particular, do not readily support development and act as constraints upon the design. SOIL TYPES NOT READIL Y SUPPOR TrNG DE VELOPMENT Vegetation in the area includes softwoods, hardwoods, abandoned fields, shrubs, salt marsh- es, agriculture, and urban vegetation. The natural vegetation-the soft and hard woods, shrubs, and salt marsh vegetation-must be preserved. The other forms, having already been influenced by man, could again be changed by man. VEGE TA TION WIIICH SHO UL D BE PRESER VED 26 Surficial geology includes the land features of swamps. slopes, outwash flatlands, bay shores, beaches, dunes and beach grass, and artificial fill. Swamps. bay shores, beach, and dunes are a deli- cately balanced system; development could easily impair the system's integrity. Topography, bedrock geology, ground water, and slope very little throughout the area; their impact on development capacity is constant. Mapping the above features reveals natural areas endangered by the encroachments of man. Yet another sensitivity must be taken into account. The sea presents its own uncompromising standards for design and development SURFICIAL GEOLOGY: AREAS EASILY IMPAIRED BY DEVELOPMENT Floods caused by the tremendous force of moving water are the major dangers to the barrier beach and low-lying areas behind the pond. The U. S. Department of Housing and Urban Develop- PEN ment, in the institution of its Flood Plain Insurance Program, has mapped these areas a "special hazard zone," an area where danger to development is greatest. The entire Green Hill barrier beach area is included in this special hazard zone. MUM FLOOD PLAIN HAZARD Compiling the individual sensitive areas maps forms a composite sensitive areas map. This composite map is the primary design too]. Preservation is accomplished by respecting sensitive areas. COMPOSITE OF SENSITIVE AREAS: A PRIMARY DESIGN TOOL 28 While conservation and respect for the land imply plies the fostering of activity. Swimming, sunbathing, shore, fishing, surfing; these are some beach recreation tensities, must be located on the beach in such a way th natural areas, nor with each other. In the design proposed here, swimming is allowe sea-Green Hill and Charlestown. While the delicate du tween the dunes and the sea is well suited to swimming areas, walking on the beach and surf fishing are permitted Since the dunes are restricted most severely, walki dunes along the edge of the pond. Natural breaks in the d pond. Trails follow the pond edge, and serve to guide acti of great sensitivity. The width of the paths acts as a pos use. Narrow paths discourage large groups. The activitie watching, fishing, quiet walks. Boating is permitted on the pond, but outboards a prohibited; fishing is suggested for the breachway area. Support facilities are necessary to complete the ph ities, bath houses, concession stands, and parking. Thei compatibility of the conservation and recreation goals wit For instance, the number of parking spaces limits ACTIVITYAREA INTERRELATIONSHIPS the beach. Activities tend to concentrate around sanitary A visitor's center can provide a combination manage promote appreciation of the uniqueness of the barrier bea Park of 4' Vi5itor Cmtd-r qoinifary -Fac. Conca5oioll V 'or 5 j *...... .. . -Fa'- 5at@ 4",%_ % '10 Picnic 6wimming .0 NN 6r Pic lcu PUKIN 7- NAT02r. 71?AIL NATVIZ TRAIL DAN CONCS561 5WIMMINcr loo, Soo, 1/4.ii. GREEN HILL BAR LIMITED PUBLIC DEVELOPMENT DESIGN. RECREATIONANDCONSERVA 30 Designing the project area does not guarantee that the objectives of the design will be car- ried out. Controls must be included to maintain the balance between the twin objectives of conser- vation and recreation. ACQUISITION PROCEDURES: Taken as a whole the Green Hill barrier beach project is quite large, but it lends itself, through its natural configuration, to completion by stages. The total project area is 1198.5 acres, 630.4 acres of land, and 568.1 acresof water. The total assessed valuation of the project area is $3,867,644. Sensitive beach areas should be acquired first;-the parcel of land comprises 318.5 acres. Subsequent stages in the acquisition process are: the land access point in Charlestown: 67.1 acres; the land access point in Green Hill: 75.3 acres; and the land around the pond: 169.5 acres. Acquiring a large piece of land such as Green Hill Beach entails a great deal of capital invest- ment. The vehicles for acquisition are twofold: private and public (See Appendix for acquisition FEDERAL PROGRAMS GI procedure flow chart.) TO OUTDOOR RECREA ACQUISI Public Acquisition: Al There are three major strategies available in terms of government assistance in acquiring the Program Agency: U land within the study area: Small Soil Conserva- FI 1) The State, through a bond issue, or the Federal government, through a spec- Watershed tion Service, tio ial Act, can borrow funds for acquisition. Program (PL- Dept. of Agri Dr 566) culture F1 2) Existing Federal or State grant and loan programs may be utilized to purchase P the entire area. Land & Water Bureau of Out- Ac 3) A combination of the existing grant and loan programs might be utilized in Conservation door Recrea- vel order to spread the financial burden over a number of sources, particularly Fund Grants tion, Depart- ou ment of In- tio where funds available from any one program (such as the State's Green Acres terior cil Program) are limited. This method has proved quite effective in other areas in ge which there is government assistance (e.g., health planning), and should prove to equally viable here. m With these general strategies in mind, existing Federal, State, and local programs for acquisi- tion of land to be used for public recreation or conservation projects can be examined (see Ap- open Space Department H pendix I). The many programs range from outright purchase for a National Park to government Land Program of Housing & iti (Title VII) Urban Devel- ly subsidies for loan interest payments. From these programs, two strategies have been selected; HUDAct, opment re these two not only fit the requirements of the project (balance of conservation and recreation), 1970 cc by but also are politically feasible. In the first strategy, which simplifies both management and appli- th cation processes, acquisition takes place under a single grant program. In the second strategy, which in distributes the funding burden among a number of agencies, acquisition takes place under a num- in ber of grant programs. be Strategy one: the single agency: Under this alternative, the entire site would be acquired by the State or town(s) involved. There are three active Federal matching grant programs which would supply Iup to 50 percent of the total acquisition cost, the rest of the cost to be matched by the State or town. These three programs are included in the following table: 32 Strategy two: multiple agencies: This method, as explained earlier, attempts to spread the financial burden or acquisition over POSSIBLE DISTRIBIL a series of programs through which the State or town is eligible for assistance. Different areas of the A NUMBER OF PRO project site would be eligible for funding from different agencies, depending upon the land use of the area, as indicated in the map and table below. (The