Rhode Island.Coastal Resources Management Council. [Providence, R.I.:Coastal Resources Management Council,1986] Coastal zone management Law and legislation Rhode Island. Rhode Island Coastal Resources Management Program. -- - - - A U I 7 z+ - __ ---j - - , ___ zi 0 4 - -, NOTE TO REVIEWERS Because no changes were made to Attachments A, B and C, these documents are not being redistributed withb the Final Supplemental Environmental Impact Statement... This decision was made in order to save on the expense of duplicating and remailing these documents. Acknowledgments Many people devoted time and thought to this docu- ment and made significant contributions to its form and content. John A. Lyons. chairman of the Coastal Resources Management Council. and the CRMC's Working Group on Program Revision attended innumerable meetings to review several drafts of this document over a period of two years. The members of the group were Alvaro Freda. Dr. William Miner. Barbara Colt. Malcolm Grant. James Beattie. Frank Geremia. and Lee Whitaker. The entire Council attended many sessions of the Planning and Policy Subcommittee to discuss major policy -issues raised by these amendments. The many years' experience of the Council's staff at the Department of Environmental Management led them to develop the standards listed in Part Three. Special thanks go to Nicholas Pisani. James Parkhurst. Linda Steere. and Gail Chmura. all of whom made substantial contributions to the document. Various agencies. private groups. and individuals commented on the document during the nine-month public review period and made suggestions that are incorporated in the final product. Special thanks are due to Malcolm Grant of the Department of Environmental Management: Daniel Varin. chief of the Statewide Plan- ning Program: Christopher Little of Save the Bay: Kenneth Payne. director of the League of Cities and Towns: Friends of the Waterfront (Newport): the Rhode Island Association of Realtors; and the Rhode Island Marine Trades Association. The typing was done by Debi Clarke and Jean Krul. The maps were drawn by Marion McHugh and Betsy Watkins. Vicki Desjardins did the final editing. and Larry Pearce was responsible for the layout and design. The preparation of this publication was financed in part by a grant from the National Oceanic and Atmos- pheric Administration. under the provisions of the Coastal Zone Management Act of 1972 (Public Law 92-583). and in part from the NOAA Office of Sea Grant. U.S. Department of Commerce. under Grant "NA-81AA-D- 00073. The U.S. Government is authorized to produce and distribute reprints for governmental purposes not- withstanding any copyright notation that may appear hereon. Additional copies of this publication are available from the Coastal Resources Management Council. 60 Davis. Providence. Rhode Island 02908. P964 12.83 5M URI Publications Office Amendments to the Rhode Island Coastal Resources Management Program were adopted by the Coastal Resources Management Council on June 28. 1983. John A. Lyons. Chairman Paul T. Hicks. Vice Chairm Barbara a. Colt. Secretary .4 f .. X, *, 4, Carolyn FdBrassil *--'onald C. Brown JV Ju Rep. Geor 0C. Caruolo ha st Wl Sen. Thomas Lynch / CharlesTed Wright Dr. William Miner Re. warc Srm nRab" Nfalcolm Grant / Mr. Hagop Bogoshian and Senator Gardener Seveney are also members of the Council. f : F : State of Rhode [slandandProvidence Plantations 7 X EEl'V O.[&CH^Wl ltiCIE K:H J. JoaephGazrahy . EXECUTIVE ORDER Gotv" No. 17 November 16, 1977 Designation of Office of the Governor as Recipient of Federal Coastal Zone Management Program Implementation Funds WHEREAS, the State of Rhode Island desires to manage the re- sources of its coastal region in a manner which achieves the objectives of Section 46-23-1 of the General Laws of 1956 as amended, and to utilize the authorities existing in the several agencies of state government and all available sources of tech- nical and financial assistance in managing these resources, in- cluding such federal grants as may be available; and WHEREAS, the State of Rhode Island has prepared an effective, coherent, and unified program for the management of its coastal resources which can be implemented through existing authorities and by existing agencies; and WHEREAS, the State of Rhode Island has requisite authority through its agencies to administer land and water regulations, control development, resolve conflicts, and otherwise carry out its management program, and adequate provision has been made for coordinated participation of all governmental entities in the implementation of the State's Coastal Resources Management Pro- gram; and WHEREAS, the Coastal Resources Management Council is estab- lished by law as the principal agency co administer and imple- ment the State's Coastal Resources Management Program; NOW, THEREFORE, by the virtue of authority vested in me as Governor of the State of Rhode Island and Providence Plantations, it is hereby ordered as follows: 6 Executive Order No. 17 Page Two November 16, 1977 1) The Office of the Governor is hereby designated as the Agency which shall fulfill the requirements of sub-section 306(c)(5) of the Coastal Zone Management Act of 1972, as amended (16 USC 1455(c)(5).) In this capacity, the Office of the Governor shall apply for, receive, - and administer grants under Section 306; shall monitor and evaluate the management of the State's coastal resources; shall account for the expenditure of federal funds by all recipients of such funds; shall make periodic reports to the Office of Coastal Zone Management, all governmental agencies concerned, and the public on the management of the State's coastal resources; and shall request federal approval of amend- ments or refinements of the management program as necessary. 2) The "State of Rhode Island Coastal Resources Management Program," September 1977, sets forth the policies and pro- gram for management of the coastal resources of this State. The Coastal Resources Management Council is given principal responsibility for the implementation of this program. The Coastal Resources Management Council and all appropriate agencies of the State government including, but not limited to, the Department of Environmental Management, the Department of Health, and the Statewide Planning Program, shall act in accordance with the policies and objectives of the management program, to the extent consistent with State statutes and regu- lations. 3) The Office of the Governor shall prepare an annual work pro- gram and application for federal funds under Section 306 and submit said work program and application co the Office of Coastal Zone Management. The work program and allocation of funds shall be prepared in consultation with all agencies concerned. Approval of the annual work program and funding allocations shall be subject to mutual agreement of the Office of the Governor and the Coastal Resources Management Council. Respectfully yours, i0 RNOR C : f : : : Contents page 9 Guidelines for Applicants page 13 The Program's Enabling Legislation page 19 Part One. Authorities and Procedures page20 Section 100. Alterations and Activities That Require an Assent from the Coastal Resources Management Council page 20 Section 110. Applications for Category A and Category B Council Assents page29 Section 120. Variances page 29 Section 130. Special Exceptions page 30 Section 140. Setbacks page 31 Section 150. Buffer Zones page 31 Section 160. Fees page 32 Section 170. Violations and Enforcement Actions page 33 Section 180. Emergency Assents page 35 Part Two. Areas Under Council Jurisdiction page 36 Section 200. Tidal and Coastal Pond Waters page 38 200.1 Type 1 Conservation Areas page 40 200.2 Type 2 Low-Intensity Use page 42 200.3 Type 3 High-Intensity Boating page 44 200.4 Type 4 Multipurpose Waters page 46 200.5 Type 5 Commercial and Recreational Harbors page 47 200.6 Type 6 Industrial Waterfronts and Commercial Navigation Channels page 49 Section 210. Shoreline Features page 51 210.1 Coastal Beaches and Dunes page 54 210.2 Barrier Beaches page 56 210.3 Coastal Wetlands page 58 210.4 Coastal Cliffs. Bluffs, and Banks page 60 210.5 Rocky Shores page 61 210.6 Manmade Shorelines page 62 Section 220. Areas of Historic and Archaeological Significance page 65 Part Three. Activities Under Council Jurisdiction page 66 Section 300. In Tidal and Coastal Pond Waters, on Shoreline Features and Their Contiguous Areas page 66 300.1 Category B Requirements page 66 300.2 Filling, Removing, or Grading of Shoreline Features page 68 300.3 Residential. Commercial. Industrial. and Public Recreational Structures page 70 300.4 Recreational Boating Facilities page 73 300.5 Mooring and Anchoring of Houseboats and Floating Businesses page 74 300.6 Sewage Treatment and Disposal page 76 300.7 Construction of Shoreline Protection Facilities page 78 300.8 Energy-Related Activities and Structures page 79 300.9 Dredging and Dredged Materials Disposal page 81 300.10 Filling in Tidal Waters page 82 300.11 Aquaculture page 83 300.12 Mosquito Ditching page 83 300.13 Public Roadways, Bridges. Parking Lots, Railroad Lines and Airports page 84 300.14 Maintenance of Structures page 85 300.15 Municipal Harbor Regulations page 86 Section 310. Alterations to Freshwater Flows to Tidal Waters and Water Bodies and Coastal Ponds page 87 Section 320. Inland Activities and Alterations That Are Subject to Council Permitting page 89 Section 330. Guidelines for the Protection and Enhancement of the Scenic Value of the Coastal Region page 91 Glossary page 95 References and Additional Sources of Information page 97 Maps of Water Use Categories page 98 Watch Hill Quadrangle page 1 00 Quonochontaug Quadrangle page 102 Kingston Quadrangle page 104 Narragansett Pier Quadrangle page 106 Wickford Quadrangle page 108 East Greenwich Quadrangle page 110 Providence Quadrangle page 112 East Providence Quadrangle page 114 Bristol Quadrangle page 116 Prudence Island Quadrangle page 118 Fall River Quadrangle page 120 Tiverton Quadrangle page 122 Sakonnet Point Quadrangle page 124 Newport Quadrangle page 126 Block Island Quadrangle List of Tables and Figures page 22 Table 1. Review Categories and Prohibited Activities in Tidal Waters and on Adjacent Shoreline Features page 22. Figure 1. Rhode Island's Territorial Sea page 29 Table IA. Review Categories in the 200-Foot Area Contiguous to Shoreline Features page 30 Table 2. Setbacks in Critical Erosion Areas page 50 Table 3. Shoreline Types and Their Susceptibility to Erosion page 53 Table 4. Undeveloped. Moderately Developed, and Developed Barrier Beaches page 97 Maps of Water Use Categories Guidelines for Applicants Step One. times the annual erosion rate (see Section Is a Council Assent Required? 140). The prerequisites, standards, and Cate- gory B requirements for on-land activities listed in Section 300.1 through 300.15 and in All the activities listed on the vertical axis Section 330 of this document apply to both of Table 1 (page 23) require a Council Assent shoreline features and their 200-foot contig- if the activities proposed are (1) in Rhode uous area. Island's tidal waters: (2) on a shoreline Identify the shoreline features that may be abutting tidal waters or a coastal pond: affected. The maps give some indication of and/or (3) within the 200-foot contiguous the shoreline features that may be involved, area landward of all coastal features (coastal but this must be verified by inspecting the beaches, dunes, wetlands. cliffs, bluffs, site. The definitions of shoreline features in embankments, rocky shores, and manmade Part Two of this document will further assist shorelines). you in identifying what shoreline features are Persons proposing subdivisions of six units present. or more, or facilities requiring one acre or more of parking, any portion of which extends onto a shoreline feature or its contig- uous area or is within the watershed of the Step Three. poorly flushed estuaries delineated on the What Regulations Apply? maps accompanying this Program. are required to apply for a Council Assent. Persons proposing selected inland activities The prerequisites, policies, and standards anywhere in the state that may require a in this Program are regulations that must be Council Assent shall request a review of the met by all persons who undertake alterations project to determine whether impacts on the and activities under the Council's environment of the coastal region are likely jurisdiction. and, therefore, whether a Council Assent will If the alteration proposed is for tidal waters be required. These selected inland activities or for a shoreline feature, turn to the appro- are (1) energy generation, transfer, process- priate section of Table 1 and match the ing, or storage: (2) chemical processing; (3) activity with the water area and shoreline minerals extraction: (4) sewage treatment and type. The table will tell you if the activity you disposal; or (5) solid waste disposal. propose is prohibited or will be processed as a Category A or Category B application. Table 1A lists the review categories for activities proposed in the 200-foot area contiguous to Step Two. shoreline features. For Which Area Is the Activity or Alteration Being Proposed? " Categor A Applications 1. Review the policies in Part Two for the water use and shoreline categories your pro- Locate the area for which the activity or posal may affect. These may set limits on alteration is proposed on the maps that alteration is proposed on the maps that what may be permitted or provide guidance accompany this Program. Then note the water on how the work should be undertaken. use category (if an on-land activity is pro- posed, the adjoining water use category). If 2. Turn to the appropriate section in Part the shoreline is designated a Critical Erosion Three and (a) note any prerequisites that you Area. note the average annual erosion rate. In must meet before filing for a Council Assent. these areas, non-water-dependent structures and (b) review all standards. must be set back a distance equivalent to 30 When filing a Category A application, you 10 must commit yourself to upholding all appli- Council subcommittee will review your pro- cable standards. If you cannot or do not wish posal, the comments prepared by its staff, and to meet one or more standards, you must all other pertinent materials, and will recomn- apply for a variance (Section 120). mend action to the full Council. If your 3. File your application. If the activity you proposal is uncontested, you may expect propse s no strred0) n Tale andyouCouncil action within 30 working days of meet al applicable standards, and if -all vrfcto yteCuclssafta l information requirements have been verified Informational requirements have been met. by th Coucil' staf, yo mayexpet toThe Council shall base its decision on consid- receive an Assent within 30 working days of eaino o orpooa ofrst goals for the shoreline features and water use filing the application. If grounds for a sub- ct goisafcethrelvnplce, stantive objection (Section I110) exist on the candthesgoriesaficaned ofther lelyevmacts pofiis proposed site (for example. the presence of yorpooalnd the einvirocnmen of thelieympcso rare or endangered species or severe building yorppsaontenvomntfth constraints), a Council member or the Coun- cosarein cil's staff will recommend review by the full 4. Although the Council may grant Special Council, and the application will be put out to Exceptions to certain prohibited activities. public notice. the test which; must be met to grant a Special Exception is narrow and specific (see Section 4. If the activity you propose is starred , 130). The need for a Special Exception will be public notice will be given of your proposal: difficult to substantiate and is expected to abutters to the affected property and localocuinrqety and state officials will be notified of yourocuinrqety V proposal. If one or more substantive objec- tions (see Section I 10) are filed within the 30-day notice period. a public hearing on your proposal will be scheduled and a Council subcommittee appointed to hear the objec- tions, review your application, and recom- mend action to the full Council. B. Category B Applications 1. Complete I and 2 above as for a Category A Assent. 2. Prepare in writing an environmental assessment of your proposal. This must address all items listed in Section 300.1 and any additional requirements for Category B applications listed for the activity in question in the appropriate sections of Part Three. The amount of detail appropriate for each topic will vary depending on the magnitude of the; project and the likely impacts. If, in your opinion, some issues do not apply. simply note: "Does not apply." 3. All Category B applications are put out to public notice. A public hearing will be sched- uled if one or more substantive objections are filed within the 30-day notice period. A The Program's Enabling Legislation (1971) as Amended Chapter 23 of the General Laws cil. The coastal resources management council shall of Rhode Island consist of seventeen (17) members, two (2) of whom shall be members of the house of representatives. at least one (1) of said members shall represent a coastal municipal- Coastal Resources Management ity, appointed by the speaker, two (2) of whom shall be Council members of the senate, each of whom shall represent a coastal municipality. appointed by the lieutenant gover- nor. two (2) 8f whom shall be from the general public appointed by the speaker of the house for a term of two (2) years. two (2) of whom shall be from a coastal eral assembly recognizes and declares that the coastal municipality appointed by the speaker of the house for a resources of Rhode Island. a rich variety of natural, term of-three (3 years. Four (4) appointed or elected commercial. industrial, recreational, and aesthetic assets are of immediate and potential value to the present and officials of local government a ppointed by tof less than one (1) of whom shall be from a municipality of less than future development of this state: that unplanned or 25.000 population, appointed to serve until January 31, poorly planned development of this basic natural envi- 1972. one (1) of whom shall be from a coastal municipal- ronment has already damaged or destroyed. or has the Ity of more than 25.000 population appointed to serve potential of damaging or destroying, the state's coastal until January 31. 1974, and one (1) of whom shall be resources, and has restricted the most efficient and from a coastal community of more than 25.000 popula- beneficial utilization of such resources: that it shall be tion appointed to serve until January 31, 1975. said the policy of this state to preserve, protect. develop. and populations to be determined by the latest federal where possible. restore the coastal resources of the state census: all such members shall serve until their succes- for this and succeeding generations through comprehen- sors are appointed and qualified: during the month of sive and coordinated long-range planning and manage- January 1972 and during the month of January thereaf- ment designed to produce the maximum benefit for ter. the governor shall appoint a member to succeed the society from such coastal resources: and that preserva- member whose term will then next expire for a term of tion and restoration of ecological systems shall be the four (41 years commencing on the first day of February primary guiding principle upon which environmental then next following and until his successor is named and alteration of coastal resources will be measured. judged., a lteration of coastal resources will be measured. judged. qualified: each such municipal appointment shall cease if and regulated. the appointed or elected official shall no longer hold or That effective implementation of these policies is change the office which he held upon appointment, and essential to the social and economic well-being of the further, each such appointee shall be eligible to succeed people of Rhode Island because the sea and its adjacent himself. Three (3) members shall be appointed by the lands are major sources of food and public recreation, governor from the public. with the advice and consent of because these resources are used by and for industry. the senate, one (1) of whom shall serve until January 1. transportation. waste disposal. and other purposes. and 1972. one (1) of whom shall serve until January 1. 1973. because the demands made on these resources are and one (1) of whom shall serve until January 1, 1974, increasing in number, magnitude, and complexity; and said members and their successors shall represent a that these policies are necessary to protect the public coastal community. Al such members shall serve until health, safety, and general welfare. Furthermore. that. their successors are appointed and qualified: during the implementation of these policies is necessary in order to month of January 1972 and during the month of January secure the rights of the people of Rhode Island to the use thereafter the governor shall appoint, with advice and and enjoyment of the natural resources of the state with consent of senate, a member to succeed the members due regard for the preservation of their values, and in whose term will then next expire for a term of three (3) order to allow the general assembly to fulfill its duty to years commencing on the first day of February next provide for the conservation of the air, land. water. plant, following and until his successor is named and qualified. animal. mineral. and other natural resources of the state. A member shall be eligible to succeed himself. No more and to adopt all means necessary and proper by law to than two (2) persons on said council shall be from the protect the natural environment of the people of the state same community. by providing adequate resource planning for the control Appointments shall first be made by the governor then and regulation of the use of the natural resources of the by the lieutenant governor and, then by the speaker. A state and for the preservation. regeneration. and restora- vacancy other than by expiration. shall be filled in like tion of the natural environment of the state. manner as an original appointment but only for the That these policies can best be achieved through the unexpired portion of the term. The director of environ- creation of a coastal resources management council as mental management and the director of health shall the principal mechanism for management of the state's serve ex officho. coastal resources. In addition to the foregoing voting members. the council shall include a varying number of other members 46-23-2. COASTAL RESOURCES MANAGEMENT COUN- who shall serve In an advisory capacity without the right CIL CREATED-APPOINTMENT OF MEMBERS. There is to vote and who shall be invited to serve by either the hereby created the coastal resources management coun- governor or the voting members. These advisory members 14 shall represent the federal agencies such as the navy. fl Carry out these resources management programs coast guard. corps of engineers, public health service and through Implementing authority and coordination of the federal water pollution control administration and state. federal, local., and private activities. such regional agencies as the New England river basins g) Formulation of standards where these do not exist, commission and the New England regional commission and reevaluation of existing standards. and any other group or interest not otherwise repre- An initial series of resources management activities sented. The council shall have authority to form commit- shall be initiated through this basic process, then each tees of other advisory groups as needed from both of its phase shall continuously be recycled and used to modify own members and others. the council's resources management programs and keep them current. 