letters on the map correspond to the letters Area: Program: Agi in the table). AL Thetwo Open Space Del areas of the Land Program ofl beach to be (Title VII, & U used for in- HUD Act of vel( tensive recrea- 1970) tion (i. e., swimming) B. The central Land & Water Bur area of the bar- Conservation Out rier beach, to Fund with the reat be used for State Green par limited recrea- Acres Pro' the tion gram C_ Highways - - - - - - Rh give access to Del & internal cir- of 9 culation with- tati in the area D. Tourist Grant-in-aid Ne facility & bath supplements Reg houses for supportive no facilities when op community no F can't supply op matching share 196 C F E, Parking Acquisition of Rh areas land & construc- Pub tion of parking Co F space to ac- F company im- proved public Q facilities ---------------- E F. Land ad- Acquisition of Bin jacent to the land for fish Spo north shore of management ies A Green Hill (Dingell-John- De Pond son Act) of t ior D SUPPLEMENTAR Y AID PROGRAMS GREEN HILL BARRIER BEACH There are, of course, political/economic constraints common to both strategies. Lack of available funds at the State and local level, especially. in the Rhode Island Green Acres Program, SUPPLEMENTA added to the reluctance of the voters to approve new money through authorizing new bond issues A are the two major roadblocks. All of these programs require some State or local outlay, often as Programs: Agency: U much as 50 percent of the total project costs. Unless supplementary grants are available to cover most of the municipal or State shares, both governments would have to request additional appro- Supplements N.E. Regional R priations or authority to borrow. to N.E. projects Economic De- C( to provide a velopment (N. A few crucial "supplementary aid programs," explained in the table below, help the local portion of the E. Regional governments meet their portion of the program through subsidizing them with loans or grants. local share of Action Plan- Federal grant- ning & Eco- in-aid pro- nomic DevIt grams Act of 1965) Grants to cover Community A interest on Resources ac debts, incurred Development re in purchasing Administra- land for sites tion, Dept. for future de- of Housing velopment, & Urban De- ideally within velopment five years Loan assistance Farmers Home Fl to carry out Administra- ve works of im- tion, Depart- re provement ment of Agri- Fi. to protect and culture lif utilize the land In & water resour- ces in small watersheds. 34 Private Acquisition: In the event that the Federal government is unwilling or temporarily unable to acquire (or assist in acquiring) the Green Hill area, the methods of acquisition are not yet exhausted. Private, non-profit development organization could join in a variety of activities with the public agency undertaking the Green Hill project. This would supple- ment the ac 'tivities of the public agency by expanding the funding base. Three points in favor of such a private venture are: 1) A non-profit organization is often willing to take risks and under- take experiments which a private corporation or a public agency The two common forms of a non-pro would avoid. Moreover, it could legitimately pursue quasi-public ation and the trust. They are quite similar a functions such as the management of a recreation/conservation area plained in more detail below). They offer a open to the public. Such organizations often attract grants, gifts, or tracting outside financing. They have alread low-interest loans from governments, individuals, and foundations. the country; there is no logical or legal reasor 2) A non-profit organization could fulfill important "escrow" func- In Rhode Island, three major non-pro tions between government and private land owners, for example: a exist: private owner might be willing to make conditional gifts to a non- 1) The Audubon Society of Rhode profit organization which would maintain the land for a public use manent property tax exemption st pending fulfillment of the conditions by the public agency. (A good tax exemption. However, it has li example is Nature [email protected], explained below.) When the con- willing to acquire. Its goal is strict co ditions were subsequently met, the non-profit organization would with the U.S. Fish & Wildlife Serv convey the land to the public agency. But pending fulfillment or abol- firm policy of strict conservation. ition of the conditions, the land would be secure, maintained and no ecological damage will occur. publicly available. Private owners often find this method perferable 2) Rhode Island Heritage Associati to the risk of donating land conditionally, but directly, to a public agency. preservation of historical structure this group also has charter provisio 3) A non-profit conservation organization can receive gifts of land natural areas. It has permanent exe and development rights to hold permenenfly in trust. And it also and local property tax. serves as a central management organization for land used in common 3) Nature Conservency: This is a 2 or owned by different homeowners' associations (a very likely or- with nationwide experience in land currence at Green Hill). recreation. It has expressed interest will acquire key shore line land parc purchase at market value, in that raised from private and foundatior County and Rhode Island). Manag delegated where possible, and lands al agencies whenever satisfactory a nantial arrangements permit. The assistance in many different ways. town, by buying the land with the will replay. It will lend money to (explained below) or co-sign a loan to such a trust organization. Nat pieces of property in Rhode Island; own land, but rather to assist. other tion purposes. RECOMMENDATION: IN THE EVENT THAT GREEN HILL IS UNACQUIRABLE BY SOLELY PUB- LIC MEANS, IT IS RECOMMENDED THAT A NEW LAND HOLDING TRUST OR- GANIZATION (ENTITLED THE GREENHILL LAND TRUST) BE ESTABLISHED TO HOLD THE LAND UNTIL SUCH TIME AS THE PUBLIC AGENCY RESPONSI- BLE (SOUTH KINGSTOWN, OR THE STATE, OR THE FEDERAL GOVERNMENT) IS ABLE TO ASSUME OWNERSHIP. In order to be financially viable, this trust would need both Federal income-tax exemption (for which it would be eligible as a non-profit organization), and local property tax exemption. This latter step requires- -permission from the town to be exempt from property taxes, and -enabling legislation in the form of a special bill passed by the State Legislature exempting it from local property taxes. The second step is usually successful if the bill has the support of the town. A South Kingstown legislator introducing the bill to the General Assembly would be an excellent expression of the town's support. After these two tax hurdles have been passed, the trust may begin to acquire land through outright purchase of title, limited use agreements, and gifts. The acquisi- tion money is available from many sources, a few of which are listed below: 1) Nature Conservency, which will either make or co-sign loans. 2) various foundations (e.g., Ford Foundation), which will make in- centive grants of 1-5 percent, depending on the size of the project, or, in this case, the size of the particular stage of the project. 3) various large banks, savings and loan companies, and insurance companies, which have been increasing their financial backing of private recreation/conservation programs in recent years (and would increase their roles even more if there were a Federal loan insurance program or a Federal participating loan program) 4) the Federal government, which makes money available to private recreation and conservation projects through the following programs: -the Resource Conservation and Development Projects of the Soil Conservation Service, which make loans available through the Farm- er's Home Administration -the Economic Development Administration, which will make mon- ey available to private projects compatible with the State's Recre- ation Plan -the Open Space Land Program, which is part of the Housing Act of 1961, as amended. -the Internal Revenue Service, under the Department of the Treas- ury, which makes both corporate and individual taxpayers eligible for income-tax deductions on gifts of money, land, or other property to qualified private organizations engaged in fostering natural beau- ty. 36 AFTERWORD While the recommendations of the Green Hill study group allow for some recreational activ- ity at Green Hill, the recommendations do not purport to meet the beach demand that presently exists in Rhode Island. Critical to the recommendation is the necessity for the State to plan ad- ditional recreational activities. Because of Rhode Island's climate, the most intense demand for recreation in the state occurs in the summer months, particularly in July and August. The demand is mainly for water-related activities-boating, fishing, and beach activities. Conflicts of multiple uses and intensity of use in recreational areas are increasing. And one natural resource-beach space-is clearly in short supply. Beach activities are expected to form the prime component of Rhode Island's summer retTea- tion system. The following factors explain the popularity of beach activities: no expensive equip- ment, no lengthy preparation time, easy access, lack of complexity. Clearly, with beach activities continuing to remain popular, and the natural supply of beach land remaining constant, unpleasant overcrowding is a distinct possibility. Accordingly, the State should begin to foster alternative forms of summer recreation. This does not imply that the State should de-emphasize a prime natural resource. Rather, the development of additional recreation activities would help to ensure the continued popularity and protection of Rhode Island's beaches. Two major alternatives could be the following: 1) Orientation toward passive, non-beach, Bay pursuits. This alternative recogniz- es existing plans (development of Fort WetherhiII, Fort Adams, and the Island Park System) and recommends that these types of development be pursued more vigorously. Essentially, these types of recreation capitalize on the attraction of the Bay, while promoting non-swimming or limited-swimming activities. Camp- ing, picnicking, hiking, informal sports activities become alternatives to swim- ming. The development of the Island Park system as a major recreational attraction could be crucial since it would open up a large amount of shoreline to public access. An important spinoff would be the development of a large passenger boat service to serve the islands, which could be the basis of another Bay-oriented recreation activity. 2) The western and northern parts of the State remain relatively untapped in terms of recreational potential. A number of management areas presently exist whose expanded use is limited through lack of facilities. Two well developed facilities-Lincoln Woods and Burlingame-are dreadfully overcrowded during most of the summer. If existing management areas are upgraded to accommodate more people, careful attention to the environment will be necessary. A carefully planned effort, however, would help to channel some of the demand for sum- mer recreational activities into camping, backpacking picnicking, and stream and pond-related activities. Such activities would utilize other Rhode Island na- tural resources, thereby relieving the beaches to some extent. Finally, should the concept of the Green Hill Land Trust prove successful, the State should encourage the formation of a statewide, non-profit agency. The size of Rhode Island, and the na- ture of the recreational problems here indicate that such a solution might well be feasible. APPENDIX A - COASTAL ZONE GOALS OF THE STATE -protect natural environment for people b Goals Source adequate resource planning Economic Floodplain Insurance -provide land for recreation and conservatio -provide insurance protection for those living in areas resources (esp. unique natural areas) where regular insurance coverage is prohibitive Act of 1970 R. 1. Development -flood prevention and control -promote tourism Council -provide disaster relief -promote economic growth Council of Economic Advisors -provide for development of the state's p -promote economic development of fresh water re- Water Resources man, and economic resources sources Board -provide information on the coastal zone Environmental Floodplain Insurance -maintenance, protection and promotion o -foster environmental planning through land use con- trol measures Act of 1970 all the people of R.I. -study and recommend policy in coastal zone (for Marine Resources and -solve the problems of modern government protection) Engineering Dev. Act of 1966 -plan, develop and conduct physical, econo -study and protect, conserve and restore estuaries Estuary Protection Act man resources programs of 1968 -open pulbic rights-of-way to the shore -study and make recommendations on problems and Clean Water Restora- management of coastal zone tion Act of 1966 -preserve purity and integrity of coastal wetlands Coastal Wetlands Act APPENDIX B - LEGISLATIVE CONSTRAI of 1965 -protect fisheries, life and property from flood, hurri- Constraints cane, and other natural disasters -adopt land use and control measures by 1( -plan for management of resources by formulating Coastal Resources order to qualify, approved by the federal g standards Management Council -plan established through hearings (DNR) Act wetlands: use restricted or denied under plan. -protect ecological balance of intertidal salt marshes Intertidal Salt Marshes -issue permits for dredging, filling or physic Act of intertidal salt marshes. Fresh Water Wetlands -right of eminent domain to acquire land for -prevent desctruction of natural resources Act of 1971 or conservation purposes. JC Water Resources -fine for disturbing ecology of intertidal sal -study water resources required to restore to the extent practical. -promote the development of coordinated environment JC Environment -regulations concerning pollution as it* a program fishing. Political Marine Resources -administer state aid for sewage plant c -bring about enforcement power in coastal zone E-agineering,Dev. Act. -standards for public lodging, camping, b of 1966 trailer facilities; regulation of private sewage f -formulate management system under the Department Clean Water Restora- -regulate. public utilities. ment of the Interior tion Act -approve, modify, set conditions for, or re -regulate construction of buildings and land-use S. K. Zoning Act, 1928 sign, location, construction, alteration, and o