23. UALIFICATIONS OF ERS. Each Planning and management programs shall be formu- appointe d member of the council. before entering upon lated in terms of the characteristics and needs of each appointed member of the council, before entering upon resource group of related resources. However. all plans his duties. shall take an oath to administer the duties of resource group of relate d resources. However all plans his office faithfully and impartially. and such oath shall and programs shall be developed around basic standards be filed in the office of the secretary of state. a The need and demand for various activities and a) The need and demand for various activities and their impact upon ecological systems. 46-23-4. OFFICERS OF THE COUNCIL; QUORUM AND b) The degree of compatibility of various activities. VOTE REQUIRED FOR ACTION. The governor, upon the c) The capability of coastal resources to support appointment of the appointed members of the council various activities. shall select from said appointed members a chairman d) Water quality standards set by the department of and vice chairman. The council shall thereupon select a health. secretary from among its membership or staff. The e) Consideration of plans. studies. surveys, inventories. council may engage such staff as it.deems necessary. A and so forth prepared by other public and private quorum shall consist of nine (9) members of said council. sources. A majority vote of those present shall be required for f) Consideration of contiguous land uses and transpor- action. tation facilities. g) Consistency with the state guide plan. 46-23-5. EXPENSES OF MEMBERS. The members of B. Implementation. the council shall be paid fifty dollars (850.00) per meeting as compensation and shall be reimbursed for The council is authorized to formulate policies and their actual expenses necessarily incurred in the perfor- plans and to adopt regulations necessary to implement mance of their duties. its various management programs. Any person. firm. or governmental agency proposing any development or operation within. above, or beneath 48-23-6. POWERS AND DUTIE8. In order to properly the tidal water below the mean high water mark. manage coastal resources the council shall have the extending out to the extent of the state's jurisdiction in following powers and duties: ; the territorial sea shall be required to demonstrate that its proposal would not ( 1 conflict with any resources A. Planning and Management. A. Pnnng nd Mngemenmanagement plan or program: (2) make any area unsuit- The primary responsibility of the council shall be the able for any uses or activities to which It is allocated by a continuing planning for and management of the re- resources management plan or program: or (3) signifi- sources of the state's coastal region. The council shall be cantly damage the environment of the coastal region. The able to make any studies of conditions, activities. or council shall be authorized to approve. modify. set problems of the state's coastal region needed to carry out conditions for. or reject any such proposal. its responsibilities. The authority of the council over land areas (those The resources management process shall include the areas above the mean high water mark) shall be limited following basic phases: to that necessary to carry out effective resources manage- a) Identify all of the state's coastal resources. water. ment programs. This shall be limited to the authority to submerged land. air space. finfish, shellfish, minerals, approve. modify. set conditions for, or reject the design, phystographic features. and so forth. location. construction, alteration, and operation of speci- b) Evaluate these resources in terms of their quantity. fled activities or land uses when these are related to a quality. capability for use. and other key characteristics. water area under the agency's jurisdiction. regardless of c) Determine the current and potential uses of each their actual location. The council's authority over these resource. land uses and activities shall be limited to situations in dl Determine the current and potential problems of which there is a reasonable probability of conflict with a each resource. plan or program for resources management or damage to e) Formulate plans and programs for the management the coastal environment. These uses and activities are: of each resource. identifying permitted uses. locations,. a) Power generating and desalination plants. protection measures, and so forth. b) Chemical or petroleum processing. transfer. or storage. 15 c) Minerals extraction. other state-owned property assigned to the agency by the d) Shoreline protection facilities and physiographlc department of environmental management. the governor. features and all directly associated contiguous areas or the general assembly. which are necessary to preserve the integrity of such fl Investigating complaints alleging violations of state facility and/or features. law or riparian rights In the state's tidal waters. e) Coastal wetlands and all directly associated contig- uous areas which are necessary to preserve the integrity E. Rights of way. of such wetlands. For the purpose of this chapter a of such wetlands. For the purpose of this chaptering a The council shall be responsible for the designation of coastal wetland shall mean any salt marsh bordering on all public rights of way to the tidal water areas of the the tldal waters of this state. whether or not the tfdal all public rights of way to the tidal water areas of the the t idal w ate rs of this state, whether or not the tidal state, and shall carry on a continuing discovery of waters reach the littoral areas through natural or appropriate public rights of way to the tidal water areas artificial watercourses. and such uplands directly asso- of the state. ciated and contiguous thereto which are necessary to iated and cohntiguou s thereto which are necessary to The council shall maintain a complete file of all official preserve the Integrity of such marsh. Marshes shall documents relating to the legal status of all public rights include thoseareas upon which grow one (1) or more of of way to the tidal water areas of the state. the following: Smooth cordgrass (spartrna alterntfiora). the following: Smooth cordgrass (sparttina altem g ora ), iThe council shall. subject to the provisions of chapter 6 salt meadow g rass (spartuna patens). spike grass (dis- of title 37. as amended, have the power to designate for tichlis splcata). black rush (Juncus gerardl). saltworts acquisition and development by the department of acquisition and development by the department of environmental management land for tidal rights of way saltmarsh bulrushes (sclrpus spp.). hightide bush (tva parking facilities and other council related purposes. frutescens]. tall reed (phragmites communts). tall cord- In conjunction therewith every state department con- grass (spartlna pecttnata]. broadleaf cattail (typha late owned land close to or adjacent to- folla). narrowleaf cattail (typha angustifolla). spike rush olia). narrotwleaf cattail (typha angustiolia). spike rush (discovered rights of way are authorized to set out such (eleocharis rostellata), chairmaker's rush (scirpus amer- land or so much thereof as may be deemed necessary for land, or so much thereof as may be deemed necessary for fcana). creeping bent-grass (agrostts palustris). sweet grass (hierochloe odorata),. wild rye (elymus virglnicus). No such use of lan d for public parking shall conflict No such use of land for public parking shall conflict f Sewage treatment and disposal and solid waste f S ewage treatment and disposal and solid waste -with existing or intended use of such land, and no improvement shall be undertaken by any state agency until detailed plans have been submitted to and approved C. Coordination. by the governing body of the local municipality. The council.shall have the following coordinating powers and duties: 46-23-7. VIOLATIONS. (a) In any instances wherein a) Functioning as a binding arbitrator in any matter of 4-2-7. V ATIONS. (a In any nstances wherein there is a violation of the coastal resources management dispute involving both the resources of the state's coastal there Is a violation of the coastal resources management program. or a violation of regulations or decisions of the region and the interests of two (2) or more municipal or council the council shall have the power to order the state agencies. violator to cease and desist or to remedy such violation. b) Consulting and coordinating actions with local, For the purposes of this section any development state. regional. and federal agencies and private interests. opertion alteration or constructioan development, operation, alteration or construction undertaken in any c Conducting or sponsoring coastal research. area under the council's jurisdiction as set forth in this d] Advising the governor, the general assembly. and the chapter. without a valid permit of this council, shall be deemed to be a violation of a regulation or order of this council. D. Operations. If the violator does not conform to the council's order The council shall be authorized to exercise the follow- then the council, through its chairman. may bring ing operating functions, which are essential to manage- prosecution by complaint and warrant. and such prose- ment of coastal resources: cution shall be made In the district court of the state. a) Issue, modify or deny permits for any work in. above. The chairman without being required to enter into any or beneath the water areas under its Jurisdiction, recognizance or to give surety for cost. may institute including conduct of any form of aquaculture. such proceedings In the name of the state. It shall be the b) Issue. modify or deny permits for dredging. filling. or duty of the attorney general to conduct the prosecution any other physical alteration of coastal wetlands and all of all such proceedings brought by the council. directly related contiguous areas which are necessary to The chairman may delegate his authority to bring prose- preserve the integrity of such wetlands. cution by complaint and warrant to such numbers of con- c) Grant licenses, permits, and easements for the use servation officers as he may deem necessary. arid said of coastal resources which are held in trust by the state conservation officers shall not be required to enter into any for all its citizens. and impose fees for private use of such personal recognizance or to give surety for cost. resources. The division of enforcement shall enforce the laws and d) Determining the need for and establishing plerhead. regulations of the council and to this end: bulkhead. and harbor lines. (1) Conservation officers shall be empowered to issue e) Developing. leasing. and maintaining state piers and written cease and desist orders in any instance where 16 activity is being conducted which constitutes a violation and produce and then and there have and give the of the coastal resources management program or a following: violation of the statute, regulations or decisions of the council. Hereof fail not, as you will answer to default under the (2) Conservation officers, council members and council penalty of the law in that behalf made and provided. staff shall have authority to apply to a court of competent jurisdiction for a warrant to enter on private land to Dated at the day of investigate possible violations of this chapter: provided that they have reasonable grounds to believe that a in the year violation of the provisions of this chapter has been committed. is being committed or is about to be committed. Is being committed or Is about to be 46-23-10. COOPERATION OF DEPARTMENTS. All other committed. (b) Th c hairm anmi at t he direction of the council. may departments and agencies and bodies of state govern- (b] The chairman, at the direction of the council. may ment are hereby authorized and directed to cooperate obtain relief in equity or by prerogative writ whenever with and furnish such Information as the council shall such relief shall be necessary for the proper performance require of the council's duties hereunder. The superior court shall have the jurisdiction in equity to enforce the provisions of this chapter and any rule or regulation or 46-23-11. RULES AND REGULATIONS. The rules and order made by the council in conformity therewith. regulations promulgated by the council shall be subject Proceedings under this section shall follow the course of to the administrative procedures act. equity and shall be instituted, and prosecuted in the name of the chairman and council by the attorney general. but only upon the request of the chairman, at the direction of the council. aMUNITIES. Upon the expiration of a term of a member t(c Any person in violation of an order of the council appointed by the governor as an appointed or elected (c] Any person in violation of an order of the council shall be guilty of a misdemeanor and upon conviction official of local government from a coastal municipality shall be guilty, of a misdemeanor and upon conviction as set out in 46-23-2. the governor shall appoint an thereof shall be fined not more than three hundred edollars (e300 o r shall be f i mprisoned for not exceeding - appointed or elected official of a coastal municipality appointed or ex-offlclo representation on said council. *three dl months, or both so fine d and impri soned fo x which at the time of the governor's appointment has no each such offense: and each day such violation. omission,. failure or refusal continues shall be deemed a separate offense. 46-23-13. APPLICATION AND HEARING FEES. The (d] The chairman or vice chairman of the council is council shall be authorized to establish reasonable fees hereby empowered to apply to any court of competent for applications and hearings. jurisdiction for an injunction to prevent the unlawful posting or blocking of any tidal water public right of way. 46-23-14. EXPERT TESTIMONY. The council shall be authorized to engage its own expert and outside consul- 46-23-8. GIFTS. GRANTS AND DONATIONS. The coun- tants and the council shall be empowered to use such cil is authorized to receive any gifts. grants or donations testimony in making its decisions. made for any of the purposes of its program, and to disburse and administer the same in accordance with 46-23-15. FEDERAL AND INTERSTATE RELATIONS. the terms thereof. The council is authorized to accept any federal grants. It is further given the power to administer land and water 46-23-9. SUBPOENA. The council is hereby authorized use regulations and to acquire fee simple and less than and empowered to summon witnesses and issue subpoe- fee simple Interests under any federal or state program. nas In substantially the following form: The council is authorized to coordinate and cooperate with other states in furtherance of Its purposes. The Sc. council may expend such grants and appropriations. To of greeting: 46-23-16. LENGTH OF PERMITS, LICENSES AND You are hereby required, in the name of the State of EA. The council is authorized to grant per- Rhode Island and Providence Plantations, to make your Q mits. licenses and easements for any term of years or in appearance before the commission on perpetuity. in the city of 46-23-17. ANNUAL PROGRESS REPORT ON RIGHTS on the day of to give OF WAY. Within ninety (90) days after the end of each fiscal year. the council shall submit a written progress evidence of what you know relative to a matter upon report on the development of public rights of way to the investigation by the commission on tidal water areas of the state to the state planning 17 council. the department of environmental management. and the joint committee on the environment, for review, evaluation and recommendation of the program's suit- ability. relevance to the recreation element of the state guide plan and impact an the natural resources of the state. The report shall also provide detailed records of expenditures and a proposed schedule of future projects. 48-23-18. ACTIVITIES PROHIDITED WITHOUT PER- MISSION OF COUNCIL. (a) No person. firm or corpora- tion shall. without a permit Issued by the Coastal Resources Management Council, dredge beneath the waters or construct a marina within two thousand (2.000) feet of a shellfish management area as defined by rules and regulations of the Department of Environmen- tal Management. (b) Any. person. firm or corporation desiring to conduct either of the activities specified in Subsection (a) shall file an application with the Coastal Resources Manage- ment Council upon forms furnished by the Coastal Resources Management Council. A hearing shall be held on said application within thirty (30) days of filing and. If at the conclusion of said hearing. the Council Is satisfied that there will be no adverse impact upon the environment or natural resources of the state as a result of said activities, the Coastal Resources Management Council shall grant the permit requested. The applicant shall bear the burden of proving that there will be no adverse Impact upon the environment or natural re- sources of the state, and the Coastal Resources Manage- ment Council shall be empowered to deny such application if the applicant does not demonstrate. in addition to the other requirements of this chapter. that the activity will not adversely affeact any shellfish manage- ment area as designated by the Department of Environ- mental Management or the Marine Fisheries Council. 'Part One Auth2or ite S and Proced ures 19 Section 100. (3) coastal wetlands; Alterations and Activities That (4) coastal cliffs, bluffs, and banks; Require an Assent (5) rocky shores; and (6) manmade shorelines. from the Coastal Resources The prerequisites, standards, and Category Management Council B requirements for on-land activities listed in Sections 300.1 through 300.15 and in Section 330 of this document apply to both shoreline 100.1. Tidal Waters, Shoreline Fea- features and their 200-foot contiguous area. tures, and Contiguous Areas A. A Council Assent is required for all 100.2. Inland of Shoreline Features alterations and activities listed in Table 1 and Contiguous Areas that are proposed for (1) tidal waters within the territorial sea (including coastal ponds, A. The Council reserves the right to review some of which are not tidal but which are the following categories of alterations and coastal waters associated with a barrier beach activities proposed inland of shoreline fea- system); (2) shoreline features; and (3) areas tures and their contiguous areas: contiguous to shoreline features. Contiguous (1) power-generating plants, areas include all lands and waters directly (2) petroleum storage facilities, adjoining shoreline features that extend (3) chemical or petroleum processing, inland two hundred (200) feet from the (4) minerals extraction, inland border of that shoreline feature. (5) sewage treatment and disposal, (6) solid waste disposal facilities, and B. Council Assents are also required for any (7) desalination plants. other activity or alteration not listed in Table Where, on the basis of a review, it is found 1 but which (1) has a reasonable probability that a proposal has a reasonable probability of conflicting with the Council's goals and its of conflict with adopted resource manage- management plans or programs, and/or (2) ment plans or programs, and/or has the has the potential to damage the environment potential to damage the coastal environment. of the coastal region. the Council shall require that an Assent be C. Tidal waters and coastal ponds have been obtained. Inland activities and alterations assigned to one of six use categories. Find- that may be subject to Council permitting are ings, goals. and policies pertaining to each defined, and Council findings, goals, policies. water use category are found in Part Two of and regulations are set forth, in Part Three. this document. Large-scale maps showing the "Activities Under Council Jurisdiction." use categories are available in coastal town halls and at the Council's offices in Provi- dence. The precise delineation of the seaward, boundaries of the state's territorial sea must Section 110. be clarified through special state legislation. Applications for Category A and Until that time, the Council shall use as a Category B Council Assents guideline the boundaries shown in Figure 1. The landward boundary of the territorial sea is the mean high water mark along the Rhode 110.1. Category A Applications Island coast. A. The activities and alterations listed as D. Shoreline features together encompass "A" in Table 1 (shoreline features and tidal the entire shore and are assigned to the waters) and Table 1A (the 200-foot area following categories: contiguous to shoreline features) include (1) coastal beaches and dunes: routine matters and categories of construc- (2) barrier beaches; tion and maintenance work that do not 20 require review by the full Council if criteria C. A Category B Assent shall be issued if the (1) through (4) below are all met. Council finds that the proposed alteration (1) The goals, policies, prerequisites, and conforms with the goals, policies, prerequi- standards in Parts Two and Three of this sites, informational requirements, and stan- document that apply to the areas and activi- dards of this Program. ties in question are met. (2) All buffer zone and setback require- 110.3. Substantive Objections ments as contained in Sections 140 and 150 are met. A. Substantive objections are defined by (3) Substantive objections are not raised by one or more of the following: abutters, the CRMC staff, or CRMC members. (1) threat of direct loss of property, prop- (Note that starred Category A activities listed erty values, or other tangible assets of the in Table 1 are put out to public notice.) objector(s) at the site in question: (4) Proof of certification of compliance with (2) direct evidence that the proposed altera- all applicable state and local statutes, ordi- tion or activity does not meet all of the policies, nances, and regulations is provided. prerequisites, and standards contained in B. If the Council's executive director verifies applicable sections of this document (3) evidence is presented which demon- that these criteria have been met, an Assent (3 evidence is prse d a ctivity or altera- for the proposed activity or alteration will be tion has a potential for significant adverse issued. This Assent may include stipulations tion has a potential for significant adverse issued. This Assent may include stipulations impacts on one or more of the following or conditions to ensure compliance with the descrptors of the coastal environment: (a) goals, policies, and standards of this Program. circulation and/oro f the oastal environment: (b) sedi- circulation and/or flushing patterns: (b) sedi- C. If the criteria listed in Section 110.1(A) ment deposition and erosion: (c) biological are not verified as met or a substantive communities, including vegetation, shellfish objection is filed, the application shall be and finfish resources, and wildlife habitat: (d) considered a Category B application and will areas of historic and archaeological signifi- be reviewed by the full Council. cance: (e) scenic and/or recreation values: (fl water quality: (g) public access to and along D. Applicants desiring relief from one or the shore: (h) shoreline erosion and flood more standards may apply for a variance hazards: or (Section 120). (4) evidence that the proposed activity or alteration does not conform to state or duly 110.2. Category B Applications adopted municipal development plans, ordi- nances, or regulations. A. Applicants for activities and alterations listed as "B" in Table I or in Table 1A, in addition to adhering to the applicable poli- cies. prerequisites, and standards, are required to address in writing all Category B requirements as listed in the applicable sec- tions of Part Three, and. where appropriate, other issues identified by the Council. B. Formal notice will be provided to all interested parties once completed forms for a Category B application have been filed with the Council. A public hearing will be sched- uled if there are one or more substantive objections to the project, or at the discretion of one or more members of the Council. 