specified activities or land uses when these ar Social Art. 1, Sect. 17, R. 1. a water area under the agency's jurisdiction. -guarantee R.I. citizens' rights to fishery Constitution 38 APPENDIX C - AGENCIESINVOLVED IN THE COASTAL ZONE -significant publications on coastal zone -principal state agency assisting New Engla Legislative Branch long-range plans f .or water and resource prob joint Committee on Water Resources (General Assembly). Department of Transportation -consult and counsel with Water Resources Board, and water department of the cities Planning Division and town in order to conduct a continuing study of water resources, supplies, and -aid the Division of State Planning in prepa methods of acquisition and distribution. state guide plan joint Committee on Environment (General Assembly) -prepare functional and area plans, project -promote the development of a coordinated environment program and to consult mentation programs with all federal, state and municipal agencies dealing with ecology and environment. -prepare environmental impact statements o Executive Branch Public Works Division Office of the Governor -formed Technical Committee on Narragansett Bay and the Rhode Island coastal -design and construction responsibilities for zone (1967, expanded 1970) Public Transit Authority -Coastal Resources Management Council formed because of recommendations from -has indirect role in providing mass transit f the Technical Committee -$20,000 pledged to Coastal Resources Center at URI Board of Regents -responsible for formulating and impleme State Council of Defense the state -responsible for distribution of necessities in time of emergency -presently primary agency for emergency disaster plan coordination with other state University of Rhode Island agencies and the Coast Guard -undertakes various marine and planning rel Rhode Island Development Council -designated Sea Grant University -Water Resource Center conducts applied -mainly research and promotional agency interested in economic development of the related areas state-no regulatory powers -Coastal Resources Center provides CRMC -collect information relative to natural and economic resources of the state including managing the coastal zone industry, business, agriculture, fisheries, recreation and residential facilities -promote development of new industry ... recreational facilities in the state Department of Health -community planning assistance role is shifted to the Department of Community -provides for maintenance, protection and Affairs of Rhode Island -Research Division provides population growth and other data for analysing coastal -accomplishes objectives by setting and eT region, wide basis; providing environmental health pr surveillance, planning and program develop Division of State Police and providing health services supplementing -assist the Department of Natural Resources and Coast Guard in enforcing all laws and tor regulations relevant to the coastal environment -in coastal zone the department has power -members may be assigned to the Department of Natural Resources pollution, and works closely with the Depart Council of Economic Advisors of shellfish affected by water pollution -responsible for information concerning economic growth and development of the Environmental Health state -responsible for the overall supervision, pro Department of Administration and pollution control, food protection and s -overall responsibility for maintaining computerized data banks on coastal information management and air pollution control -designated by governor to give authority to Department of Natural Resources to ad- -assistant director serves on CRMC minister Green Acres Act Division of Air Pollution Control Division of Statewide Planning -charged with protecting, preserving, and im -responsible for coordinating for the comprehensive development of the state's hu- -sets and enforces ambient air quality stand man, economic and physical resources Division of Food Protection and Sanitation -has worked with the Technical Committee in planning for coastal zone and also with -responsible for enforcement of state laws Coastal Resources Management Council and Coastal Research Center public lodging, camping, bathing, and trailer f -responsible for A-95 review on coastal resources project individual sewage facilities, for private water supplies and rodent control ation and department of agriculture and cons -must approve plans for all individual sewage systems -to cooperate with the Department of Heal Division of Solid Waste Management water pollution -through Department of Natural Resources and the Coastal Resources Management -to cooperate with the Department of Com Council it is largely responsible for administering the laws regulating refuse disposal -to cooperate with, advise and guide conserv into coastal state, waters. The division sets minimum standards for refuse disposal -regulate use of fresh and coastal wetlands facilities and their location -to assist the Department of Natural Resou -provides advice to local towns and cities concerning solid waste disposal facilities and ornmendations related to natural resource pr management Division of Parks and Recreation Division of Water Supply and Pollution Control -maintains, services, and operates the stat -regulates pollution of the state's waters by: beaches -currently administers just under 11 miles o (1) approving plans for all new municipal and industrial waste treatment systems, (2) surveys state waters and pollution control facilities, Division of Fish and Wildlife (3) classifies state waters as to suitability for various uses, -responsible for wildlife management both (4) reviews plans for new subdivision to determine the type and size of sewage dis- the relocation of fish and wildlife in environ posal system needed, -conducts research on fish and wildlife in ar (5) approves federal grants for water pollution control facilities, -manages projects acquired under Green Ac (6) administers state aid for municipal sewage treatment plant construction oped for recreational use. -works with the New England interstate Water Pollution Control Commission in the Division of Coastal Resources development of standards for interstate water quality systems -responsible to both director of Departme -closes and supervises polluted areas used for shellfishing to the Coastal Resources Management Counc Department of Community Affairs -designated to carry out those functions r -provide technical and financial assistance to communities to plan, develop and con- control, shore development and others duct physical, economic and human resource programs for effective community de- -provides technical and administrative assi velopment ment Center in granting of permits for work -primary purpose to solve the problems of modern government -regulates land reclamation and tidewater du -must cooperate with the Division of Coastal Resources in carrying out specified duties shore erosion and beach stabilization, open in federal navigation and flood control projects and in administration of the Shore De- ponds, and riparian and littoral rights and wa velopment Act of 1956 as amended Division of Planning and Development -agency is empowered to prepare a series of existing conditions maps, to prepare a -responsible for carrying out planning, pro synopsis of planning work already accomplished in Rhode Island, to obtain reports gineering pertinent to Department of Natura and other data from state boards, and to lay out preliminary long range plans for state -responsible for administering Fresh Water development mits, and carrying out the inventory Administration and Program Management Division -works with Statewide Planning in develop -main function in coastal zone is management and administration of federal grants acquires land for natural resources related r and state aid to communities and management areas, unique natural featur -reviews projects sponsored by other agenc Division of Planning and Development ters Green Acres program -using district planners, this department provides planning function for those com- -works with Statewice Planning by providing munities without permanent staff or consultants-link between local governments and assists Water Resources Board in developmen the state Division of Enforcement Department of the Attorney General -enforces all of the laws and regulations of t -responsible for litigation and negotiations involving state boundaries in the coastal -operates in areas of marine patrol, park pat areas Department of Natural Resources -supervision and control of the protection, development, planning and utilization of the natural. resources of the state -exercises the functions of the former divisions of harbors and rivers, parks and recre- 40 judicial Branch, The Supreme Court, Superior Court, and District Courts provide the forum for the APPENDIX D - BUDG resolution of issues and conflicts arising from existing legislation and enforcement FOR STATE A practices pertinent to the coastal zone. Independent Boards and Commissions Coastal Resources Management Council Total State Budget =to preserve, protect, develop, and where possible, restore the coastal resources of the Rhode Island Development Council state through comprehensive and coordinated long range planning and management de- signed to produce the maximum benefit for society Statewide Planning -inventories coastal resources Department of Natural Resources -prepared plans identifying "permitted uses" Division of Coastal Resources -to adopt regulations necessary for carrying out its policies and plans Planning & Development -to regulate through permits, development within, above and beneath the tidal water Division of Enforcement below the mean high water mark -to see that any development plans show that they do not damage the coastal environ- Department of Health ment significantly Environmental Health Services -to consult and coordinate with governmental agencies and private interests, to spon- Health Programs sor or conduct research, to advise the governor, general assembly, and the public on Health facilities Service coastal matters Division of Water Supply & -to function as a binding arbitrator for conflicts over coastal region between two or Pollution Control more municipalities or state agencies Division of Food Protection & -to issue permits for any physical alteration of inter-tidal salt marshes Sanitation -to act as a research arm of the council the University of Rhode Island has set up, the Department of Community Affairs Coastal Resources Center at URI State Water Resources Board Water Resources Board -though its primary concern is with fresh water, its programs and efforts could be con- Commission on Public Rights of Way sidered as good examples for similar treatment of the coastal zone State Council of Defense Recreational Building Authority -reports on meritorious recreational locations Natural Resources Advisory Council -makes policy suggestions to other state agencies on natural resources Commission on Uniform State Laws -responsible for examining various subjects including natural resources, regulation of fish and game, and social and economic laws to bring them into accord Commission on the Discovery and Utilization of Public Rights of Way -responsible for determining and opening rights of way to the shore to the public APPENDIX E - REVIEW OF EXISTING STATE POLICY AND LOCAL PLANS ify, set conditions for, or reject the design, lo ation of specific activities of land near a wate Existing legislation relevant to Green Hill Project 3) The council shall issue, modify, or deny -Article 1, Section 17 of the Constitution of Rhode Island. physical change in a salt marsh. -Coastal Wetlands Act of 1965. 4) Any violation of the order of the council is -Act creating the Coastal Resources Management Council. -The Green Acres Land Acquisition Act of -Chapter 46.1 General Laws of Rhode Island. ernments to obtain coastal land. The policy s -Chapter 1298 of the 1928 Public Laws of Rhode Island. acquired for public recreat *ion and conservat -Chapter 2490 of the 1950 Public Laws of Rhode Island. the public health, prosperity and general wel -Green Acres Land Acquisition Act of 1964. panding needs of the populations. -Zoning Ordinance of South Kingstown. Due consideration is to be given to acq Pertinent Portions of the Legislation Land under th *is program can be acqui -Article 1, Section 17 entitled "Fishery Rights and Shore Privileges," amended, powers, or by the state government through states: "it shall be the duty of the general assembly to provide for the conservation the director, or by eminent domain. of the air, land, water, plant, animal, mineral and other natural resources of the state, -Chapter 41.6 General Laws of Rhode Island and to adopt all mean-s necessary and proper by law to protect the natural environ- es are in danger by thoughtless persons, and ment . . . by providing adequate resource planning for the control and regulation of and economic benefits (fishing) the law reqt the use of the natural resources of the state and for the preservation, regeneration and who dumps, excavates or otherwise disturbs restoration of the natural environment ... in the case of Nugent v. Vallone, 91 RI 145, Further, the person responsible for damage t 161A 2nd 802, under this law, it was ruled that the state had the right to own, in trust, as is practical. soil under public water to preserve public rights of fishery, navigation & commerce. The marsh is defined by its vegetation This constitutional amendment supported the Coastal Wetlands Act and the Act lowing: salt marsh grass, black grass, seasid creating the Coastal Resources Management Council. spikegrass, salt marsh bullrush and sand spurr The Coastal Wetlands Act states: "A coastal wetland shall mean any salt marsh salt marsh peat. bordering on the tidal waters of this state, . . . and such uplands contiguous thereto, -Zoning Ordinance of South Kingstown (as but extending no more.than fifty yards inland therefrom, as the director shall deem following: "The town council may devide sa reasonably necessary to protect such salt marshes ... (Section 2-1-14). tricts it may regulate and restrict the erection Whereas, the salt marsh peat helps to absorb flooding and obviate hydraulics of repair or use of buildings, structures or land severe flood conditions, and people have endangered the salt marsh by thoughtless each class or kind of building throughout ea destruction, and whereas it is the policy of the