21 Table 1. Review Categories and Prohibited Activities in Tidal Waters and on Adjacent Shoreline Features. (See pages 23-28 following.) Review categories for activities within the 200-foot area contiguous to shoreline features are listed in Table 1A. All Category B activities and starred(*) Category A activities are put out to public notice. Maintenance of existing structures is treated in Section 300.14. Letter codes are as follows: A - Category A Assent required. B - Category B Assent required. P - Prohibited. NA - Not applicable. Footnotes 'See definitions in Section 300.2(A)for differentiation between Category A and B reviews. 2Municipal sewer lines are reviewed as Category B. 3Utllty lines are reviewed as Category B. 4See Section 210.3(C)6; the review categories shown herefor Type 3. 4. 5. and 6 waters apply to wetlands designated for preservation. Figure 1. Rhode Island's Territorial Sea. NY \ \ S *- I lqy\\- ' 3 M ILE * _1 * STATE * N * LIMIT - 5 0' 40' 71°. 3 0'41 20' 10' The offshore limits of the state's territorial sea are being litigated before the U.S. Supreme Court. This sketch shows the maximum area that the state may claim under existing laws and treaties. 22 NY"\ .000···® OO OOO gO 0 0' : · * N * LIMIT ·· 5'0' 40' 710 30' 2'0' 1(0' The offshore limits of the state's territorial sea are being litigated before the U.S. Supreme Court. This sketch shows theW maximum area that the state may claim under existing laws and treaties. 22 Type I Waters Filling, Removal. and Grading of Shoreline Features NA P P Al Al P P P Al B Residential Structures P P P P A P P P P B Commercial/Industrial Structures P P P P B P P P P P Public RecreationalStructures P P P B B P P P B B Recreational Mooring Areas B NA NA NA NA NA NA NA NA NA Marinas P P P P p P P P P p Launching Ramps* P P P P p p P P P P Residential Docks.* Piers,* and Floats P P P P P P p P P P Mooring of Houseboats P NA NA NA NA P NA NA NA NA Mooring of Floating Businesses P NA NA NA NA P NA NA NA NA Municipal Sewage Treatment Facilities P P P p2 B P P p P B Individual Sewage Disposal Systems P P P P A P P P P B Point Discharges - Runoff B A A A A A A A A A Point Discharges - Other P P P P B P P P P B Non-Structural Shoreline Protection A A A A A A A A A A Structural Shoreline Protection Facilities P P P P P P P P B B Energy-related Activities/Structures P P p .P3 B P P P B B Dredging - Improvement P NA NA NA NA P NA NA NA NA Dredging- Maintenance P NA NA NA NA P NA NA NA NA Open-Water Dredged Material Disposal P NA NA NA NA P NA NA NA NA Upland Dredged Material Disposal NA P B B B P P P B B Beach Nourishment B B B B B P NA NA NA B Filling in Tidal Waters P NA NA NA NA P NA NA NA NA Aquaculture B NA NA NA NA P NA NA NA NA Mosquito Control Ditching A NA NA NA NA A NA NA NA B Mining P P P P P P P P P P Construction of Public Roads. Bridges. Parking P P P P B P P P B B Lots, Railroad Lines. Airports s- 23 b 0- 4 0 9 23 23 cI " &11 . Filling. Removal. and Grading of Shoreline Features NA P P Al Al P P P Al B Residential Structures P P P P A P P P A B Commercal/Industral Structures P P P P B P P P P Public Recreational Structures P P P B B P P P B B Recreational Mooring Areas B NA NA NA NA NA NA NA NA NA Marinas P P P P P P p P P P pp Launching Ramps* B B P B B P B B B B Residential Docks.* Piers.' and Floats A A P A A A A A A B 4 c i b .d a oorng of Houseboaters P NA NA NA NA P NA NA NA NA Mooring of Floating Businesses P NA NA NA NA P NA NA NA NA MunFilling. Remopal and Grading of Shoreatmlinent Featurcilities NA P p Ap2 B P P P AB B ndResividuaential Systructures P P P P A P P P A B Commercial/ndustla Structures P- Runoff A A A A A A A A A AP P P B P P P B P Public nt Discharges P- Other B P P B B P P P B B Non-StRecreationural ShMoorelin e Protection A B NA A A A A A A A A Structural Shoreline Protection Facilities P P P P P P P P P P Ener gy-related Activities/Structures B B P p B B P B B B B ResidentialDoksPers.andFloats A A P A A A P NA A A BNA Mooredging of Houseboats P NA NA NA NA P NA NA NA NA Moopen-Water Dredged Mof Floatering Businesses P NA NA NA NA P NA NA NA NA Municipal Sewage Treatment Facilities Posal NA P B BP B P P B B B Beach Nourishment B B B B B P NA NA NA B Fillndividual Sewage DisposTidal SysWatems P NA NA NA NA P NA NA NA NA Aquaculture B NA NA NA NA P NA NA NA NA Mosquito Cont rol DischinargesRunoff A A A A A A AN A A NA PoinDischargesngOther B P P P B P P P P B Non-Structural Shoreline Protection A A A A A A A A A A Structural Shoreline Protection Facilities B B P P P P B B B B CoEnergy-related ctvtiesStruction of Public Roads Bridges, Parking B P P P B P P P B B Dredging - lmpro ment P NA NA NA NA P NA NA NA NA Dredging -Maintenance B NA NA NA NA P NA NA NA NA Open-Water Dredged Material Disposal B NA NA NA NA P NA NA NA NA UpLots. Railroaand LinDredged MaterialrDsportsal NA P B B B P P B B B 24 Beach Nourishment B B B B B P NA NA NA B Filling In Tidal Waters P NA NA NA NA P NA NA NA NA Aquaculture B NA NA NA NA P NA NA NA NA Mosquito Control Ditching A NA NA NA NA A NA NA NA B Mining P P P P .P P P P P P Construction of Public Roads. Bridges. Parking B P P P B P P P B B Lots. Railroad Lines. Airports0 24 V eV / / / r 3 , - 0Qb J S Filling. Removal. and Grading of Shoreline Features NA B P A1 Al p P B A1 B Residential Structures P P P P A P P P A B Commercial/Industrial Structures B B P P B P B B B B Public Recreational Structures B B P B B P B B B B Recreational Mooring Areas B NA NA NA NA NA NA NA NA NA Marinas B B P B B P B B B B Launching Ramps* B B P B B P B B B B Residential Docks.* Piers.' and Floats A A P A A A A A A B Mooring of Houseboats B NA NA NA NA P NA NA NA NA Mooring of Floating Businesses P NA NA NA NA P NA NA NA NA Municipal Sewage Treatment Facilities P P P p2 B P P B B B Individual Sewage Disposal Systems P P P P A P P P B B Point Discharges - Runoff A A A A A A A A A A Point Discharges - Other B B P B B P P P B B Non-Structural Shoreline Protection A A A A A A A A A A Structural Shoreline Protection Facilities B B P P B P B B B B Energy-related Activities/Structures B P P P3 B P B B B B Dredging --Improvement B NA NA NA NA P NA NA NA NA Dredging - Maintenance A NA NA NA NA P NA NA NA NA Open-Water Dredged Material Disposal B NA NA NA NA P NA NA NA NA Upland Dredged Material Disposal NA B B B B P B B B B Beach Nourishment B B B B B P NA NA NA B Filling in Tidal Waters B NA NA NA NA P NA NA NA NA Aquaculture B NA NA NA NA P NA N A NA Mosquito Control Ditching A NA NA NA NA A NA NA NA B Mining P P P P P P P P P P Construction of Public Roads. Bridges. Parking B P P P B P B B B B Lots. Railroad Lines. Airports 25 / / B " Y6 ," g cti " Type 4 Waters - T f" Jr C -" C) Filling, Removal. and Grading of Shoreline Features NA B P Al Al P B B Al B Residential Structures P P P P A P P P A B Commercial/Industrial Structures B B P P B P B B B B Public Recreational Structures B B P B B P B B B B Recreational Mooring Areas B NA NA NA NA NA NA NA Marinas B B P B B P B B B B Launching Ramps' B B P B B P B B B B Residential Docks.* Piers.* and Floats A A P A A A A A A B Mooring of Houseboats B NA NA NA NA P NA NA NA NA Mooring of Floating Businesses B NA N A NA NA P NA NA NA NA Municipal Sewage Treatment Facilities B B P p2 B P B B B B Individual Sewage Disposal Systems P P P P A P P P A B Point Discharges - Runoff A A A A A A A A A A Point Discharges - Other B B P B B P B B B B Non-Structural Shoreline Protection A A A A A A A A A A Structural Shoreline Protection Facilities B B P P B P B B B B Energy-related Activities/Structures B B P p3 B P B B B B Dredging - Improvement B NA N A N A NA P N N A NA NA Dredging - Maintenance A NA NA NA NA P NAN NA NA Open-Water Dredged Material Disposal B NA NA NA P NA NA NA NA Upland Dredged Material Disposal NA B B B B P B B B B Beach Nourishment B B B B B P NA NA NA B Filling in Tidal Waters B NA NA NA NA P NA NA NA NA Aquaculture B NA N A NA NA P NA NA NAN Mosquito Control Ditching A NA NA NA NA A NA NA NA B Mining P P P P P P P P P P Construction of Public Roads. Bridges. Parking B B P P B P B B B B Lots, Railroad Lines. Airports 26 I I IS I / /s I / 0 t 0 I ie I' Il S : TypesdnWaters a Fa A? A P Filling. Removal. and Grading of Shoreline Features NA B P A' A; P B BN AN B Residential Structures P P P P A P B B A B Commercial/Industrial Structures B B P P B P B B B B Public Recreational Structures B B P B B P B B B B Recreational Mooring Areas B NA NA NA NA NA NA NA NA NA Marinas B B P B B P B B B B Launching Ramps* B B P B B P B B B B Residential Docks.* Piers.* and Floats A A P A A A A A A B Mooring of Houseboats B NA NA NA NA P NA NA NA NA Mooring of Floating Businesses B NA NA NA NA P NA NA NA NA Municipal Sewage Treatment Facilities P B P p2 B P B B B B Individual Sewage Disposal Systems P P P P A P B B A B Point Discharges -Runoff A A A A A A A A A A Point Discharges -Other B B P B B P B B B B Non-Structural Shoreline Protection A A A A A A A A A A Structural Shoreline Protection Facilities B B P P B P B B B B Energy-related Activitles/Structures B B P P3 B P B B B B Dredging - Improvement B NA NA NA NA P NA NA NA NA Dredging - Maintenance A NA NA NA NA P NA NA NA NA Open-Water Dredged Material Disposal B NA NA NA NA P NA NA NA NA Upland Dredged Material Disposal NA B B B B P B B B B Beach Nourishment B B B B B P NA NA NA B Filling in Tidal Waters B NA NA NA NA P NA NA NA NA Aquaculture B NA NA NA NA P NA NA NA NA Mosquito Control Ditching A NA NA NA NA A NA NA NA B Mining P P P P P P P P P P Construction of Public Roads. Bridges. Parking B B P P B P B B B B Lots. Railroad Lines. Airports 27 Type 6 Waters Filling. Removal. and Grading of Shoreline Features NA B P A' A1 P B B Al B Residential Structures P P P P A P B B A B Commercial/lndustrial Structures B B P P B P B B B B Public Recreational Structures B B P B B P B B B B Recreational Mooring Areas B NA NA NA NA NA NA NA NA NA Marinas B B P B B P B B B B Launching Ramps' B B P B B P B B B B Residential Docks. Piers.' and Floats B B P B B B B B B B Mooring of Houseboats B NA NA NA NA P NA NA NA NA Mooring of Floating Businesses B NA NA NA NA P NA NA NA NA Municipal Sewage Treatment Facilities B B P p2 B P B B B B Individual Sewage Disposal Systems P B B A B Point Discharges -Runoff A A A A A A A A A A Point Discharges - Other B B P B B P B B B B Non-Structural Shoreline Protection A A A A A A A A A A Structural Shoreline Protection Facilities B B P P B P B B B B Energy-related Activities/Structures B B P P3 B P B B B B Dredging - Improvement B NA NA NA NA P NA NA NA NA Dredging - Maintenance A NA NA NA NA P NA NA NA NA Open-Water Dredged Material Disposal B NA NA NA NA P NA NA NA NA Upland Dredged Material Disposal NA B B B B P B B B B Beach Nourishment B B B B B P NA NA NA B Filling in Tidal Waters B NA NA NA NA P NA NA NA NA Aquaculture B NA NA NA NA P NA NA NA NA Mosquito Control Ditching A NA NA N A A NA NA NA B Mining P P P P P P P P P P Construction of Public Roads. Bridges. Parking B B P P B P B B B B Lots. Railroad Lines. Airports 28 Table 1A. Review Categories in the 200-Foot Section 120. Area Contiguous to Shoreline Features. Variances Alteraton oReview A. Applicants desiring a variance from a tCategory standard shall be granted an Assent only if Filling. Removal. and Grading of Shoreline the Council finds that the following five Features A/B1 criteria are met: Residential Buildings and Associated (1) The proposed alteration conforms with Structures A applicable goals and policies in Parts Two and Commercial and Industrial Structures B Three. Public Recreational Structures 0 B 0 (2) The proposed alteration will not result in significant adverse environmental impacts Municipal Sewage Treatment Facilities B or use conflicts. Individual Sewage Disposal Systems A (3) Due to conditions at the site in ques- Point Discharges - Runoff A tion. the standard will cause the applicant an Point Discharges - Other B undue hardship. (4) The modification requested by the Structural Shoreline Protection ; ; B applicant is the minimum necessary to relieve Non-Structural Shoreline Protection A an undue hardship. Upland Dredged Material Disposal B (5) The undue hardship is not the result of Energy-related Structures ; B any prior action of the applicant. Mining B B. Relief from a standard does not remove Construction of Public Roads. Bridges. the applicant's responsibility to comply with Parking Lots, Railroad Lines. and Airports B all other Program requirements. tSee Section 300.2(A)2 for differentiation between Cate- gory A and B reviews. Section 130. Special Exceptions A. Special exceptions may be granted to prohibited activities to permit alterations and activities that do not conform with a Council goal for the areas affected or which would otherwise be prohibited by the requirements of this document only if and when the applicant has demonstrated that: (1) The proposed activity serves a compel- ling public purpose which provides benefits to the public as a whole as opposed to individual or private interests. The activity must be one or more of the following: (a) an activity associated with public infrastructure such as utility. energy. communications, transportation facilities; (b) a water- dependent activity that generates substantial economic gain to the state; and/or (c) an activity that provides access to the shore for 29 broad segments of the public. coastal feature at which an approved activity (2) All reasonable steps shall be taken to or alteration may take place. minimize environmental impacts and/or use B. Setbacks shall be maintained in areas conflict. contiguous to coastal beaches, coastal (31 There is no reasonable alternative wetlands, coastal cliffs and banks, rocky means of, or location for, serving the compel- ling public purposecited.shores, and existing manmade shorelines, ling public purpose cited, and apply to the following categories of B. Special exceptions may be granted only activities and alterations: after proper notice in accordance with the (1) filling, removal, or grading, except when Rhode Island Administrative Procedures Act, part of an approved alteration involving a a public hearing has been held, and the water-dependent activity or structure (Sec- record of that hearing has been considered by tion 300.2); the full Council. The Council shall make (2) residential buildings, excluding asso- public the findings and conclusions upon ciated structures (Section 300.3): which a decision to issue a Special Exception (3) individual sewage disposal systems, are based. sewage treatment plants, and associated sewer facilities excluding outfalls (Section 300.6): C. In granting a Special Exception, the (4) industrial structures, commercial struc- Council shall apply conditions as necessary to tures, and public recreation structures that promote the objectives of the Program. Such are not water-dependent (Section 300.3); and conditions may include, but are not limited (5) transportation facilities that are not (5) transportation facilities that are not to, provisions for: water-dependent (Section 300.13). (1) minimizing adverse impacts of the alter- ation upon other areas and activities by C. Setbacks shall extend not less than fifty stipulating the type, intensity, and perfor- (50) feet from the inland boundary of the mance of activities, and the hours of use and coastal feature except in areas designated by operation: the Council as Critical Erosion Areas. In (2) controlling the sequence of develop- Critical Erosion Areas (Table 2), the depth of ment, including when it must be commenced the setback shall be not less than 30 times and completed: the calculated average annual erosion rate. (3) controlling the duration of use or devel- D. Applicants for alterations and activities opment and the time within which any who cannot meet the minimum setback temporary structure must be removed; standards may apply to the Council for a (4) assuring satisfactory installation and variance (Section 120). maintenance of required public improve- ments; E. The setback provisions do not apply to (5) designating the exact location and minor modifications or restoration of struc- nature of development: and tures that conform with all other policies and (6) establishing detailed records by submis- standards of this program. sion of drawings, maps, plots, or specifica- tions. Table 2. Setbacks in Critical Erosion Areas. Erosion Annual Category Estimated Setback (on accompanying Rate Distance Section 140. maps) in feet) in feet) Setbacks (A) 2-2h 2 75 (B) 3-4 120 (C) 4-5 150 A. Definition: a setback is the minimum distance from the inland boundary of a (D) 5-6 180 30 Section 1 50. Scenic Qualities, Buffers help preserve the Buffer Zones natural appearance of the shoreline, which gives Narragansett Bay and the South Shore salt ponds much of their beauty: vegetation A. Definition: a buffer zone is a land area on should screen buildings in areas of rural or contiguous to a shoreline feature that is character from vantage points on the water retained in its natural and undisturbed con- and neighboring shore. (See Section 330.) dition by the applicant. Natural buffer zones should be used where B. Buffer zones must be tailored to on-site possible to blend in those facilities that are water-dependent, such as stairways, and conditions and the specific alterations and make them less obtrusive. Vegeta ted buffer activities that are to be undertaken. The make them less obtrusive. Vegetated buffer determination of the boundaries of a buffer strips greatly enhance the appearance of the zondetermination balance the boarope offer' commercial areas adjacent to Type 5 and 6 zone must balance the property owner's rights to enjoy his property with the Council's activities and need not interfere ite. Buffer activities that take place on the site. Buffer responsibility to preserve and, where possible, zones should be used where possible to lessen restore ecological systems. The benefits of the intrusion of new facilities n historic the intrusion of new facilities in historic buffer zones may be summahized as follows: areas and to protect sensitive or archaeologi- (1) Erosion Control. Undisturbed vegetation when retained on and adjacent to steep slopes and banks of unconsolidated material stabi- C. Buffer zones shall be established accord- lizes soils and can prevent gullying by slowing ing to the values and sensitivities of the site the velocity of runoff water. Marshes assist in as assessed by the Council's staff engineer preventing or slowing upland erosion and and biologist. The areas designated as buffer provide protection to the toe of a bank or zones on Council Assents may be wider than shoreline protection structure. the setback distance and shall be maintained (2) Pollution of Water Bodies. Vegetation by the applicant as undisturbed areas and in along the perimeter of water bodies is effec- their natural condition. Minor pruning and tive in trapping pollutants carried by runoff trimming may be permitted if so stipulated by waters and absorbing nutrients from ground- the Council. Fertilizers shall not be applied water; this is particularly important in areas within buffer zones except where necessary to abutting poorly flushed water bodies such as establish vegetation in areas that are eroding salt ponds and some river estuaries that are or need to be restored. threatened by an overabundance of nutrients and contaminated runoff waters. (3) Protection of Flora and Fauna. Buffer zones protect the habitat for wildlife. an Section 160. important resource in many coastal areas; Fees these zones help preserve the nesting and feeding habitats that are particularly impor- tant on shorelines abutting coastal wetlands Island. Title 46, Chapter 23, Section 2 Sub- and Type 1 and 2 waters. Buffer zones are 0 section 46-23-6D.C. authorize the Council to frequently essential to the protection of rare 'grant licenses, permits. and easements for or unusual occurrences of wildlife and un- the use of Coastal Resources, which are held usual or otherwise significant plant species, in trustby the state for all its citizens, and stands, or communities. The maintenance of impose fees for private use of such species diversity and transition zones resources" between communities is important. as is the protection of species that have particular B. The Council requires fees for land value as wildlife food. created by the filling of tidal waters and the (4) Preservation and Enhancement of long-term (dead) storage of vessels. Factors to 31 be considered in establishing the fee include: seasonal apparatus such as spat collectors (1) the degree of preemption associated shall apply for a Council Assent and will not with the activity or alteration involved; be charged a rental fee. (2) the degree of irreversibility associated with the activity or alteration; (3) the value of opportunities for other activities lost to the public as the result of Section 170. the activity; and Violations and Enforcement (4) the economic return to the applicant Actions resulting from pursuing the activity or mak- ing the permitted alterations. Payments required by the fee shall be A. Chapter 23, Section 3, Subsection determined by the Council upon the comple- 46-23-7 of the General Laws of Rhode Island tion of a professional appraisal based on the authorizes the Council to order violators of criteria listed above. The Assent recipient the Program to cease and desist or to remedy shall bear the cost of the appraisal. violations. A violation of this Program is C. A Council permit for aquacultural activi- defined as any development. operation, altera- ties, excluding seasonally deployed aquacul- tion, or construction in an area under Coun- ture apparatus such as spat collectors, will be cil jurisdiction which is (1) undertaken in the form of a lease. - without a valid Council Assent; (2) under- (1) The annual rental fee is seventy-five taken in a manner other than that prescribed dollars ($75.00) for half an acre or less, one in such an Assent where one has been issued; hundred and fifty dollars ($150.00) for a half (3) continued after a written cease and desist to one acre, and one hundred dollars order has been issued by the Council or its ($100.00) for each additional acre. Annual authorized agents; or (4) undertaken after a rental fees are payable in full, in advance, on restoration order has been issued by the the first business day in the month of Council. January of each rental year. Leases are not to B. Cease and desist orders are written exceed ten years and shall be renewable upon orders to a violator of the Coastal Resources application of the permittee for successive Management Program to halt all illegal activi- periods of up to five years each. Any assign- ties immediately. The chairman of the Coun- ment or sublease of the whole or any portion cil and state conservation officers are of a leased area shall constitute a breach of empowered to issue written cease and desist the lease and be cause for termination of the orders. Restoratio n orders are issued by the . ase, unless such assignment or sublettinorders. Restoration orders are issued by the lease, unless such assignment or subletting chairman of the Council for violators to has received the prior approval of the Council. return the altered area, feature, or waters to a (2) In the event a lease holder fails to make condition as close as possible to their pre- full payment of the annual rental fee by the vious unaltered condition as required by this first business day of the month of February of Program Program. each rental year, the lease agreement shall be terminated, and all permits and authorities C. The Division of Enforcement of DEM granted under this section shall be revoked. enforces the laws and regulations of the In the event the leased area is not actively Council. The division is assisted by the used for a period of more than two years. the professional field personnel from the Div- lease shall be terminated, and all licenses and isions of Coastal Resources and Fish and authorities granted thereunder revoked. Wildlife, who monitor work in progress and Lease holders shall be notified 60 days prior conformance with Council Assents. to such revocation and may appeal the Council's decision. D. The chairman shall issue restoration (3) Persons wishing to deploy small-scale orders whenever the violation, if halted but 32 not redressed, is determined to represent or ditions at a site. the full Council. if necessary is-capable of causing significant adverse at an emergency meeting, may permit per- environmental impacts. or is inconsistent manent structural measures to be taken that with the resource management goals. policies, shall balance the following considerations: and regulations of this Program. (1) immediate and long-term environmental E. Any person in violation of an order of the impacts at the site; Council shall be guilty of a misdemeanor and () eonomic impact on adjacent features activi- (3) the impact on adjacent features, activi- upon conviction thereof shall be fined not ties, and/or property. more than three hundred dollars ($300), or more than three hundred f dollars (300), o r e In cases involving structural shoreline pro- shall be imprisoned for a period not exceed- tection facilities, full consideration shall be ing three months, or both. Each day such given to the requirements of Section violation, omission, failure, or refusal con- tinues shall be deemed a separate offense. F. The chairman or vice chairman of the Council shall apply to any court or competent jurisdiction for any injunction to prevent the unlawful posting or blocking of any tidal water public right-of-way. Section 180. Emergency Assents A. The executive director may grant an Emergency Assent when catastrophic storms, flooding, and/or erosion has occurred at a site under Council jurisdiction. and where, if immediate action is not taken, the existing conditions may cause one or more of the following: (1) bodily harm or a threat to public health: (2) significant adverse environmental impacts: or (3) significant economic loss. These Emergency Assents may permit only such action at the site that will correct conditions (1) through (3) above in a manner consistent with the policies of this Program. Emergency Assents shall not be granted to permit permanent structural alterations to coastal features or tidal waters and coastal ponds that are not fully consistent with the policies and prohibitions of this Program as they apply, to conditions then existing at the site. B. Where catastrophic storms. flooding. and/or erosion has significantly altered con- 33 Part Two. Areas Under Council Jurisdiction 35 Section 200. 2. The six categories of waters defined in Tidal and Coastal Pond this Program are directly linked to the char- acteristics of the shoreline, since the activi- Waters ties on the adjacent mainland are the primary determinant of the uses and qualities of any specific water site. Thus, Type I waters abut shorelines In a natural undisturbed condi- A. Introductory Findings tion, where alterations, including the con- 1. Rhode Islanders have a deep commitment struction of docks and any dredging, are to their coastal environment. Their concern considered by the Council as unsuitable. Type for Narragansett Bay and the South Shore 2 waters are adjacent to predominantly resi- coastal ponds has been voiced in numerous dential areas, where docks are acceptable. but ways, including support of landmark legisla- more intense forms of development, including tion in 1971 that created the Coastal Re- more marinas and new dredging projects (but sources Management Council, .endorsement of not maintenance dredging), would change the many of the efforts of environmental organi- area's character and alter the established zations such as Save the Bay and the balance among uses. Alterations such as Audubon Society of Rhode Island, and pas- these would bring more intensive uses and sage of the largest bond issue in the state's are therefore prohibited in Type 2 waters. The history in order to relieve chronic pollution in waters along some 70 percent of.the state's upper Narragansett Bay caused by the anti- 420 miles of shoreline have been assigned to quated Providence municipal sewage treat- Type I and Type 2, and should be expected to ment plant. The concerns of the public have retain their high scenic value and established in large measure been responsible for deci- patterns of low-intensity use. Type 3 waters sions not to build oil refineries in Jamestown are dominated by commercial facilities that and Tiverton. and to halt the indiscriminate support recreational boating. Here, marinas. destruction of salt marshes and the improper boatyards. and associated businesses take disposal of dredged spoils. Narragansett Bay pirt vrohrueaddegn n is widely accepted as the state's greatest shoreline alterations are to be expected. Type resource, and our coastal waters and shore- 4 areas include the open waters of the Bay line are the focus not only of tourism but of and the Sounds, where a balance must be efforts to attract new businesses into the maintained among fishing, recreational boat- state. Rhode Island strives to maintain the ing, and commercial traffic.Here high water image of a desirable place to work and raise a quality and a healthy ecosystem are primary family, and these attributes are inextricably concerns. The last two water use categories bound to a varied and beautiful shoreline. are assigned to areas adjacent to ports and where water quality and, no less Important, industrial waterfronts. In these waters, main- visual quality are excellent and well protected. tenance of adequate water depths Is essential, The qualities that make Rhode Island's coast high water quality is seldom achievable, and beautiful and an unparalleled recreational some filling may be desirable. Within Type 5 resource are fully as important as the more ports, a mix of commercial and recreational readily quantifiable commercial and indus- activities must co-exist. while in Type 6 trial water-dependent activities. The designa- waters water-dependent industrial and comn- tion of large stretches of waters or coastline mercial activities take precedence over all for conservation and low-intensity use by this other activities. The water categories de- Program recognizes these facts and will help scribed in this section are complemented by maintain a high quality of coastal environ- policies for shoreline types (Section 210), and ment for future generations of Rhode the two must be combined to identify the Islanders. Program's policies for a specific coastal site. 36 3. More than 90 percent of Rhode Island's 5. Activities that are dependent on Rhode tidal waters are classified by the R.I. Depart- Island's tidal waters generate substantial ment of Environmental Management as SA, economic benefits to the state. Nearly one the highest water quality rating. Water pollu- billion dollars are generated each year by tion, however, is a major concern, with such water-related activities as marine indus- eutrophication and bacterial contamination a try, transportation and education, commercial growing concern in the salt ponds and with fishing and marine recreation (Farrell and all major indicators of pollution showing Rorholm, 1981). Substantial additional eco- strong gradients down the Bay from the nomic benefits are generated by water- Providence metropolitan area. Despite the enhanced residential development, tourism, pollutants and intense fishing pressure, and the importance of an attractive marine Rhode Island's tidal waters support large environment in drawing high-quality busi- seasonal populations of a variety of finfish. In nesses to Rhode Island. the Bay, the quahog supports a large and important commercial fishery. Recreational fishing for flounder, bluefish, and striped bass is important nearshore. 4. Rhode Island has a rich history of maritime commerce and industry. In this century, however, the once-booming urban waterfronts of the upper Bay have stagnated and declined despite major infusions of pub- lic funds to deepen the access channel to Providence to 40 feet and build new terminal facilities. During the postwar decades, oil imports have dominated waterborne com- merce, but this sector has declined sharply since the mid-seventies. In 1973, the U.S. Navy announced a major pullout from its extensive facilities in the lower Bay, and by 1980 hundreds of acres of port facilities at Quonset. Davisville, Melville. and Coddington Cove had been turned over to the state. The State of Rhode Island now owns a large inventory of unutilized or underutilized port facilities. As commercial shipping has declined, recreational boating has increased. Facilities for the in-water storage of boats are in short supply, but with very few exceptions expansion of marinas into new areas could only be accomplished if remaining salt marshes and other important natural fea- tures were sacrificed. Since this is-considered unacceptable by the Council, the emphasis must be on the more efficient use of existing facilities, recycling of underutilized but already disturbed sites, and improvements to public launching facilities. 37 200.1. B. Findings Type 1 Conservation Areas 1. The coastline that fronts directly on Long Island and Block Island Sounds includes some of the most dynamic and naturally scenic features in Rhode Island. These include the Included in this category are (1) water areas South Shore barrier beaches, the erosion- that are within the boundaries of designated prone bluffs of Block Island, and Newport's wildlife refuges and conservation areas, (2) rocky promontories. In order to preserve these water areas that have retained undisturbed shorelines adequately and to avoid inapprop- natural habitat or maintain scenic values of riate activities in these areas, structural unique or unusual significance, and (3) water alterations in the tidal waters directly adja- areas that are particularly unsuitable for cent to these features must be severely structures due to their exposure to severe restricted or prohibited. wave action, flooding, and erosion. Potter Salt Pond. South Kingstown. Photo by VLrginia Lee. 38 2. Brigg's Marsh in Little Compton, Sachem 2. The mooring of houseboats and floating Pond on Block Island, and Hundred Acre Cove businesses, the construction of recreational in Barrington are examples of water areas boating facilities, filling below mean high which have exceptional value as waterfowl water, point discharge of substances other nesting and feeding habitat. Rare and unique than runoff water. and the placement of assemblages of plants and animals and rich industrial or commercial structures or opera- shellfish beds are found in these undisturbed tions (excluding fishing and aquaculture) are waters. Many, but not all, water areas of all prohibited in Type 1 waters. well-recognized significance to wildlife are 3. In Type 1 waters, activities and altera- within established sanctuaries or manage- tions including dredging, dredged materials ment areas. disposal, structural shoreline protection, and 3. Opportunities for scientific research and grading and excavation on abutting shoreline education have been enhanced by the desig- features are all prohibited unless the primary nation of a National Estuarine Sanctuary in purpose of the alteration or activity is to the upper Bay, one of some 15 similar preserve or enhance the area as a conserva- designations nationwide. The sanctuary tion area and/or a natural buffer against includes Bay waters extending to the 18-foot storms. depth contour around Patience Island. the 4. Since runoff can be a major source of northern half of Prudence Island, and Hope pollutants from developed areas, new or Island. : 0 \ enlarged point discharges of runoff shall be 4. Valuable conservation areas are not all in permitted in Type 1 waters only when it is clean, rural environments. For example, Wat- demonstrated that no reasonable alternative chemoket Cove in the heart of the East exists and that no significant adverse impact Providence industrial waterfront is an impor- to the receiving waters will result. The cumu- tant waterfowl resting area, particularly dur- lative impacts of runoff are of particular ing the winter months when large numbers of concern in Type I waters. canvasbacks, scaup, widgeon, and black 5. Applicants for Council Assents for altera- ducks are present. : tions or activities in or contiguous to Type 1 5. Several stretches of shoreline within waters shall describe the measures taken to Narragansett Bay have survived the rapid mitigate impacts on the scenic quality of the proliferation of residential development dur- area (see Section 330). ing recent decades in pristine condition. Examples include the Potowomut River, the 6. Counci urisdicti and alteratiguous to pubject to Palmer River in Barrington and Warren, and Council jurisdiction contiguous to public Palmer River in Barrngton and rren and parks, public beaches, public rights-of-way to the Mt. Hope Cliffs in Bristol. It is important the shore, and conservation areas abutting that as much of this land as practicable be 'I Type 1 waters shall not significantly interfere preserved from alteration to assure that Rhode Island's rich diversity of shoreline with public use and enjoyment of such Rhode Island's rich diversity of shoreline facilities. Where significant interference is types and f high scenic value Dare preserved. found, the Council shall suitably modify or prohibit that alteration or activity. C. Policies 1. The Council's goal is to preserve and protect Type 1 waters from activities and uses that have the potential to degrade scenic, wildlife, and plant habitat values, or which may adversely impact water quality and the diversity of natural shoreline types. 39 200.2. adjacent to the few densely developed areas, Type 2 Low-Intensity Use and its shorelands are varied and pictu- resque, displaying large salt marshes, rocky cliffs, open agricultural fields, and wooded A. Definition shoreline. The upper half of the Sakonnet River is a productive quahog ground and is This category includes waters in areas with River is a productive quahog ground comis high scenic value that support low-intensity mercially throughout the river, and Almy recreational and residential uses. These Brook, which drains into the Sakonnet from waters include seasonal mooring areas where Nonquit Pond, contains a sizable alewife run. good water quality and fish and wildlife habitat are maintained. 4. Several small riverine estuaries such as the Kickamuit River in Warren and the B. Findings Pettaquamscutt (Narrow) River in Narragan- sett, South Kingstown, and North Kingstown 1. Type 2 waters are similar to Type 1 are also assigned to Type 2 waters. These waters in their high scenic qualities, high rivers contain extensive salt marshes and a value for fish and wildlife habitat, and, with rich diversity of fish, shellfish, and waterfowl. some exceptions, good water quality. Densely Extensive residential development and re- developed residential areas abut much of the stricted flushing combine to pose severe water waters in this category, and here docks and quality concerns similar to those in the more the activities and small-scale alterations asso- developed salt ponds. Scenic values, however. ciated with residential waterfronts are consi- remain high, and local residents are highly dered suitable. concerned that activities such as shellfishing 2. Major portions of the salt ponds along and swimming are maintained and not the South Shore between Watch Hill and preempted by poor water quality. Point Judith are assigned to Type 2 waters. Nearly all have retained their scenic and C. Policies natural characteristics while accommodating 1. The Council's goal is to maintain and, residentall dckse ms inor dredged channels. where possible, restore the high scenic value, and small-scale shoreline protection struc- tures. Each coastal pond is an individually water quality, and natural habitat values of distinct ecosystem and a unique feature of these areas, while providing for low-intensity distinct ecosystem and a unique feature of uses that will not detract from these values. great scenic value. Continuing residential development within the watersheds of the salt 2. New or deepened dredged channels and ponds poses severe threats to future water basins (termed "improvement dredging" by quality in the form of both bacterial contami- the Army Corps of Engineers); new marinas, nation and eutrophication. Permanent and expansion of pre-existing marinas in breachways built in the 1950s to provide easy excess of 25 percent of their capacity as of access for boats to the ocean have radically January 1981: the mooring of houseboats and altered the ecology of many of the larger floating businesses; industrial and commer- ponds and are causing rapid siltation within cial structures and operations (excluding the ponds. fishing and aquaculture); and filling are all 3. Waters along open coasts which support prohibited in Type 2 waters. low-intensity uses associated with residential 3. Residential boating facilities, public areas are found along stretches of the lower launching ramps, and structural shoreline Bay. An example is the Sakonnet River, which protection facilities may be permitted. separates Aquidneck Island from Tiverton and Little Compton. The Sakonnet's waters and Little Compton. The Sakonnets waters 4. Applicants for Council Assents for altera - are of high quality except for small areas 40 describe the measures taken to mitigate (f) Point Judith Pond impacts on the scenic quality of the area (see (g) Nanaquacket Pond Section 330). (h) Palmer River {i) Kickemuit River 5. Since runoff can be a major source of ( Kickemuit River pollutants from developed areas to poorly (j) Fishing Cve (Wickford) flushed estuaries, new or enlarged discharges (kPettaquamsutt River shall be permitted into the following Type 2 6. Activities and alterations subject to waters only when it is demonstrated that no Council jurisdiction contiguous to public reasonable alternative exists and that no parks, public beaches, public rights-of-way to significant adverse impact to the receiving the shore and conservation areas abutting waters will result: Type 2 waters shall not significantly interfere (a) Winnapaug Pond with public use and enjoyment of such (b) Quonochontaug Pond facilities. Where significant interference is (c) Ninigret Pond (Charlestown Pond) found. the Council shall suitably modify or (d) Green Hill Pond deny that alteration or activity. (e) Potters Pond Potter Salt Pond. South Kingstown. Photo by Prentice Stout. 41 200.3. Rhode Islanders in a recreation activity that Type 3 High-Intensity Boating makes direct use of tidal waters. In 1978, some 65 percent of all slips and moorings were within marinas and yacht clubs, and A. Definition nearly all of these are within Type 3 waters. This category includes intensely utilized 2. Marinas face a number of difficulties. water areas where recreational boating activi- The boating season in Rhode Island is con- ties dominate and where the adjacent shore- fined to six months, with most of the activity lines are developed as marinas, boatyards, concentrated in June, July, and August. Many and associated water-enhanced and water- marina operations have difficulty in generat- dependent businesses. ing income during the remainder of the year and are economically marginal businesses. Nearly all the existing marinas were built B. Findinlgs when the value of waterfront property was far 1. Marinas are the principal means by lower than it is today, and the pressure is which the boating public gains access to tidal mounting to convert marginal operations waters, and therefore provide an important occupying high-value waterfront land to more public service. Only beachgoing involves more profitable uses. _;i Pawtuxet Cove, Warwick and Cranston. Photo by Robert Izzo. 42 3. Areas suitable for marinas are severely weighed when the Council considers propos- limited, and the steady growth in the number als that may impact these assets. of recreational boats is increasing the compe- tition for the available facilities. Unfortu- nately, sheltered waters suitable for marinas are limited, and most of the remaining 1. The Council's goal is to preserve, protect, potential sites contain salt marshes that and, where possible, enhance Type 3 areas for could only be developed at great environmen- high-intensity boating and the services that tal as well as high economic costs. Persons support this activity. Other activities and proposing new marinas are also hampered by alterations will be permitted to the extent local zoning and high land costs. and neigh- that they do not significantly interfere with borhood opposition is frequently vociferous. recreational boating activities or values. The solution to growing demand is therefore to use the available facilities more efficiently 2. The highest priority uses of Type 3 waters and adjoining land areas within the and to recycle already altered sites in the upper Bayt and on excessed Navy holdings, Council jurisdiction are (a) marinas, mooring areas, public launching ramps. and other such as Aliens Harbor in North Kingstown suchand along the Arouidneck west shore. facilities that support recreational boating and enhance public access to tidal waters; 4. In many locations, marina operators are and (b) boatyards and other businesses that plagued with siltation problems and find it service recreational boaters. difficult to find acceptable sites for their 3. The Council encourages marinas to seek dredged materials. Dredging problems can be innovative solutions to increased demands for best solved if the marina operators within a moorings, doc moorings, dockage, and storage space. and cove or harbor join together to finance the *.oeoaroontt fin e allows marina operators to alter the layout of dredging and find a common local solution to their facilities and increase their capacity up the disposal problem. Options such as marsh to 25 percent (as of January 1981) within building, beach nourishment, or the trans- port of materials to a more distant location approved marina perimeters without applying become technically and economically feasible when a sufficiently large volume of material is; 4. The Council shall encourage more and to be moved and a united effort to solve the improved public launching facilities by pro- problem is organized. tecting existing facilities from interference by other uses subject to Council jurisdiction, 5. The growth in the size of the recreation identifying appropriate sites for new ramps fleet, limited berthing opportunities. and the and parking areas, and working with other increasing expense of in-water storage have agencies to build new ramps and maintain contributed to rapid growth in the number of existing. facilities. trailered boats. This has placed a heavy demand on public launching ramps, which are in short supply and many of which are in deteriorating condition or have limited park- ing capacity. 6. Type 3 waters and the adjacent shoreline, while utilized intensely for the needs of the recreational boating public, nevertheless retain numerous natural assets of special concern to the Council. These include coastal wetlands., and the value these areas provide as fish and shellfish spawning and juvenile rearing grounds. These factors must be 43 200.4. 2. In the early years of this century, the Bay Type 4 Multipurpose Waters supported a lucrative oyster culture industry. In 1910, some 20,000 acres of Bay bottom were leased to private growers. Conflicts A. Definition between oyster growers and commercial shell- fishermen were intense. The oyster industry This category includes (1) large expanses of openThis category includes (arge expanses of began a rapid decline in the 1930s and ended open water in Narragansett Bay and the in 1957. In the late 1970s. a new form of Sounds which support a variety of commer- aquaculture using intensive off-bottom cu- cial and recreational activities while main- ture methods was proposed for several loca- ture methods was proposed for several loca- taing gooad value as a fish and wildlife tions. By mid-1982 three leases had been habitat; and (2) open waters adjacent to granted by the Council in the Bay and in the shorelines that commerciauld support water- coastal ponds. Commercial fishermen oppose high-idependent commercial industrial and/rctivities. the re-establishment of aquaculture in the Bay fearing encroachment on their grounds and impacts on shellfish prices. Aquacultur- B. Findings ists argue that their intensive methods need 1. The open waters of Narragansett Bay and not compete with traditional fisheries for the Sounds are used for a number of pur- prime grounds and that aquaculture could poses including commercial and sport fish- provide the state with a new industry, provid- ing, boating, commercial shipping. ing jobs and revenues from a renewable aquaculture. and scientific research. These native resource. Aquaculturists use floating areasreasare highly producitive of fish and structures such as rafts or lines suspended areas are highly productive of fish and from buoys or may conduct their activities on shellfish. and support substantial commercial the bottom. Most aquacultural activities fisheries including a small dragger fishery, the bottom. Most aquacultural activities fisheries including and shemall dragger fisheryinvolve fixed and relatively permanent struc- seasonal lobstering, and shellfishing. The overwhelming majority of activity is in shell- tures. While the species potentially suitable fishing, particularly quahogging. The quahog for aquaculture are almost unlimited, the fishery has grown steadily over the past Bay are mussels. oysters, and quahogs. fishery has grown steadily over the past species of current interest for Narragansett decade, and in 1980 the reported landings of quahog meats peaked at an all-time high of 3. Boaters and sport fishermen are another 3.5 million pounds, worth over $11 million. It major user group of Type 4 waters. The is generally accepted that the reported catch majority of the state's estimated 33,000 is substantially less than the actual. In 1980, (1979) recreational boats are used on the Bay. Rhode Island supplied more than one-quarter Sport fishermen take large numbers of of the nation's total harvest, and the fishery flounder, bluefish, and striped bass each year. provided full-time employment to some 1.300 The scenic qualities of the Bay, good water fishermen and part-time employment to an quality, and control over preemptive uses are additional 2.300. The boundaries of principal essential to all recreational users. grounds for the quahog trawler and lobster fisheries are shown in a general manner on 4. A major conced water quality of Type maps in "'An Aquaculture Management Plan waters is good water quality. The major maps in "An Aquaculture Management Plan source of all principal pollutants to the Bay, for Rhode Island Coastal Waters," prepared in 1981 by W.J. Lapin of the Department of including pathogenic bacteria, nutrients. pe- Environmental Management. A significant troleum hydrocarbons. metals. and exotic portion of the Bay's quahog beds is in upper organic chemicals. are the urban ant indus- Bay areas permanently closed to shellfishing, trial centers that discharge into the Provi- and many of the currently most productive dence River. Strong down Bay gradients are grounds are closed for much of the year. seenfor all these pollutants. The long-term com- Water pollution is thus a major threat to the for all these pollutants ong-term co Bay's shellfisheries. bined impacts of pollutants on the Bay Bay's shellfisheries. 44 ecosystem are not well understood. There is 2. The Council recognizes that large por- evidence, however, that pollutants that enter tions of Type 4 waters include important the Providence River may be impacting the fishing grounds and fishery habitats, and Bay as far south as Hope Island. The major shall protect such areas from alterations and sources of pollutants to the Bay are the rivers activities that threaten the vitality of Rhode that drain some 2.000 square miles in Rhode Island fisheries. Island and Massachusetts. the effluents from 3. Aquaculture leases shall be considered if sewage treatment plants, and urban runoff. the Council is satisfied there will be no the Council is satisfied there will be no significant adverse impacts on the traditional C. Policies fishery. 1. The Council's goal is to maintain a 4. The Council shall work to promote the balance among the diverse activities that maintenance of good water quality within the must coexist in Type 4 waters. The changing Bay. While recognizing that stresses on water characteristics of traditional activities and quality will always be present in urban areas the development of new water-dependent uses such as the Providence River, the Council shall, where possible. be accommodated in shall work to promote a diversification of keeping with the principle that the Council activities within the upper Bay region shall work to preserve and restore ecological through the water quality improvement systems. process. : - (Left) East Passage off Newport. Photo by Daniel Dunn. (Right) Purse seining in Narragansett Bay. Photo by Robert Izzo. 45 f 5 f 0F xJzr o- -'_- _ "_,ff I0f)Es asg olepr.Poob Dnie DunlRgt ]s enn nNraast . Pht M: Roet zo fax enr : 0 ; r 4 200.5. dependent and water-enchanced commerce, Type 5 Commercial and Recrea- including businesses catering to tourists: (c) maintenance of navigational channels and berths, and removal of obstructions to naviga- tion; and (d) activities that maintain or A. Definition enhance water quality and scenic qualities, including the preservation of historic fea- These waters are adjacent to waterfront tures. The Council shall suitably modify or areas that support a variety of tourist, recrea- prohibit activities that significantly detract tional, and commercial activities. They from or interfere with these priority uses. include all or portions of the following harbor areas: 3. Applicants for Council Assents for altera- tions or activities in Type 5 waters shall (1) Newport Harbor describe measures taken to mitigate impacts (2) Bristol Harbor o on the scenic quality of the area (see Section (31 Warren waterfront 330 (4) Wickford Harbor (5) Old Harbor, Block Island (6) East Greenwich Harbor (7) Watch Hill Harbor / B. Findings 1. Type 5 waters all support a vibrant mix / of commercial and recreational waterfront / activities. All have important historic value / that must be preserved. Competition for space is intense in all Type 5 waters. Comn- / mercial fishing vessels, recreational boats, and ferries compete for limited water space,. while waterfront businesses of many varieties vie for a position on the waterfront. The visual quality of these areas is highly impor- tant, since all are centers for tourism. / C. Policies 1. The Council's goals are to maintain a balance among diverse port-related activities, including recreational boating, commercial fishing. restaurants, and other water- enhanced businesses; to promote the efficient use of space: and to protect the scenic characteristics that make these areas valua- ble to tourism. 2. The highest priority uses of Type 5 waters and adjoining land areas within Coun- cil jurisdiction are (a) berthing, mooring. and servicing of recreational craft, commercial fishing vessels, and ferries: (b) water- Newport Harbor. Photo by Jane Brawley. 46 200.6. rials produced by maintaining or improving Type 6 Industrial Waterfronts existing channels and berths, and the need to and Commercial Navigation remove some 26.000 cubic yards of debris that forestalls the reuse of presently derelict lChanInels 0 areas. Coordinated planning and development efforts are essential to any initiative to A. Dehfnition jimprove the port and make it more competitive. These water areas are extensively altered in fa order to accommodate commercial and indus- 0 2. In the 1970s large-scale port facilities order to accommodate commercial and indus- and waterfront industrial sites at Quonset- trial water-dependent and water-enhanced Davisville, Coddington Cove, and Melville were activities. They include all or portions of the Davsvlle Coddngton Cove and Melvlle sites are declared surplus by the Navy. These sites are following areas: available for redevelopment principally (1) Port of Providence through the R.I. Port Authority. Some of the (2) Tiverton shipping area port facilities in these areas are in disrepair. (3) Quonset Point and Davisville and will require major infusions of capital if (4) Coddington Cove they are to be reused, while others are in good (5) Melville condition and are in active use for shipbuild- (6) Galilee and Jerusalem ing and other water-dependent purposes. (7) Westerly waterfront These facilities, when combined with the derelict waterfront in the Providence River. B. Findings give the state a large inventory of unutilized or underutilized port facilities. 1. The Port of Providence extends some ten miles along the Providence and East Provi- 3. Rhode Island supports a thriving off- dence shores of the Providence River and is shore commercial fishing industry based at the state's principal general cargo and petro- the ports of Galilee and Newport. Galilee is leum port. Import and export of products home port to some 160 vessels, which landed moving through the port have a major impact 56 million pounds of fish and shellfish worth on the state's economy and generate jobs and $11.7 million in 1982. The port facilities at economic activity in many other sectors. In Galilee are owned by the state and managed fiscal 1981, 5.3 million tons of petroleum. by the Department of Environmental Manage- steel, cement, automobiles, lumber, scrap ment. A large portion of the 21 million metal. and other non-petroleum commodities pounds of fish and shellfish worth $13 were received or shipped. The Providence million (1979) landed at Newport is caught by shipping channel is dredged to an authorized vessels that have home ports out of state. depth of 40 feet. Large segments of shoreline Fishing vessels berthing at Newport utilize and water in the port area are in derelict 0 : facilities managed under lease by the Depart- condition and littered with abandoned piers ment of Environmental Management. Rhode and sunken barges. Efforts to expand and Island's commercial fishing fleets are growing improve the port have been, underway for but are severely hampered by limited berthing many years. In East Providence, across the and unloading facilities. An expansion and channel from the Providence municipal S improvement program of the state facilities at wharf, the Providence and Worcester Railroad Galilee and Newport has been underway for a Company has made large investments n a decade. major new landing pier. On the Providence 4. Nearly all Rhode Island's boating and side, infusions of public funds have brought shipping facilities require periodic dredging many improvements, but much remains to be to maintain adequate water depths in chan- done. Priority problems include the difficulty nels and turning basins and at berths. Until in finding acceptable sites for dredged mate- the mid-sixties, dredged spoils were disposed 47 with little concern for environmental impacts. tion and maintenance of port facilities, navi- Salt marshes were filled. new sandbars and gation channels, and berths; and (c) spits created. and the largest project in recent construction and maintenance of facilities history, the deepening of the Providence required for the support of commercial ship- channel from 30 to 40 feet, left a large spoil ping and fishing activities. mound off Brenton Reef in the Sound and a The Council shall prohibit activities that legacy of vehement opposition by fishing substantially detract from or interfere with interests to any offshore disposal. For the these priority uses. past two decades, finding acceptable solu- 3. The Council will encourage and support tions to dredged materials disposal needs has port development and modernization and proved difficult. Salt marsh building, bulk- increased economic activity in the marine heading, and beach nourishment are fre- industries by participating wherever possible quently viable solutions where small volumes in the joint long-range planning and develop- are concerned, but offshore dumping may be ment activities with other state and local the only cost-effective solution for large pro- agencies, including the R.I. Port Authority, jects. All solutions raise concerns, and ener- the Department of Environmental Manage- getic opposition is frequently organized. ment and coastal and towns. Finding acceptable, environmentally sound and coastal cities and towns. solutions to dredged materials disposal 4. Through its Special Area Plan for Provi- remains an important challenge for the dence Harbor, and other planning initiatives. coastal program. the Council will identify and designate accep- table disposal solutions and sites adequate to meet the need for dredging, and provide the assurances required by industry that channel 1. The Council's goals for Type 6 waters and depths will be maintained, while minimizing adjacent lands under Council jurisdiction are environmental effects. The solutions may be to encourage and support modernization and more costly than older disposal practices, and increased commercial activity related to ship- may involve innovative technology. The Coun- ping and commercial fisheries. cil will also work in cooperation with the Cities of Providence and East Providence and 2. Highest priority uses of Type 6 waters the Corps of Engineers toward achieving the and adjacent lands under Council jurisdiction removal of dilapidated piers and abandoned are: (a) berthing, loading and unloading, and barges, which presently preclude economic servicing of commercial vessels: (b) construc- use of large areas within Providence Harbor. Quonset Point. North Kingstown. Photo by Robert zzo. 48 Section 210. and the gradual rise in sea level. Several Shoreline Features thousand years ago, during the last glacia- tion, Rhode Island's ocean shore was many miles seaward of its present position. Sea level has been rising at varying rates ever since. causing the shore to gradually retreat inland. The present rate of sea-level rise is 1. A great variety of geologic forms can be about one foot each century. A foot of vertical found where tidal waters meet the land. rise, however. accounts for an inland retreat Where a coast is exposed to the forces of the of some 30 feet along low-profile shores. open ocean, as along the South Shore, sea- cliffs and wide sandy beaches predominate. In erty owners is erosion and flooding. The sheltered waters, salt marshes and mud flats susceptibility of any length of shoreline to are common. The shoreline of Narragansett erosusceptibility of any length of shoreline to erosion is determined by the type of shoreline Bay is composed principally of narrow (see Table 3) and its exposure to storm surge beaches of gravel and cobbles that lead to a and waves during storms and hurricanes. frequently unvegetated bank of unconsoli- dated glacial sediments. Rhode Island's diver- low atmospheric ressure and the force of sity of shoreline types provides a wealth of visually distinct areas, each of which sup- high winds over a large expanse of open water ports different mixtures and intensities of causes sea level to rise dramatically along the coast, particularly at the head of funnel- use. This diversity must be recognized and coast, particularly at the head of funnel- maintained. The postwar decades have shaped embayments like Narragansett Bay. rouhmaintained. Tithe postwar decades have During the 1938 hurricane, the storm surge broughtan explosion in the developmentof forced water levels 12 feet above mean high formerly rural coastal lands, and by the early water at PintJudith anover 13 feet at water at Point Judith and over 13 feet at 1980s most of the waterfront property that Providence. Waves 10 feet high and more were could be readily developed had been subdi- vided. Nearly all the remaining available events are not rare: the state has been struck parcels are within existing developments orn the past 350 years X by 71 hurricanes in the past 350 years. 13 of they present natural constraints to the devel- which have caused severe flooding and ero- which have caused severe flooding and ero- oper. such as poorly draining soils or steep sion. In this century. the 1938 hurricane left slopes. Despite the recent surge of building 311 dead and nearly 2.000 houses destroyed, along the lower Bay and South Shore, the coastline has retained much of its beauty. destroyed 3 800 houses in 1954 The appearance of long stretches of the coast from the water and vantage points along the 4. In Rhode Island, most shoreline erosion shore provides a sense of natural beauty and takes place during severe storms, and the rate open land: structures are not overly obtrusive. of erosion is slow in intervening periods. This quality, however. could be lost over the Many of today's shorefront residents do not next few decades as the remaining farmland realize that the low rates of erosion of the and estates. now worth great sums, come on past three decades are not the norm and are the market and are sold off as house lots. unaware that major storms and hurricanes Another major concern for the Council is the occur periodically and radically reshape many cumulative impact of individually minor alter- stretches of coastline. Most privately built ations. particularly those brought about by shoreline protection structures are overbuilt residential development, on the qualities of for the low rates of erosion between storms the coastal environment. but along exposed shores will not withstand the next "big one." 2. All shoreline systems are dynamic. and change their shape and character in response 5. The federal government does not subsi- to storms, currents. human modifications, dize the building of shoreline protection 49 structures that will benefit only the individ- ual property owner. The federal flood insur- ance program. however, guarantees subsidized insurance for buildings that meet defined construction standards in flood hazard areas. This program has encouraged building on some highly hazardous barrier beaches. Passage of the 1982 Coastal Barrier Resources Act has removed insurance subsi- dies for development on portions of the several barriers (see Table 4) that have been classified, according to federal criteria, as undeveloped. Table 3. Shoreline Types and Their Susceptibility to Erosion (Adapted from Boothroyd and Al-Saud, 1978). (A. most susceptible: E. least susceptible) Example areas most susceptible Type Characteristics to erosion due to their exposure Beaches (A) unconsolidated sand. gravel. or cobbles: * Oakland Beach (Warwick) usually backed by a bank Barrier Beaches (A) unconsolidated sediments that form a · all South Shore barriers spit parallel to the mainland and · south side Conimicut Pt. (Warwick) separated from it by a marsh or pond: · Barrington Beach (Barrington) sand dunes are often present · Jenny Pond spit (Prudence Island) a Briggs Marsh barrier (Little Compton) Glacial Outwash Banks (B) sand and gravel deposited by rivers as * Buttonwoods (Warwick) glaciers melted 10,000 years ago · Occupessatuxet Neck (Warwick) * Coggeshall (Warren) * Island Park (Portsmouth) Glacial Till Banks (C) compacted clay, sand. gravel, and * northeast side of Pt. Judith (Narragansett) boulders that have not been sorted * Briggs Pt. (Little Compton) by river action Soft Bedrock (D} usually in the form of terraces or · east shore of the Bonnet (Narragansett) scalloped cliffs * east facing segment of the Newport Cliffs Hard Bedrock (El and hard bedrock is composed of granite and * least susceptible to erosion Discontinuous Bedrock metamorphic rocks: discontinuous bed- rock. either hard or soft: outcrops often extend out from the shore and help break up waves 50 210.1. difficult to establish the source of sediment Coastal Beaches and Dunes for an individual beach, but shoreline protec- tion facilities such as bulkheads, seawalls, groins, or jetties can alter significantly the A. Definitions volume supplied by suppressing the source or 1. Coastal beaches include; expanses of altering the flow of currents along the shore. unconsolidated, usually unvegetated sedi- Such structures can solve erosion problems at one site while increasing erosion rates on ments that are commonly subject to wave action. They generally parallel the coastal an adjoining property. Beaches commonly trend and extend from low water landward to alter their shape and size in response to seasonal weather patterns. During rough an upland rise, usually the foot of a dune, ea ther, wpatterns. During rougm t he beach and weather, waves wash sand from the beach and cliff, bank, or manmade structure. deposit it as sandbars close to shore. In calm 2. Dunes are hills, mounds, or ridges of periods, the sand washes back onto the beach sand formed by wind action, and usually to form a broad berm, which is usually follow the general coastal trend immediately present in summer months. Longshore cur- inland of a beach. Dunes which are undis- rents formed by waves striking the shore at turbed are usually vegetated with beach grass an angle cause sand to drift along an exposed and shrubs. shore. Solid structures that extend over all A construction line has been designated to beaches and into the water tend to interrupt protect dunes on three developed barrier the flow of sediments along a beach, causing beaches. These are defined as follows: deposition on one side of the structure and Misquamicut Beach (Westerly). West of util- erosion on the other. ity pole #165, the construction line links the 2. All beaches associated with barrier seaward wall of residential and commercial beaches along the cean shore and sever beaches along the ocean shore and several buildings existing as of June 1982: east of utility pole # 165 the construction line links tant recreational resources that are used by the landward walls of residential and com- tant recreational resoures that are used by mercial buildings existing as of June 1982 some 100,000 residents and tens of tho summer and landward of portions of dunes identified days. by the Council staff through a site inspection ys. Coast Guard Beach (New Shoreham). The construction line links the seaward wall of residences existing as of June 1982. Sand Hill Cove Beach (Narragansett). The construction line links the seaward wall of residences existing as of June 1982. In no case are construction lines, so defined, to be established seaward of the setback line, as described in Section 140. -- B. Findings 1. Beaches are dynamic. flexible features. The character of a beach is determined primarily, by the particle size of the sediment and by the amount of wave and current - action. Beaches are formed by sediments that, are carried by waves and currents from eroding headlands, the deposits of streams and rivers. and offshore bars. It is often A South County beach. Photo by Robert Izzo. 3. Dunes. like beaches, are dynamic fea- sett). Here building on dunes is only permit- tures. While beaches are shaped by the forces ted landward of the designated construction of waves, dunes are created and shaped line as defined above. primarily by the wind. As reservoirs of sand, 5. Vehicles are prohibited on dunes except dunes provide sediment to severely eroding on trails marked expressly for vehicular use. beaches and a flexible barrier that protects the lands and salt ponds behind them. The 6. Vehicular use of beaches where not height and stability of dunes are dependent otherwise prohibited or restricted by property largely on beach grass, which traps and owners or by private or public management anchors windblown sand. Although resistant programs is permitted only under the follow- to salt air and desiccation, beach grass is ing conditions: easily killed by trampling. When beach grass (a) Motorcycles, minibikes, snowmobiles. all- is destroyed. the sand is exposed to the wind terrain motorized cycles, and tricycles are and erodes rapidly: the dune then becomes prohibited except for authorized manage- more susceptible to overwash, and its effec- ment-related vehicles. tiveness as a buffer against storms is (b)A Coastal Resources Management Council reduced. annually renewable use permit is required for all vehicles. Such permits may be C. Policies obtained for a fee from the Division of 1. The Council's goals are (a) to preserve Enforcement of the Department of Environ- the qualities of, and public access to, those mental Management subject to the follow- beaches which are an important recreational ing requirements and conditions. In the resource (adjacent to Type 1 and 2 waters): event these requirements and conditions (b) to prevent activities that will significantly are not met, the use permit shall be subject disrupt longshore and/or onshore-offshore to revocation by the Council or its agents. beach processes, thereby creating an erosion (1) Vehicles shall have all documentation or flooding hazard: (c) to protect dunes from and registration necessary for operation on activities that have a potential to increase the public highways of this state. wind or wave erosion: and (d) to protect the (2) All permit applicants shall exhibit proof scenic value of both beaches and dunes. of current insurance coverage. (3) All persons operating said vehicles shall 2. Construction on beaches adjacent to have valid operator licenses. Type 1 and Type 2 waters and on undeveloped (4) Maximum speed on all beaches shall not dunes is prohibited except where the primary exceed 10 mph. Maximum speed on purpose of the project is beach or dune beaches shall not exceed'5 mph when restoration or nourishment. approaching pedestrians. 