state to protect the coastal wetlands, trict may differ from those in other districts. the state is therefore required to restrict the uses of coastal wetlands under the police a comprehensive plan to promote the conser power of the state. (Section 2-1-13). tures." After public hearings the department may designate coastal wetlands which shall Citizens opposed to any ordinance may not be disturbed, and the use of which is to be restricted to uses compatible with -Common law rights to the shore to fish, c public policy. Before making such designation the department must consider the "value v. Powel, 67 RI 218 (1941) describes public of the coastal wetlands to the public health, marine fisheries, wild life and the protec- -Supreme Court Ruling (state) Providence St tion of life and property from flood, hurricane and other natural disasters." ton Steamboat Co. 12 RI 348 (1829). This r No city, town, person, firm or corporation shall use or permit the use of such re- trol of the shores and tidewaters for the be stricted coastal wetlands contrary to the order of the state (Section 2-1-15). sage and other rights. -Act Creating the Coastal Resources Management Council which gives Council the fol- lowing powers and duties under section 46-23-6: APPENDIX F - REVIEW OF EXISTING ST 1) Planning and Management: "formulate plans and programs for the management of each resource, identifying permitted use, locations, protection measures . . . " They South Kingstown's comprehensive plan, by t may carry out management duties by use of state, federal, local and private activities. This plan designates the entire Green They have power to formulate standards where they do not exist and re-evaluate exist- The town Community Facilities Plan designa ing standards. "The south shore area should be a resort ar 2) Implementation: The council has authority over land areas only if it is necessary swimming, boating, fishing, golf, and sights to carry out effective resource management programs and under conditions where land These uses should be concentrated in a few a use would conflict with a plan for resource management or would damage the coastal The town council should adopt the co environment. The authority of the council is limited to the authority to approve, mod- goals. And the zoning ordinance should co 42 possible be adjusted to it. However, the town is not following the plan" having zoned Plan for Recreation, Conservation, and Op Green Hill Beach into Residential-20,000 sq. ft. minimum lot size. Program, January, 1971 Preliminary land use plan for 1990 Public Rights of way to the Shore, by the R.I. Statewide Planning Program, March 1970. Space- Recreation." The goal of this report is to present ways in which public rights of way to the The goals of the plan are to improve pr( water can be developed and supervised. acquisition of fee or easements, zoning, tax South Kingstown has 12 right-of-ways to the shore, none near Green Hill beach. oped areas in their present condition indefin Charlestown has three public rights of way, one running N-S along the South Kingstown border then left onto the barrier beach ending at the breachway. It is recommended APPENDIX G - ZONING that the public way be posted and maintained. Zoning allows owners to retain title t Recreation Guide Plan, R.I. Development Council, June 1965 power to restrict and control development Private housing development has cut off public access to the shore in R.I. zoned Green Hill as R 10, 4 dwelling units p Of the 420 miles of R.I. coastline only 6.25 miles are state owned. This is below ate zoning regulations can include the foll the 15 percent r 'ecommencled by the U.S. Department of the Interior. Conservation and Development Commission The unique natural features of the coastline must be preserved by ownership by Is the regulation reasonably related to the state or by easement control Is there equality of treatment for simi The state should take all reasonable opportunities to get shore property. The To what extent is the usability (value) state should acquire title or control to salt marshes, barrier beaches, and rights of way Does the regulation indicate a benefi to the shore. It should also develop public boat facilities, fishing areas and observation gained through condemnation and purchase areas. Zoning may be used in several ways t The state should be prepared to purchase the barrier beach in the south if it were Large lot zoning: in this case private threatened by development. The use of the beach should be public, designed for low mum lot size requirements. Residential den intensity uses such as fishing and nature study. ment impacts. Cluster zoning: "the flexibility of the Technical Paper No. 21, Protection and Control of the Salt Water Shore Area, by the variations in setback, side-yard, and fronta R.I. Statewide Planning Program, May 1972 homes to be sited to take greatest advantag The shoreline area is considered one natural area to be protected and preserved handled by a homeowners assn., by a land c( for public use as stated in the amendment to the state constitution Sec. 17 of Article a conservation easement to the town. 1. Since federal policy is moving toward a definition of "critical areas" the state should Shoreline zoning: the creation of a sl initiate the following to define and select "critical areas": mitted are those which derive the maximun 1) Amend the Coastal Wetlands' Act to give owners compensation for damage done cluster residences, outdoor recreation (swin by the states placement of restrictive use on his land; waterfront (restaurants, etc.) All would be 2) Allow the Dept. of Natural Resources to withdraw orders of the act without pay- scenic control. ment of damages; Re-zoning conditional upon agreemen 3) Redefine the entire shoreline as a "critical area," using new laws. be changed subject to private restrictions on stringent open space, height or lighting restr Report of the Governor's Committee on Narragansett Bay and the Coastal Zone, by Aesthetic zoning: The conservation o the R.I. Statewide Planning Program, March 1970 area which could be covered through aesth This report inventories facilities, services and agencies influencing the coastal aesthetics as a proper object of police power zone. Floodplain zoning: creation of a flo The report shows Green Hill Beach land use as partly recreation and conserva- Kingstown before 1966 has three objectives: tion-the S. Kingstown portion zoned residential and the Charlestown section is not 1) to keep the floodway clear, only non ohs zoned. 2) To retain natural storage capacity of the troyed floodplain storage areas with an artif R.I. Statutes relating to the coastal zone, as amended-from the General Laws of R.I. 3) to protect those occupying the floodpla 42-2 permits the Federal Government to acquire land for certain purposes. tions, building construction, safe exit etc., t 42-33 establishes a commission to define, mark, and open rights of way. 4) an implicit objective is to reduce public 45-24-1 permits local flood plain zoning. the floodplains. 