3. Construction on beaches adjacent to (5) Ruts or holes caused by vehicles shall be Type 3. 4. 5. and 6 waters may be permitted if filled and debris removed. (a) the construction is undertaken to accom- (6) Headlights shall be used by all vehicles modate a designated priority use for the while in motion between sunset and abutting water area: (b) the applicant has sunrise. examined all reasonable alternatives and the (7) Riding on or driving from any position Council has determined that the selected outside the vehicles Is prohibited. alternative is the most reasonable; and (c) (8) Vehicles are prohibited on swimming only the minimum alteration necessary to beaches during the period they are pro- support the designated priority use is made. tected by lifeguards and in operation. (9) Vehicles shall be at all times subject to 4. Developed dunes are limited to the areas town ordinances and all regulations re- of three developed barrier beaches: Misquami- stricting the use of private, state, or federal cut Beach (Westerly), Coast Guard Beach (New properties. Shoreham). and Sand Hill Cove (Narragan- 52 7. The Council requires, for the operator's (d) street legal tires (4-ply tread, 2-ply safety and benefit. that every vehicle operated sidewalls)-snow or mud tires are not on a beach carry the following equipment (in recommended: good working order): (e) spare tire: (a) shovel (heavy-duty or military entrenching (f) low-pressure tire gauge (0-20 lbs.); tool): (g) first aid kit (approved by Coast Guard): (b) tow rope or chain ( 15 feet, load strength of (h) fire extinguisher (approved by Coast Guard 1.800 lbs ..... chain size 5/16','"); ; ......or Interstate Commerce Commission): (c)jack and support stand (minimum 18" x (i) road flares and 18" x 5/8". plywood); (j) flashlight. Table 4. Undeveloped. Moderately Developed. and Developed Barrier Beaches. Undeveloped Moderately Developed Sandy Point Island. Westerlvl Napatree Beach. Westerly (easterly portion) Napatree Beach. Westerly' (west of Watch Hill Beach Club) Michel Pond Beach. Charlestown Maschaug Beach. Westerly' Garden Pond Beach. Charlestown Quonochontaug Beach. Westerly/Charlestown' (west of Narragansett Beach. Narragansett Breachway) Bonnet Shores Beach. Narragansett East Pond Beach. Charlestown Mackerel Cove Beach. Jamestown East Beach (Ninigret conservation area to Charlestown Hazards Beach. Newport Breachwayv)l Bailey's Beach. Newport Green Hill Beach. South KingstownW (central portion) First (Easton's) Beach. Newport (western portion) Moonstone Beach. South Kingstown Second Beach. Middletown Browning Beach. South Kingstown' Third Beach. Middletown Long Pond Beach. Little Compton' Fogland Point. Tiverton' Round Pond Beach. Little Compton' Tunipus Pond Beach. Little Compton Briggs Beach. Little Compton' Watch House Pond Beach. Little Compton' Ship Pond Cove. Little Compton Sakonnet Harbor Beach. Little Compton' (eastern portionl Round Meadow Pond. Little Compton Crescent Beach. New Shoreham Quicksand Pond Beach. Little Compton' High Hill Marsh Barrier. Little Compton' (eastern portion) Developed Sandy PointiWest Beach. New Shoreham' Atlantic Beach. Westerly Casey Point. No rt h Kingstown gQuonochontaug Beach. Charlestown (east of breachwavi Greene Point. North Kingstown' ;East Beach. Charlestown (west of Ninigret conservation Bissel Cove Barrier. North Kingstown area) Tibbit's Creek. North Kingstown Charlestown Beach. Charlestown Baker's Creek. Warwick Green Hill Beach. South Kingstown (westerly and easierlv Buttonwood Cove. Warwick portions only) Gaspee Point. Warwick C cGaspeeu Point. War-wick East Matunuck/Jerusalem Beach. South Kingstown and Conimicut Point. Warwick Narragansett Navattr Pointi Beach. Barrington Roger Wheeler Beach (Sand Hill Cove). Narragansett Mussachuk Creek. Barrington i First {Easton's) Beach. Middletown (easterly portioni Rumstick Point. Barrington Coast Guard Beach. New Shoreham Hog Island. Portsmouth 12 separate areas) High Hill Marsh Barrier. Tiverton (western portion) Musselbed Shoals. Portsmouth Nag Pond/Jenny Pond. Portsmouth' Gull Point. Portsmouth 'Denotes those barrier beaches or portions thereof where Sheep Pen Cove. Portsmouth M cCurrv Point, Portsmouth the Coastal Barrier Resources Act qf 1982 prohibits Sapowet Point. Tverton federal subsidies for most new development and federal Fox Hill Pond. Jamestown Fox Hill Pond. Jamesown ood insurance or all new deelopment. 53 210.2. Undeveloped barrier beaches are free of Barrier Beaches commercial/industrial buildings (excluding public utility lines), houses, surfaced roads, and structural shoreline protection facilities. A. Definition Many are owned and managed as conserva- tion areas. Moderately developed barrier Barrier beaches are narrow strips of land made of unconsolidated material, usually beaches are those that are free of houses, and commercial/industrial buildings (excluding extending parallel to the coast and separated coercialindustrial buildings (excluding from the mainland by a coastal pond. tidal public utility lines) that contain surfaced from the mainland by a coastal pond. In most cases roads public recreational structures, and/or water body, or coastal wetland. In most cases, structural shoreline protection facilities. barrier beaches contain dunes or dune fields. Developed barrier beaches contain houses The lateral limits of barrier beaches are defined by the area where unconsolidated and/or commercial/industrial structures; sand or cobble abut rock, glacial till, or other they may also contain surfaced roads and structural shoreline protection facilities. sediments unrelated to deposits made by the structural shoreline protection facilities. forces of the winn d and waves. The tate's Maps of designated barrier beaches are avail- able for inspection at the offices of the barrier beaches have been mapped and Coastal Resources Management Council. assigned by the Coastal Resources Manage- The barrier beaches or portions thereof ment Council to three categories, as listed in Table 4. designated by the federal government as Table 4. undeveloped pursuant to their criteria, under the Coastal Barrier Resources Act of 1982 (Public Law 97-348). are noted in Table 4. In these federally designated areas, flood insur- ance for most forms of construction is not available. B. Findings 1. Rhode Island's South Shore coastal ponds and a frequently low-lying mainland are protected from the forces of the open ocean by a chain of low, narrow barrier beaches. Their importance as buffers against storms, the continuing pressures to build AV. .-- .- '_ upon them, and a long history of disasters during hurricanes have made the regulation - of activities on barrier beaches a primary concern of the Coastal Resources Manage- 9-&-- ment Council. Several barriers that were _-t ; --,--. swept clean of all houses in 1938 and 1954 - _ ' are again developed, and pedestrian and vehicular traffic has halted the recovery of dunes on many barriers classified as conser- vation areas. 2. The flexibility of barrier beaches permits them to withstand the severe forces of ero- sion to which they are exposed. All ocean- fronting barriers are migrating inland in Green Hill barrier beach. Photo by Robert Izzo. response to those natural erosion forces and 54 to sea-level rise. The migration process takes tional structures, and shoreline protection the form-of "rolling over," whereby sand is facilities may be maintained. eroded from the ocean beach and washed over 4. Construction is prohibited on undevel- the barrier into the pond behind. The peat o p ed barriers except where the primary pu- oped barriers except where the primary pur- sometimes seen along the ocean shore of pose of the project is restoration or barrier beaches is evidence of the past exis- improvement of the feature as a conservation tence of a marsh that once flourished behind area or storm buffer. an older, more seaward barrier. This same flexibility makes barrier beaches particularly 5. It is the Council's policy to assure that all ill-suited to human occupation. Not only can construction permitted on developed barrier buildings weaken the dunes but during major beaches is undertaken to provide for the hurricanes debris from shattered structures greatest physical security of the inhabitants is swept inland, causing additional destruc- of the barrier and adjoining mainland and to tion on low-lying mainland areas, endanger- maintain, to as great an extent as possible. ing more lives, increasing property damage, the qualities of the adjacent coastal ponds and complicating cleanup efforts. Sixty-five and wetlands. (See detailed regulations on percent of Rhode Island's 27.3 miles of developed dunes, undeveloped dunes, beaches, ocean-fronting barrier beaches is undevel- and flood hazard areas in Section 300.3.) The oped. The recreational opportunities and construction of new buildings is prohibited uniquely beautiful open space they provide on developed barriers on which only roads, are of growing importance in an increasingly utility lines, and other forms of public infras- developed region. tructure were present as of 1975. 3. Within Narragansett Bay there are sev- 6. With the exception of boardwalks and eral small barrier beaches that are also highly snow fencing utilized to trap sand, all resi- susceptible to damage during major storms. dential and non-water-dependent recrea- With few exceptions, these barriers have not tional, commercial, and industrial structures been developed and provide locally important on dunes destroyed 50 percent or more by natural areas of great beauty and often storm-induced flooding, wave or wind damage considerable recreational value. may not be reconstructed regardless of the insurance coverage carried. C. Policies 7. Persons utilizing undeveloped beaches are required to observe the following rules: 1. On barrier beaches classified as unde- (a) Destruction or removal of signs. snow veloped in Table 4. the Council's goal is to (a) Destruction or removal of signs, snow preserve. protect, and, where possible, restore fencing, or other sand-stabilizing devices; these features as conservation areas and as buffers that protect salt ponds and theX self-contained toilet; and open fires are all mainland from storms and hurricanes. prohibited. (b) Vehicles are permitted only on marked 2. On barrier beaches classified as devel- roads or trails and on the beach. Vehicles oped in Table 4. the Council's goal is to that drive on the beach and designated ensure that the risks of storm damage and unstabilized trails on undeveloped barriers erosion for the people inhabiting these fea- shall abide by Policies 4. 5, and 6 in Section tures are minimized, that activities that may 210.1. reduce the effectiveness of the barrier as a (c) Persons shall be at all times subject to storm buffer are avoided, and that associated applicable town ordinances and regulations wetlands and ponds are protected. restricting the use of private. state, or 3. On barrier beaches classified as moder- federal properties. ately developed in Table 4, existing roads, bridges. public utility lines. public recrea- 55 210.3. and the pressures to fill coastal wetlands Coastal Wetlands continue. Downtown Providence, much of Quonset, and many other low-lying coastal communities are built on what was once A. Definition coastal wetland. We do not know how much coastal wetland has been destroyed by devel- Coastal wetlands include salt marshes and opment but some 10 percent of our coastal freshwater or brackish wetlands contiguous wetlands of 40 acres or more is reported to to salt marshes. Areas of open water within have been filled between 1955 and 1964. coastal wetlands are considered a part of the Since coastal wetlands are found in sheltered wetlands are found in sheltered waters, they frequently coincide with attrac- Salt marshes are areas regularly inundated tive sites for marinas and waterfront homes. by salt water through either natural or The pressures to fill or otherwise alter coastal artificial water courses and where one or wetlands therefore remain. According to a more of the following species predominate: 1975 survey, there are some 3,700 acres of smooth cordgrass (Spartlna alterniflora), salt salt marsh in the state, of which some 10 meadow grass (Spartina patens), spike grass percent were fringe marshes less than five (Disticlhlis spicata), black rush (Juncus ge- yards wide. Approximately 90 percent of the rardi), saltworts (Salicornia spp.), sea lavender (Limonium carolinianum), salt- marsh bulrush (Scirpus spp.), high tide bush waters. (Ivafrutescens). 3. Most of Rhode Island's wetlands are Contiguous and associated freshwater or small and, when viewed in isolation, may brackish marshes are those where one or appear to be of insignificant value. In order to more of the following species predominate: better understand the value of individual salt tall reed (Phragmites communis). tall cord- marshes, the Council has sponsored research grass (Spartina pectinata), broadleaf cattail to investigate the feasibility of rating the (Typha latifolla). narrowleaf cattail (Typha relative value of individual coastal wetlands. angustlfolia), spike rush (Eleochartis rostel- Two years of research revealed that it is not lata), chairmaker's rush (Scirpus amert- possible to rate coastal wetlands if all ecologi- cana), creeping bentgrass (Agrostis cal considerations are given equal weight. The palustris). sweet grass (Hierochloe odorata), study also showed that there is little if any wild rye (Elymus virginicus). correlation between the perceived scenic coastal wetland and its ecological characteristics. B. Findings 4. Land uses and activities abutting coastal 1. Coastal wetlands are important for a wetlands may have a strong impact upon the variety of reasons. They provide food and wetland itself. Nearby drainage patterns shelter for large populations of juvenile fish which affect sedimentation proesses and the which affect sedimentation processes and the and are nurseries for several species of fish. salinity of waters may easily be altered, with The mud flats and creeks associated with detrimental effects. Wildlife must be protected many coastal wetlands are rich in shellfish. from harassment. Bulkheading and filling particularly soft-shelled clams. Coastal along the inland perimeter of a marsh pre- wetlands also provide important habitat for vents inland migration of wetland vegetation shorebirds and waterfowl, and many are as sea level rises. among the most scenic features of the Rhode Island shore. Coastal wetlands are effective in slowing erosion along protected shores. C. Policies 2. Much of the original acreage of coastal 1. The Council's goal is to preserve and, wetlands in Rhode Island has been destroyed, where possible. restore coastal wetlands. 56 2. To offset past losses in coastal wetlands only the minimum alteration necessary to and unavoidable alterations to surviving support the priority use is made. coastal wetlands: (a) disturbed wetlands 7. The Council encourages efforts to create should be restored as directed by the Council The Council encourages efforts to create new coastal wetlands from dredged material or enhanced when possible, and (b) in areas in a manner and in locations determined as selected on the basis of competent ecological suitale on the basis of competent study. The study. the Council will encourage the building C ou n cil may require per sons who alter salt Council may require persons who alter salt of new wetlands. marshes with a Council Assent to build a 3. All alterations to salt marshes and replacement salt marsh of similar size. contiguous freshwater or brackish marshes abutting Type 1 waters are prohibited except for minimal alterations required by the con- struction or repair of an approved structural shoreline protection facility (see Section 300.7). In Type 1 waters, structural shoreline protection may be permitted only when the primary purpose is to enhance the site as a conservation area and/or a natural buffer against storms. 4. Alterations to salt marshes and contigu- ous freshwater or brackish marshes abutting Type 2 waters are prohibited except for minor disturbances associated with (a) residential docks and walkways approved pursuant to the standards set forth in Section 300.3, and (b) approved construction or repair of struc- tural shoreline protection facilities. 5. Salt marshes designated for preservation adjacent to Type 3. 4. 5, and 6 waters are identified on maps available for inspection at the Council's offices and at the town halls of coastal cities and towns. In these designated wetlands only the alterations described in #4 above may be permitted. Dredging and filling in these designated coastal wetlands are prohibited. The maps of designated coastal wetlands serve to identify individual wetlands: in all cases precise boundaries shall be determined through a field inspection when proposals that could impact these features are being considered. 6. Salt marshes adjacent to Type 3, 4. 5, and 6 waters that are not designated for preserva-; tion may be altered if (a) the alteration is made to accommodate a designated priority use for that water area. (b) the applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable. and (c)l Card Ponds. South Kingstown. Photo by Robert Izzo. 57 210.4. to their inaccessibility to man and other Coastal Cliffs, Bluffs, and Banks predators, some cliffs and bluffs provide important nesting sites for several species of birds. A. Definition Coastal cliffs, bluffs, and banks are the C. Policies seaward face of any elevated landform directly 1. The Council's goals are to (a) protect abutting coastal waters, a beach, coastal abutting coastal waters, a beach, coastal coastal cliffs, bluffs, and banks from activities wetland, or rocky shore. and alterations that may damage the value of these features as sources of sediment to B. Findings beaches and as a buffer against storm waves and flooding; (b) prevent any construction in 1. Coastal cliffs, bluffs, and banks include a contiguous areas that may weaken the fea- wide varietyofr ranging from lowcontiguous areas that may weaken the fea- wide variety of landforms ranging from low ture and has the potential of creating a scarps of easily erodible glacial till to the hazard: and c) preserve the scenating a dramatic rocky shores of Newport and Narra- hazard: and (c) pres of thee features. gansett. They are among our most scenic coastal features and are the sites for popular 2. Due to their well-recognized scenic value scenic overlooks. More than 300,000 visit and their use as tourist attractions and Newport's Cliff Walk each year. low-intensity recreation areas, the Council designates the following coastal cliffs, bluffs. 2. Exposed banks of unconsolidated mate- and banks as Coastal Natural Areas Bonnet rial, such as those along the Matunuck shore Point, Hazard Rocks, Fort WetherillA Ocean in South Kingstown. have been known to Drive, the Brenton Cove Cliffs, Cliff Walk, recede by as much as 30 feet in a single Purgatory Sakonnet Point, and Mohe- severe hurricane. Portions of the Mohegan v Bluffsevere hurricane. Portions of the Mohegan gan Bluffs. A Council priority when consider- Bluffs on Block Island have eroded similar ing proposed alterations on or adjacent to distances in less severe storms. Human activi- these features is the prservd alterations on or adjacent to ties can greatly increase the susceptibility of these features is the restoration of their scenic bluffs and banks to erosion. Structures close possible. the restoration of their scenic to the face of a bank or bluff can make the feature unstable, and concentrated runoff and 3. On shorelines adjacent to Type 1 and 2 devegetation can cause a marked acceleration waters, the Council shall prohibit construc- of erosion. Factors that affect the ability of a tion on or alteration of coastal cliffs, bluffs, cliff or bluff to withstand erosion include its and banks and contiguous areas where such composition (rock or soil type). slope, stratig- construction or alteration has a reasonable raphy. height. exposure, vegetative cover, and probability of causing or accelerating erosion the amount of human disturbance to which it or degrading a generally recognized scenic is subjected. Since bluffs are composed of vista. The Council shall require suitable unconsolidated sediments, primarily glacial unaltered buffer zones on cliffs, bluffs, or tills. they are more susceptible to erosion banks where erosion or substrate stability than cliffs. can be affected by facility construction or use. In determining whether a reasonable proba- 3. Erofdieng bluffs and banks can be impor- bility exists that increased erosion or loss of tant sources of sediment to nearby beaches. scenic values will result from the proposed The bluffs of Watch Hill in Westerly, for scenic values will result from the proposed The bluffs of Watch Hill in Westerly, for construction or alteration, the Council shall example. are probably an important source of consider the following: sand to the South Shore barrier beaches. Extensive bulkheading of this shore may have (a) the exposure of the feature to the erosional a detrimental effect on these apparently forces of tidal currents, storm waves and distant and unconnected beaches. Due largely flooding, wind and surface runoff. and other such natural processes; 58 (b) the composition of the feature involved as mits for erosion-control measures, the Coun- well as its slope, stratigraphy, height, expo- cil shall weigh the impact of the proposed sure, and vegetative cover; structure on the supply of sediments to (c) existing types and levels of use and nearby beaches. Where the Council finds that alteration; a substantial reduction or elimination of (d) competent geological evidence to evaluate sediment is likely to result. and that natural whether natural erosion of the feature in erosional processes affecting the nearby question is a significant source of sedi- beach will thereby be accelerated, it shall ments to nearby beaches and whether the deny its Assent. proposed construction or alteration will substantially reduce that source a onf sedi- 5. Construction or alterations to coastal cliffs, bluffs, and banks contiguous to Type 3. ment: and me inclusion of the feature on: an accepted 4, 5, and 6 waters may be permitted if (a) the construction is undertaken to accommodate a inventory of significant scenic or natural inventory of significant scenic or natural designated priority use for the abutting water areas or evidence of public use and enjoy- area, (b) the applicant has examined all ment as a scenic or natural area. reasonable alternatives and the Council has 4. The Council shall encourage the use of determined that the selected alternative is the non-structural methods to correct erosion most reasonable, and (c) only the minimum problems associated with coastal cliffs, banks, alteration necessary to support the desig- and bluffs adjacent to Type 1 and Type 2 nated priority use is made. waters. In considering applications for per- -· ' . Mohegan Bluffs. Block Island. 210.. 5 alteration has a reasonable probability of Rocky Shores causing or accelerating erosion or degrading a generally recognized scenic vista. In determining whether a reasonable proba- A. Definition bility exists that increased erosion or loss of Rocky shores include naturally occurring scenic value will result from the proposed shorelines composed of bedrock ledge or construction or alteration, the Council shall boulder-strewn areas, extending from below consider the following: (a) the exposure of the feature to the erosional forces of tidal cur- mark. These areas frequently contain tide surface runoff, and other such natural pro- cesses: (b) the composition of the feature involved and any significant plant or animal B. Findings communities present: (c) existing types and 1. Rocky shores play an important role in levels of use and alteration: and (d) inclusion storm damage prevention and provide habitat of the feature on an accepted inventory of to specially adapted assemblages of orga- significant scenic or natural areas or evi- nisms. Gently sloping terraces of bedrock and dence of general public use and enjoyment as boulders dissipate wave energy and are effec- a scenic or natural area. tive buffers that protect-the mainland from 4. The construction or alterations to rocky storm damage. Rocky shores harbor a diver- shores adjacent to Type 3, 4. 5. and 6 waters sity of specially adapted plants and animals may be permitted if (a) the construction is that can withstand both wave action and undertaken to accommodate a designated occasional desiccation. Tide pools are particu- priority use for the abutting water area. (b) larly beautiful features that should be the applicant has examined all reasonable protected. alternatives and the Council has determined 2. Many rocky shores, especially in the that the selected alternative is the most lower Bay, are well recognized for their scenic reasonable. and (c) only the minimum altera- value. Beavertail Point in Jamestown and tion necessary to support the designated sections of Ocean Drive in Newport are priority use is made. notable examples. Rocky shores are often important tourist attractions, and are used for surf casting and skin diving by increasing numbers of people. C. Policies 1. The Council's goal is to preserve and protect these features for their role in erosion prevention, for the unique assemblages of organisms that they may support, and for - their recreation and scenic value. . 2. The alteration of rocky shores abutting Type 1 water areas. excepting approved pro- jects for shoreline protection, is prohibited. 3. On shorelines adjacent to Type 1 and 2 -' , waters, the Council shall prohibit construc- tion on or alteration of rocky shores and contiguous areas where such construction or Conanicut Island. Photo by Robert Izzo. 60 210.6. 2. Manmade; shorelines usually have a Manmade Shorelines major impact on the appearance of the shore, interfere with public access to and along the coast, and may alter erosion-accretion pro- A. Definition cesses on neighboring beaches. Manmade shorelines are those character- ized by concentrations of shoreline protection C. Policies structures and other alterations, to the extent that natural shoreline features are no longer t. The Council's goals are to encourage dominant. They most commonly abut Type 31 the maintenance of structures that effectively 5 and 6 waters. The presence of isolated mitigate erosion and/or sustain' landforms 5, and 6 waters. The presence of isolated seawalls. bulkheads, and similar structures adjacent to the wateris along the shorevent the accumulation of debris along the shore where does not constitute a manmade shoreline, as such structures are ineffective or no longer in the term is used in this Program. active use.: B. Findings 2. The Council encourages proper mainte- Fi ndingsnance of existing shoreline protection struc- 1. A 1978 survey of the Narragansett Bay tures (see Section 300.7). shoreline revealed that along 25 percent of 3. The Council shall endeavor to determine thea shore natural features have been the ownership of abandoned and deteriorat- sheathed by manmade structures. Many of ing shoreline protection structures and shall these have been built since the 1954 hurri- encourage the owners of such structures to cane as attempts at erosion prevention,"il may restore or remove them. The Council may undertaken at great cost by private property order restoration or removal where it finds order restoration or removal where it finds owners. Many will not survive a major hurri- that the structure poses a hazard to naviga- cane that strikes the coast from the south. tion, interferes with the public's right of Many structures are overbuilt for the control the of minor erosionbeten major stos. access to and along the shore, causes flooding of minor erosion between major storms. or wave damage to abutting properties, or degrades the scenic qualities of the area. Greenwich Bay. Warwick. Photo by Jon Boothroyd. t 5 : :- 0 0 . X : 0 f : n l: -- Section 220. B. Findings Areas of Historic and 1. The Rhode Island coastal region has a Archaeological rich and long history, and possesses many well-preserved examples of prehistoric and Significance historic sites. The coastal zone contains an abundant and diverse number of native Amer- ican Indian settlements, some dating back at least 3,000 years. The bulk of the information A. Definition still to be obtained concerning Rhode Island's prehistory is associated with sites in the Historic and archaeological resources coastal zone. The Historical Preservation include districts, sites, buildings, structures, Commission has developed a predictive model objects, and landscapes included in or eligible that identifies those coastal sites where for inclusion in the state and national regis- ters of historic places, or areas designated as likely to be present. historically or archaeologically sensitive according to the predictive model developed 2. Beginning with the first Europeans by the Rhode Island Historical Preservation under Giovanni da Verrazano, who visited the Commission. site of Newport in the early 1500s, the coastal Wickford historic district. Photo by Robert Izzo. 62 zone has been the location of important those qualities of the property which make it historic and architectural development. The eligible for the National Register of Historic Rhode Island coastal region is nationally Places. The Council shall solicit the recom- recognized for its outstanding historic archi- mendations of the Historical Preservation tecture. and the majority of all the sites and Commission regarding impacts on such districts currently on the state and national properties. registers of historic places are located in the coasta zoe. . n h c ad 4. Prior to permitting actions subject to its coastal zone. Significant historic and jurisdiction on or adjacent to properties archaeological sites are extremely valuableon t educatina, economic. and recrea- eligible for inclusion (but not actually listed cultural, educational, economic. and recrea- in the National Register of Historic Places), tional resources to the state's citizens and visitors a and/or areas designated as historically or archaeologically sensitive by the Historical essential character of the coastal zone. His- Preservation Commission as the result of toric properties are a key element in defining their predictive model, the Council shall the state's quality of life, and hence its solicit the recommendations of the Commis- attractiveness to a growing tourist industry and as a location for new investment. Historic these properties. The Council mav. based on sites and districts provide access to and enjoyment of scenic coastal areas, both in the Commission s recommendations and terms- o f ' thesiest n heother evidence before it, including other terms of the sites themselves and in the priority uses of this Program. require modifi- traditional land-use patterns which define cation of or may prohibit the proposed action many scenic qualities in the coastal zone.here such adverse impacts where such adverse impacts are likely. 3. Historic and archaeological resources in the coastal zone are under great pressure from a variety of forces which threaten their outright destruction or the degradation of their historic qualities and setting. Unsympa- thetic new development. erosion, artifact col- lectors. and rising sea levels are major factors in reducing the number and quality of these irreplaceable resources. C. Policies 1. The Council's goal is to. where possible, preserve and protect significant historic and: archaeological properties in the coastal zone. 2. Preservation of significant historic and archaeological properties is a high priority use of the coastal region. Activities which damage or destroy important properties shall be considered a low priority. 3. The Council shall require modification of. or shall prohibit proposed actions subject to. its jurisdiction where it finds a reasonable probability of adverse impacts on properties listed in the National Register of Historic Places. Adverse impacts are those which can reasonably be expected to diminish or destroy 63 Part Three. AACtIVities Under C,,ouncil 0 65 Section 300. Additional requirements are listed for specifi c In Tidal and Coastal Category B activities and alterations in the In Tidal and Coastal sections that follow. Pond Waters, on Shore- line Features and Their Contiguous Areas 300.2. Filling, Removing, or Grading of Shoreline Features 300.1. A. Definitions Category B Requirements 1. Filling is the deposition of materials of upland origin onto shoreline features or their All persons applying for a Category B Assent contiguous areas (see Section 300.9 for on- (see Table 1) are required to: land disposal of dredged materials). (1) describe the need for the proposed 2. Removing is the process of taking away. activity or alteration. including excavation. blasting, or mining, any (2) demonstrate that all applicable local portion of a shoreline or its contiguous area. hzann rdistndances, andilldingt codes, flood 3. Grading is the process whereby fill or the hazad stndads, nd ll sfetycods,, iresoils of a shoreline or its contiguous area are codes, and environmental requirements have redistributed or leveled. or will be met: Established agricultural practices in areas (3) describe the boundaries of the coastal contiguous to shoreline features are excluded waters and land area that are anticipated to from this section. be affected: Filling, removing, or grading activities shall (4) describe potential impacts on erosion be reviewed at the Category B level when (a) and deposition processes along the shore and the filling or removing involves more than (5ecibe poetidal wmactes:o h bn 2,000 cubic yards of material. (b the affected dacean diesrsityeo potentiand aimpactlo life:a un area is greater than one acre, or (c) the danc anddivrsit ofplan andanial lfe;affected area is a designated historic area or (6) describe potential impacts on public archaeologically sensitive site. access to tidal waters and/or the shore: (7) describe potential impacts on water circulation, flushing, turbidity, and B. Prohibitions sedimentation: 1. Filling, removing. or grading is prohi- )8) demonstrate that there will be no bited on beaches. dunes, undeveloped barrier significant deterioration in the quality of the beaches, coastal wetlands, cliffs and banks. water in the immediate vicinity as defined by and rocky shores adjacent to Type I and 2 D EM:- waters unless the primary purpose of the (9) describe potential impacts to areas of alteration is to preserve or enhance the historic and archaeological significance: feature as a conservation area or buffer (10) describe potential conflicts with water- aaitsor. dependent uses and activities such as recrea- a gaistrs tional boating. fishing. swimming, navigation, 2. Filling, removing. or grading on coastal and commerce: and wetlands is prohibited adjacent to Type Iland (I11) describe measures taken to minimize 2 waters. and in coastal wetlands designated any adverse scenic impacts (see Section 330). for preservation adjacent to Type 3. 4. 5. and Each topic shall be addressed in writing. 6 waters. unless a consequence of an 66 approved mosquito-control ditching project planting. time of planting, soil amend- (Section 300.12). ments, and maintenance. (3) Construction materials and excavated 3. On-site beach materials (cobbles. sand. soils shall not be placed or stored on any etc.) may not be used as construction material. -shoreline feature excepting developed bar- rier beaches and manmade shorelines. 4. Mining is prohibited on coastal features. (4) All disturbed soils shall be graded smooth to a 3:1 to 4:1 slope and revegetated C. Standards immediately after construction, or tempo- rarily stabilized with mulch, jute matting. 1. The following standards apply in all cases or similar means until seasonal conditions where filling, removal, or grading is. permit such revegetation. undertaken: (5) In sensitive areas. work shall be carried (a] Fill slopes shall have a maximum grade of out from areas above slope from coastal 30 percent. features. Machinery shall normally not be (b) All excess excavated materials, excess fill, allowed to operate on a coastal wetland. For excess construction materials, and debris unavoidable work on a coastal wetland. a shall be removed from the site and shall not protective cover shall be deployed to mini- be disposed in tidal waters or on a coastal mize disturbance. feature. (6) In instances where the CRMC permits (c) Disturbed uplands adjacent to a construc- temporary disturbance of a coastal feature. tion site shall be graded and revegetated or shoreline slope, buffer zone. or area of otherwise stabilized to prevent erosion dur- beach grass, the disturbed area shall be ing or immediately after construction. completely restored by the owner under the (d) Removal or placement of sediments along guidance of CRMC staff. jetties or groins may be permitted only as (7) Concrete structures which will come in part of an approved dredging or beach contact with salt water shall be constructed nourishment project (seei Section 300.9). with concrete which utilizes a Type II or (e All fill shall be clean and free of materials Type V air-entraining Portland cement or which may cause pollution of tidal waters. an equivalent that is resistant to sulfate (f) Cutting into rather than filling out over a attacks of seawater. coastal bank is the preferred method of (b) For upland earthwork, measures shall be changing upland slopes. taken to minimize erosion: 2. The following upland and shoreline (1) A line of staked hay bales or other earthwork standards shall be required in erosion-preventing devices (including di- those cases where the Council determines version ditches, check dams, holding ponds. that additional measures are warranted in filter barrier fabric, jute or straw mulch) order to protect the environment of the shall be placed at the downslope perimeter coastal region. Such requirements shall be of the proposed area of construction prior listed on Assents as stipulations. to any grading, filling, construction, or other earthwork. Hay bales shall be toed in (a) For earthwork on shoreline features: to a depth of 3 to 4 inches. and maintained (1) Prior to initiation of construction. the by replacing bales where necessary until contractor shall meet on-site with the permanent revegetation of the site is com- CRMC staff to discuss and clarify the pleted. No soils or other materials should conditions of the permit. pass beyond the bale line. (2) A revegetation plan shall be submitted (2) All slopes shall be returned to the for review and approval when construction original grade unless otherwise specified. is undertaken on a barrier beach. This plan (3) Where natural or manmade slopes are or shall describe plant material, methods of have become susceptible to erosion. the f : 4 ; 6 slopes shall be graded to a suitable slope (4) Pedestrian access over steep shoreline and revegetated with a thick rooting brush slopes and banks shall be in the form of vegetation. Mulch shall be applied as neces- field stone or similar stabilized paths or sary to provide protection against erosion elevated stairs. Access over bluffs shall be until the vegetation is established. with elevated stairs only. (4) Construction shall be timed to accom- modate stream and/or runoff flow and not allow flows over exposed, unstabilized soils, 300.3. or into or through the excavation. Flows shall not be restricted in such a manner Residential, Commercial, that flooding or inhibition of normal flush- Industrial, and Public Recrea- ing occurs. tional Structures (5) Any pumping of groundwater which may be necessary for dewatering shall be discharged into sediment traps consisting A. Definitions of a minimum of staked hay bale rings 1. Residential buildings include houses. enclosing crushed stone or trap rock of a cabanas, and other structures used primarily size sufficient to disperse inflow velocity. for human habitation which are built on a Hay bales shall be recessed 4 to 6 inches shoreline feature or its contiguous area. into the soil and maintained.: (6) There shall be no discharge of sediment- 2. Associated residential structures include laden waters into storm drains. Storm decks, porches. walls, boardwalks. swimming drains shall be surrounded by staked hay pools. roads, driveways, parking lots, and bales to intercept sediment. other structures integral to or ancillary to a (c) For any disturbance of steep slopes (over 15 residential building. percent): 3. Commercial and industrial structures (1) Where such construction is allowed, the and operations on a shoreline feature. its following shall be observed: (1) no fill shall contiguous area. or within tidal waters be allowed on the slope: (2) excavation shall include all buildings and alterations to such be kept to an absolute minimum: and (3) features related to the manufacturing and vegetative cover on the slope shall be interchange of goods or commodities, or any permanently maintained to the maximum other business activity. extent physically possible. 4. Public recreational structures include (2) Where the potential for damage to a cabanas, pavilions, decks, and other struc- slope exists from runoff. staked hay bales, tures constructed for public recreational pur- berms. or similar diversions shall be placed poses on a shoreline feature- its contiguous at the top and toe of the slope. Collected areas or in tidal waters. water shall be suitably discharged through properly constructed drains or swales. Wherever possible, drainage swales shall be B. Prerequisites constructed along and adjacent to property 1. Applicants for residential structures lines so as to avoid drainage onto adjacent shall obtain, as necessary. a local building properties. Swales shall be capable of han- permit or a letter from the building inspector dling runoff from a 10-year-rainfall stating that all local requirements will be met occurrence. occurrence. ;and a permit will be issued. (3) For excavations on slopes or directly adjacent to coastal features, the excavated 2. Applicants proposing to build an individ- material shall be cast upslope of the trench ual sewage disposal system (ISDS) shall or excavation so as to minimize downslope obtain a permit from the Department of runoff of sediment. Environmental Management. 68 3. Applicants for industrial, commercial. 2. Residential. commercial, industrial, and and public recreational structures shall dem- public recreational buildings: onstrate that all applicable local zoning ordi- (a) Excavation and grading shall be restricted nances. building codes. flood hazard to those activities and areas necessary for standards'. as contained in the Rhode Island the construction of the building and/or State Building Code, and all state safety appurtenant structures (see Section 300.1). codes, fire codes, and environmental require- (b) In order to.reduce the inflow of pollutants ments have been met. carried by surface runoff. permeable sur- 4. Applicants shall demonstrate that con- faces (crushed stone, crushed shells. gravel. nections to public water supply and sewer etc.) for driveways and parking areas shall systems shall be provided where on-site water be utilized when feasible and especially on withdrawal and/or sewage disposal will have shoreline features and their contiguous a significant environmental or public health areas adjacent to Type 1 and 2 waters. impact. 