46-2 has state government cooperating with Federal government to stop floods, pre- Flexible regulations allowing coastal z vent shore erosion and improve harbors. trative agency following broad guidelines wo 1) the comprehensive plan contained statements describing the types and locations of or eliminate flood damage, and permissible development, (iii) adequate drainage is provided s 2) public hearings were required, hazards; and' 3) rulings would be explained in accompanying statements, 4) require new or replacement water 4) decisions could be applied to the council, and sewage systems to be designed to rn 5) a file of past decisions be kept. of flood waters into the systems and Zoning by legislative permit could occur by setting standards for zoning changes flood waters; and require on-site wast or by contractual agreement between the legislature and the developer. so as to avoid impairment, of them 0 APPENDIX H - NATIONAL FLOOD INSURANCE ACT OF 19681 ing flooding.6 To apply to the emergency program, While the findings and declaration of purpose of the act2 cover a broad spec- things, a 7rough large-scale map showing the flooding. It is important to note that under trum, several portions relate directly to the problems of shoreline land use controls: new construction is not covered.8 (c) (1) . . . (to) provid(e) appropriate protection against the perils Communities entering the emergency of flood losses and encourag(e) sound land use by minimizing ex- exempted from the above requirements in thi posure of property to flood losses; ... any particular controls on land use in such are (e) . . . further ... to (1) encourage State and local governments to ReguW Program: make appropriate land use adjustment to constrict the development At some point after receiving the appli of land which is exposed to flood damage and minimize damage surance Program, the Federal administrator i caused by flood losses, (2) guide the development of proposed fu- rates for the community and necessary geogr ture construction, where practicable, away from locations which are community may base its land use controls. For threatened by flood hazard.... 3 island, the data include the "area ... having For landowners in flood hazard areas to obtain flood damage insurance under elevation data for the 100-year flood, and . 4 six months after receipt of these data, the co the Program a community must express a positive interest and adopt "adequate land trols over land use in the specified areas.10 use and control measures . . . consistent with the comprehensive criteria for land man- During the period of study and prior t agement and use developed (under the Program)."5 is still not eligible. However, the data are then Emergency Program: those undertaking new building or making st Basically, two sets of criteria exist for participation of coastal communities in the of flood potential, and the general standards program (eliminating, for the moment, questions of riverine flooding). By meeting the tion in determining rates for insurance cover initial criteria, a community becomes immediately eligible for participation in the Pro- build above flood elevations will pay lower gram. Under these first criteria, a community must: available. A community is not required to 1) require building permits ... ; that cited earlier (under the emergency progra 2) review all building permit applications for new construction or The development controls in coastal fl substantial improvements to determine whether proposed building criteria, more stringent and extensive than th sites will be reasonably safe from flooding. (If not, such construction those in the emergency program), the requi must: basements, in residences and the lowest non-fl (i) be anchored to prevent flotation, collapse, or lateral move- ings be at or above the 100-year flood el6vatio ment . . in coastal high hazard areas may not be expan (ii) use construction materials and utility equipment that are resis- improvement in such areas unless it: tant to flood damage, and is located landward of ... mean high (iii) use construction materials and practices that will minimize is elevated and securely anchored on flood damage; above the 100-year flood level, and 3) review subdivision proposals and other proposed new develop- ment to assure that: has no basement, and has an unobs (i) all proposals are consistent with the need to minimize flood impact of abnormally high tides or w damage; The land use and control measures must (ii) all public utilities and facilities, such as sewer, gas, electrical, ing communities, apply to all areas having and water systems are located, elevated, and constructed to minimize other controls and regulations in flood hazard 44 Based on this review of the Flood Insurance Program, it seems likely that: Current construction on the barrier beaches will be eligible for in- FLOOD INSURANCE STATUS OF surance under the program, with rates dependent on the extent to R. 1. OCEAN-FRONT COMMUNITIES, which they meet applicable standards, and the relation of first floor height to 100-year flood elevation. Regular Program-Land Use Controls Ad Any other construction meeting State and local laws and ordinances Middletown concerning development in flood-prone areas would be eligible for Narragansett coverage. Newport There is no immediate danger to South Kingstown's eligibility if Regular Program-Land Use Controls Pro construction continues in barrier beach areas. If the town fails to adopt regulations meeting the standards listed above (under the reg- South Kingstown, (due, December, 1972 ular program) by December, 1972, its eligibility for flood insurance Westerly, (due, January, 1973) could be discontinued when (and if) the Federal administrators get Regular Program-Data Received: around to reviewing the case. The Federal government is about to issue new regulations under the Flood In- Jamestown, (due, October, 1972) surance Act. Expected in about two weeks, these should clarify the program by de- Charlestown, (due, December, 1972) fining the standards more operationally (e.g., "flood-proof construction"). It is also Not Applied: anticipated that the new regulations will be more stringent (at least partly by sheer im- pact of definition) and that they will relate to other Federal programs such as those Little Compton of the Federal Housing Administration. 13 16 other Rhode Island communities ar It is worth noting that the goals of the program call for much more in the way of controlling and limiting land use in sensitive coastal areas than the administrative regu- program, including all of the other coas lations issued under the Act reflect. Relevant statutory goals which are supposed to be June, 1972). incorporated into community flood plain regulations include: Source: Rhode Island Statewide Planni to encourage only that development of flood-prone areas which: for the Flood Insurance Program) -is appropriate in light of theprobability of flood damage and the need to reduce flood losses, 1. 42 U.S.C.A., Chapter 50, Sections 4001-@ -is an acceptable social and economic use of the land in relation to 2. 42 U.S.C.A., Chapter 50, Section 4001 the hazards involved, and -does not increase the danger to human life; to discourage all other 3. Idem. development. 4. According to Brad Southworth (Statewi Factors to be considered include: available on the regular market. Possibilities of reserving flood-prone areas for open space purposes, 5. 42 U.S.C.A., Chapter 50, Section 4012 Possible adverse effects of flood plain development on other flood- 6. C.F.R., Title 24, Subchapter B, Section 1 prone areas, 7. Ibid., Section 1909,22 (1972). Possibilities of acquiring land or land development rights for public purposes consistent with effective flood plain management, 8. (Brad Southworth, Statewide Planning). For coastal areas, the need to establish programs for building bulk- 9. C.F.R., Title 24, Subchapter B, Section I heads, seawalls, breakwaters, and other damage abating structures, 10. The federal government is so far behin and for preserving natural barriers to flooding, such as sand dunes 14 rently three years overdue, is still in the pr and vegetation (emphasis added). overdue. These goals call for a far wider dimension of control and planning than the regu- 11. C. F.R., Title 24, Subchapter B, 1910.3( lations issued under the Program reflect, however, and a community may qualify with no change in zoning and a slightly more stringent building code. 12. Ibid., 1910.3(b) (1-3) (1972). 13. Brad Southworth, R. 1. Statewide Planni 14. C.F.R., Title 24, Subchapter B, Section APPENDIX I - POTENTIAL METHODS Federal Programs Bureau of Outdoor Recreation -Land and Water Conservation Fund. Grants cover 50 percent total costs acquisition, and development. (See also R. Program) Department of Housing and Urban Develol -Open-Space Land Grants. Grants cover up to 50 percent of costs and development of land in urban areas open space use. May include acquisition o well as full title. Displacees receive federa cover moving and other expenses. -Advance Acquisition of Land Grants. Grants to cover interest on debts incurr ing land, to local public agencies. For site ment within five years. -Urban Beautification and Improvement. Grants for up to 50 percent of cost of for parks and other public lands. Based o overall beautification program by local gov Bureau of Sport Fisheries and Wildlife -Fish Restoration Federal Aid. Grants.up to 75 percent project cost, to game department. Eligible projects inclu( development, restoration, rehabilitation of feeding, or breeding areas (e.g. salt ponds marshes) -National Wildlife Refuge System. B.S.F.W. acquires and manages for p wildlife. Soil Conservation Service -Small Watershed Projects. Grants of 50 percent to state or local ag land acquisition and access rights, facilitie vation measures. Loans to assist local share able from the Farmers Home Administrati -Resource Conservation Development Pro Primarily technical assistance in area- to create economic opportunity in rural up to 50 percent of certain conservation projects are available, however. 46 Economic Development Administration Local Programs -Public Works and Development Facilities Grants. Public Works Municipal Grants up to 50 percent of project costs are available Development facilities -Green Acres Land Acquisition. (through the New England Regional Commission) to State Parks Local communities are authorized 't projects which will directly or indirectly create new em- Tourism manage land to fulfill the conservation ployment opportunities or enhance prosperity. Supple- Flood Control purposes of this act, apparently with the mentary funds are also available to assist local share of domain, if required. Approval of the state other federal grant programs. available State assistance is accepted. (Se State Programs Use Land and Water Conservation Fund Progra -Conservation Commission., General Assembly 'Subject to town council and financial Article 17, Section I of the R. 1. Constitution provides Public purposes approval, commissions may receive gifts that the General Assembly may authorize the state, or quire fee or other interests in land for the town or cities to acquire excess lands in fee, to be conservation. held and improved for public purposes. (Under Art. 1, section 17 as amended, this might include natural re- -Conservation of Open Spaces. source conservation.) Any city or town may acquire land or Department of Natural Resources for open space uses, including conservatio May acquire (by eminent domain, if necessary) lands, Recreation ment of natural or scenic resources, prese or easements, for parks and recreation. Parks lands, beaches, or soils, enhancing public -Green Acres Land Acquisition Act. cent parks or nature reservations, or sanctur May acquire land for recreation or conservation, using Recreation open spaces.@ Also included are affording eminent domain if necessary, with approval of governor, Conservation public recreation, implementing duly adopt (delegated from Dept. of Administration to DNR Divis- Scenic uses open space plan, and promoting orderly u ion of Planning and Development). Subject to avaiIabil- Wetland preserv. ban development. Subject to approval of ity of funds (currently $1.1 million). and financial town meeting. -Protection of Birds and Animals. Bird or animal -Comprehensive Plan. DNR, may lease or control (by voluntary consent of propagation A municipal comprehensive plan prov owner) land for protection of useful wild birds and ani- for zoning by the town. South Kingstown' mals, or for propagation thereof. ignating the entire Green Hill beach as r open space, provides a statement of town Department of Transportation additional rationale for such acquisition. May acquire land for transportation purposes. Might Transportation include access to coastal areas, and circulation within Special Districts project area. Special districts in Rhode Island have State Properties Commission powers and capabilities of municipalities. The SPC may acquire property for public use if con- Public works generally have acquired land, some of which is curr sidered necessary or advantageous for any establishment recreation and/or conservation areas. The of revenue available to these districts are or improvement of any government facility, public work, and borrowing. or public improvement. Commission on Public Rights-of-Way The Commission has been authorized to acquire land Parking for improved to provide parking facilities to facilitate use of public access rights-of-way to the shore. At least one of these rights-of- way is within the study area. ACKNOWLEDGEMENTS The publication of this report was made possible through the Coastal Resources Center the University of Rhode Island. We extend our thanks to the Center, and to the following indivi uals who contributed to the project in various ways: Editorial and graphic: Stuart Hale, Acting Director, Coastal Resources Center, U.R.I.; Diet Hammerschlag, Associate Professor of Urban Design, U.R.I., Faculty Advisor. Physical details: Malcolm Grant and Stephen Olsen, Coastal Resources Center, URI; Elmer P maties, Professor, Botany, URI, Legal details: Alan Goldman, Attorney; Al Hawkes, Audubon Society; Brad Southworth and D Varin, R. 1. Statewide Planning. Maps and photographs: Aerial Data Reduction Associates; Perry T. Browning; Brad- ford Everett Associates; Ernest George, Jr., Town of South Kingstown; Robert Izzo, URI; Rick Kattman; RISD, Robert McMahon, URI. Town of South Kingstown: John T. Connors, Town Manager, Town Council, Assessor's Offi staff. Town of Charlestown: Town Clerk, Assessor's Office staff. 0 I DATE DUE I GAYLORD No. 2333 PRINTED IN USA 3 6668 14107 8552