0 (c) Persons proposing to add to. or make interior modifications to, existing residen- 5. Applicants for commercial. industrial, tial structures that result in additional and public recreational structures shall dem- bedrooms shall obtain written approval onstrate that adequate transportation and from the ISDS section of the Department of utility services to support the proposed opera- Environmental Management certifying that tions and related activities are available. the existing ISDS is capable of treating sewage effluents adequately. C. Prohibitions 3. Construction in wave velocity (V) zones. as defined by federal flood insurance rate 1. Industrial operations and structures are maps prohibited in Type 1 and 2 waters or on shoreline features abutting these waters. improveme(a) All new constructied on adntial improvements shall be elevated on ade- 2. The mining and extraction of minerals. quately anchored pilings or columns, and including sand and gravel. from tidal waters securely anchored to such piles or columns and salt ponds is prohibited. This prohibition so that the lowest portion of the structural does not apply to dredging for navigation members of the lowest floor (excluding the purposes. channel maintenance. habitat re- pilings or columns) are elevated above the storation. or beach replenishment. wave crest level. Unless otherwise specified 3. Solid waste disposal and minerals extrac- on the flood insurance rate maps. the wave tion is prohibited on shoreline features and crest level shall be 6 feet above the desig- their contiguous areas. nated base flood level. (b) If timber pilings are used, they shall meet 4. The use of fill for structural support of the American Society for Testing and Mate- buildings in flood hazard V zones is rials (ASTM) standards for Class B piles prohibited. and shall have a minimum tip diameter of 8 inches. Wooden pilings shall be treated with a wood preservative. Bracing between D. Standards piles is required. 1. General: (c) Pilings in ocean fronting areas shall pene- trate no less than 10 feet below mean sea (a) See standards given in 'Filling. Removing, level. or Grading of Shoreline Features" (Section 300or Grading of Shoreapp line ate" (Secion (d) Floor joists shall be secured with hurricane See300.2). ands given applicable. Treatmentclips where each joist encounters a floor (b) See standards given in "Sewage Treatment beam. These metal fasteners or straps shall * and Disposal" (Section 300.6). as be nailed on the joist as well as on the applicable. beam. 69 (e) To secure the exterior wall to the floor base flood level the structure is watertight. joists. galvanized metal strap connections with walls substantially impermeable to the shall be used connecting the exterior wall passage of water and with structural com- studs to the joists. ponents having the capability of resisting (fi Roof trusses or rafters shall be placed 16 to hydrostatic and hydrodynamic loads and 24 inches on center and, as required by the effects of buoyancy. A registered profes- Rhode Island Building Code, shall be con- sional engineer or architect shall certify nected to the exterior wall with galvanized that these standards will be met. metal straps. (g) As required by the Rhode Island Building Code. all windows shall meet manufactur- ers' standards for wind loads of 110 mph. 300.4. (h)As required by the Rhode Island Building Recreational Boating Facilities Code, the space below the lowest floor and between pilings shall be kept free of obstruction, or they shall be enclosed with A. Definitions "breakaway walls" designed to collapse Recreational boating facilities include mari- under stress so that the impact on the nas, launching ramps. residential boating structural integrity of the dwelling by facilities, recreational wharves, piers and abnormally high tides or wind-driven water slips, floats or floating docks, and recrea- is minimized. Such temporarily enclosed tional mooring areas. spaces shall not be used for human habita- tion, or for the enclosure of any utility or 1. Marina: any dock, pier, wharf, float, item essential to the structure, unless such floating business, or combination of such items are floodproofed. facilities that service five or more recreational (i) All plans submitted to the CRMC for boats as a commercial enterprise or in asso- buildings proposed for V zones shall be ciation with a club. stamped by a registered professional engi- 2. Launching ramp: a manmade or natural neer or architect. facility used for the launching and retrieval of 4. Construction in coastal stillwater flood boats. (A) zones: 3. Residential boating facility: a dock. pier. (a) Lowest floor elevation including basements wharf. or float, or combination of such facili- of new or substantially improved residen- ties, contiguous to a private residence that tial buildings in A zones shall be elevated may accommodate up to four boats. to the 100-year level as established on flood 4. Recreational mooring area: any desig- insurance rate maps. nated water area managed by a commercial (b) Parallel concrete walls or pilings rather enterprise, a club, city. or town where five or than fill shall be used to elevate habitable more recreational craft are kept at moorings. residential structures when the difference between the original ground elevation and the flood elevation is more than 50 percent B. Policies of the flood elevation. 1. The Council encourages marinas to (c) Standards (d). (e). (fM. and (g) for residential utilize techniques that make the most effi- building in V zones apply. cient use of space and increased demands for (d) New construction or substantial improve- moorage. dockage. and storage space by con- ment of any structure shall either have the sidering dry stack storage, innovative slip and lowest floor, including basement. elevated mooring configurations, and the like. to the level of the base flood elevation or. together with attendant utility and sanitary 2. In order to limit the cumulative impacts facilities. be floodproofed so that below the of many individual residential boating facili- 70 ties. the Council encourages the construction E. Standards of facilities that service a number of users. 1. For marinas: 3. The Council recognizes that the United (a) Sufficient sanitary facilities shall be pro- States Coast Guard has primary authority vided to service the patrons of the marina. over navigational aids and marine boating 0 (b) Sufficient parking shall be provided for the safety. and that these responsibilities are patrons of the marina. A standard of 300 complemented by the Department of Environ- square feet is required for each parking mental Management. local harbormasters, space: the minimum requirements for the and public boating service organizations such total number of parking spaces provided is as the Coast Guard Auxiliary. one space for each 1.5 boats and one space 4. The Council requires municipalities pre- for each 1.2 employees. paring to implement harbor management (c) Discharge of sanitary wastes to tidal waters programs and/or regulations relating to activ- from boats using the facility by devices ities and structures in tidal waters to apply other than those approved by the United for a Council Assent to assure conformance States Coast Guard is prohibited. between such programs and/or regulations (d)A Council Assent for a marina permits the and the Coastal Resources Management Pro- marina operator to undertake routine gram and the General Laws of the State of maintenance of approved facilities where Rhode Island (see Section 300.151. such maintenance will not alter the pur- pose of the facility. In those cases where routine maintenance requires the use of C. Prerequisites heavy machinery. such as the use of a pile 1. Persons proposing to establish a new i driver, the Council shall be advised in marina will be required to obtain a permit writing at least ten days prior to underrak- from the Army Corps of Engineers. ing such maintenance. Maintenance of facilities shall not be construed to include 2. Persons proposing to establish a recrea- maintenance dredging. tional mooring area are required to obtain a (e) Marina and/or mooring operators with permit from the Army Corps of Engineers. Council Assents may alter the layouts of 3. An application for a Council Assent for a the facility to provide for a change of up to marina and/or mooring area will include a : 25 percent in the number of boats that may map prepared and stamped by a professional be accommodated at the marina. as defined engineer. land survemor or architect that in the original Council Assent: such altera- tions shall lot extend the facility beyond designates the area of tidal water that will be tions shall not extend the facility bevond incorporated within the marina. the perimeter defined in the original Coun- cil Assent. In cases where proposals are made to alter the layout of an existing D. Prohibitions marina for which the boundaries of the I. The building of new marinas in Type 1 water area have not been designated the and 2 waters is prohibited. 0 f Council shall designate the water area within which alterations may take place. 2. The building of new residential docks. When alterations to the layout as described piers. and wharfs in Type 1 waters is herein are proposed. the Council shall be prohibited. notified in writing at least ten days prior to 3. The unloading of catches by commercial undertaking such activities, and the mari- fishing vessels at residential boating facilities na operator shall obtain Council approval certifying that the boat capacity altera- is prohibited. tions, if any. meet the 25 percent standard and the Council's standards for parking and sanitary facilities. 71 2. For launching ramps: (c) Where possible, piles shall penetrate a (a) Ramps shall be constructed at an angle no minimum of 10 feet into the sediment. Piles greater than 15 percent from the horizon- shall have a minimum cross-section of 15 tal. Where upland modification is neces- square inches. Pier bent cross members sary, the slope will be created, where (pile caps) shall have a total minimum possible, by cutting back into the upland. cross-sectional area of 30 square inches. rather than by placing fill on a shoreline (d) Fixed structures which are for pedestrian feature. Ramps shall be approximately even access only shall be capable of supporting with beach grade. 40 pounds per square foot live load as well (bM Ramps shall extend a sufficient distance as their own dead weight; floating struc- inland to prevent washout at the inland tures shall be capable of supporting a edge and shall extend a minimum of 3 feet uniform 20 pounds per square foot live beyond extreme low water. Single-lane ramp load, or a concentrated load of 400 pounds. width shall not be less than 15 feet. (e) Non-leaching wood preservatives shall be (c) Where a form of pavement is necessary in used for all wooden portions of the struc- areas of unconsolidated sediment, ramps ture except decking. will be constructed using 6 inch by 6 inch (f To permit light penetration, the minimum by 12 feet reinforced concrete ties con- spacing between plank decking shall be 1'2 nected with galvanized steel rods placed inch. Deck boards shall be no less than one perpendicular to the slope of the ramp. and inch thick. and shall be supported by packed within and underlain by 6 inches of stringers with a minimum cross-section of crushed stone. Concrete ties shall utilize an 2 by 8 inches and spaced no more than 24 air-entraining, Type II or Type V Portland inches apart. cement, or an equivalent sulfate-resistant (g) Standard dock or pier width is 4 feet: substitute. standard float size shall not exceed 150 (d) Side slopes of the ramp (above water line) square feet. shall be constructed of sloped riprap or. if (h) To allow public access along the shore. the slope permits, vegetated. piers and docks shall provide a stairway or (e) See Section 300.2. "Filling, Removing. or maintain a minimum 5-foot clearance over Grading of Shoreline Features," and Sec- the intertidal area at the mean high water tion 300.7, "Construction of Shoreline Pro- mark. tection Facilities." (i) Flotation devices shall be securely con- tained. All expanded polystyrene (open cell. 3. For residential docks, piers, and floats: white foam flotation) shall be encased in (a) Applications for all residential recreational vinyl or other suitable substance and pro- boating facilities shall indicate all work tected by billet boards (2" by 8" size) associated with access to these structures; located below the flotation and adequately a bottom survey showing water-depth con- through-bolted to the main body of the tour lines and sediment types along the float. length of the proposed structure shall also (j) Hot-dipped galvanized connections shall be be provided. All pathways. boardwalks. and used. cutting or filling of coastal features shall be (k Where possible, piers shall span coastal specified. All such work shall be in accor- wetlands; when pilings are placed within dance with applicable standards for "Fill- coastal wetlands, only the immediate area ing. Removing, or Grading" (Section 300.2) of piling penetration may be disturbed. and "Residential. Commercial. Industrial, Construction in a coastal wetland shall be and Public Recreational Structures" (Sec-. accomplished by working out from com- tlon 300.3). pleted sections. No construction equipment (b) All residential piers and floating docks shall traverse the wetland while the facilitv shall be built with pile bents spaced a is being built. Piers shall be constructed at minimum of 15 feet apart. a height above underlying marsh. which 72 allows for the growth of marsh vegetation. writing to the Council at least 10 days prior The Council will stipulate appropriate to the undertaking of such maintenance. heights on the basis of staff biologist recommendations. (I)Access to shoreline or piers from the top of an unconsolidated embankment shall be from a set of stairs elevated above the 300.5. feature and not by way of a path. Mooring and Anchoring of (m) Owners are required to maintain their Houseboats and Floating facilities in good working condition. Facili- Businesses ties may not be abandoned. The owner shall remove from tidal waters and coastal fea- tures any structure or portions of struc- A. Definitions tures which are destroyed in any natural or man-induced manner. 1. Houseboat: a building constructed on a (n) Float ramps and other marine appurte- ;: raft, barge. or hull that is used primarily for nances or equipment shall not be stored on single- or multiple-family habitation: if used acoastal wetland shoreline embankment, for transportation this use is secondary. a coastal wetland, shoreline embankment, or in any area designated as a buffer zone. 2. Floating business: a building constructed (o) The use of cribs for structural support on a raft or hull that is represented as a place shall be avoided. Where unavoidable, they of business, including but not limited to shall be designed and stamped by a regis- waterborne hotels, restaurants, marinas or tered professional engineer or architect. marina-related businesses. (p) Residential boating facilities shall not intrude into the area within 10 feet of an extension of abutting property lines, unless (1) it is to be a common structure for two 1. The Council considers that placement of or more adjoining owners, concurrently houseboats and floating businesses in tidal applying, or (2) a letter or letters of no waters is a low-priority use of any coastal objection from the affected owner or owners water body and is acceptable only in limited are forwarded to the CRMC staff with the numbers and in specific areas. Houseboats application. and floating businesses are not classified as (q) Residential boating facilities shall not water-dependent, since it is not their primary extend beyond that point which is (1]) 25 purpose to serve as a means of on-water percent of the distance to the opposite transportation or recreation. shore (measured from mean low water), or 50feet s(eauward of mean low water, o 2. When in transit, a houseboat or floating 0whichefer is theeaward ofmle anlotser. business is considered a boat or vessel and whichever is the lesser. must meet all applicable state and Coast (r) No sewage. refuse. or waste of any kind may be discharged from the facility or from any vessel utilizing it. (slA Council Assent is not required for the C. Prohibitions routine maintenance of an existing private 1. Houseboats and floating businesses are recreational boating facility previouslyinesses are authorized by a Council Assent. Routine i prohibited from berthing or mooring in coast- al ponds (in accordance with G.L.R.I.. 46-22- maintenance of existing structures includes those activities that will not 91) and In all Te 1 and 2 water change the design. purpose. or size of the 2. Houseboats are prohibited from mooring structure. Notice of routine maintenance or anchoring in all other tidal waters of the that involves the use of heavy equipment. state unless within the boundaries of a such as pile drivers, shall be made in marina. 73 3. Floating businesses are prohibited from ing matter, oil and tar, radioactive substances mooring or anchoring in the tidal waters of and any compound, solution, mixture or the state unless within the boundaries of a product thereof, and every substance which marina or a port. may be injurious to public health or comfort. or which would injuriously affect the natural 4. Discharge of sanitary sewage to tidal and healthy propagation, growth or develop- waters from houseboats or floating busi- ment of any fish or shellfish in the waters of nesses using marina or port facilities by this state, or of the nourishment of the same. devices other than those approved by the or which would injuriously affect the flavor, Coast Guard is prohibited. taste, or value of food of any such fish or shellfish or which would defile said waters or D. Additional Category B Requirements injure or defile any vessel, boat, wharf. pier. or any public or private property upon, in or 1. Applicants for floating businesses shall under said waters or any shore thereof." under said waters or any shore thereof." (a) demonstrate that there will be no signifi-poses of the Coastal Resources cant deterioration in the quality of the water Management Program, "sewage" is further in the immediate vicinity; (b) demonstrate definedto include freshwater discharges that there will be no significant conflict with including runoff that may significantly alter such water-dependent uses and activities as the salinity of tidal waters or salt ponds. The recreational boating, fishing, navigation. com- term ''sewage" also includes discharges of merce, and aesthetic enjoyment of the water- heated waters. front; and (c) demonstrate that there will be no significant conflict with riparian rights or 2. Individual sewage disposal system IISDS): harbor lines. any arrangement for sanitary sewage disposal by means other than discharge into a public sewer system. E. Standards 3. Point source discharges: any conveyance 1. Applicants for either houseboats or float- including, but not limited to, any pipe. ditch ing businesses shall meet all pertinent stand- including, but not limited to, any pipe, ditch, ing businesses shall meet all pertinent stand- channel, tunnel, conduit, container, transport ards given in "Recreational Boating vehicle or vessel from which sewage is or may Facilities" (Section 300.4) under standards be discharged. for residential docks, piers. and floats. 4. Sewage treatment plants: sewage collec- 2. Houseboats and floating businesses shall tion and treatment facilities, including state. tie into marina or port holding-tank pumpout municipal. or privately owned and operated facilities where available. collection, pumping, treating, disposal or dis- persion facilities designed for the treatment of sewage from residences, commercial build- ings. industrial plants and institutions. 300.6. together with any groundwater. surface water. Sewage Treatment and Disposal or surface runoff that may be present in the waste stream. A. Definitions B. Policies 1. Sewage: the Council has adopted the 1. It is the Council's policy to maintain and. definition of sewage set forth under Title 46. where possible. improve the quality of Chapter 12. Section 1 of the General Laws. to groundwater and tidal and salt pond surface wit: . . any human or animal excremental waters. liquid or substance. any decomposed animal _ or vegetable matter. garbage. offal. filth. 2. It is the Council's policy to minimize the waste. chemicals, acid, dyestuff. starch. color- amount of ISDS-derived nitrates and other 74 potential contaminants which may leach into the shore. (3) be constructed so as to salt ponds and all other Type 1. 2. and 3 prevent clogging by soil fines. and (4) have waters. outfalls suitably protected against shore- 3. Applicants for Assents for ISDSs are line erosion and scour. encouraged to meet on site with CRMC staff (d) When existing buildings are changed from prior to undertaking of ISDS groundwater X seasonal to year-round use. or expanded bv and soil tests to discuss the location of the adding one or more rooms, certification system and buffer zones. shall be obtained from the Department of Environmental Management's ISDS Office that the existing ISDS is capable of treat- C. Prerequisites ing sewage effluents adequately. 1. Applicants for Council Assents to con- ; (e) Connections to ISDSs and cesspools that struct. alter. or extend individual sewage or otherwise abandonedshall be removed blocked disposal systems or point source discharges or otherwise disconnected. and abandoned shall first obtain a permit from the Depart- cesspools and septic tanks shall be e ment of Environmental Management. dry and filled with clean fill. (fl Where necessary, barriers shall be con- 2. All federal (EPA) discharge and/or pre- structed to prevent vehicles from passing treatment regulations under the National over septic systems. Pollution Discharge Elimination System 2. For point discharges of surface runoff (NPDES) shall be met. waters: 3. The Council shall formally review pro- (a) Concentrated runoff shall be minimized. posed actions only after all other applicable The use of sheet flow through natural state/local requirements have been met. How- vegetated areas, or the use of grassy drain- ever. the Council will comment on prelimi- age swales for clean water discharge. is nary plans for major facilities to assist in the preferable to direct discharge through a planning process. conduit or other piping. Wherever neces- sary. drainage swales shall be constructed D. Prohibit ions i ; along and adjacent to property lines so as to avoid drainage of water onto adjacent 1. Point source discharges are prohibited properties. Swales shall be capable of ade- on unconsolidated coastal banks and bluffs quately handling runoff from a 10-vear (Section 210.4) and in many instances in storm. Type 1 (Section 200.1) and Type 2 (Section (b)Where possible, existing natural vegetation 200.2) waters. shall be left intact along natural drainage easements so as to minimize bank erosion. E. Standards (c) Whenever practical. permeable pavement shall be utilized to minimize the produc- 1. For individual sewage disposal systems tion of surface runoff. (ISDSs): (d) No connections to storm, surface. or sub- (a) See standards given in "Filling. Removing. surface drains shall be made to individual .or Grading" (Section 300.2). building sanitary sewers of ISDSs. nor shall (b) Grading around the ISDS shall direct the any such drains be constructed within 25 flow of surface runoff water away from the feet of an existing ISDS. ISDS. : . 3. For catch basins: (c) Subdrains constructed to lower ground- (a) Catch basins shallbe employed when water levels in an area where an ISDS shall necessary to reduce runoff-induced infiltra- be built'shall (11 have a minimum pipe tion of particulates into water bodies. diameter of 6 inches, (2) have no piping located between the anticipated ISDS and (b) A maintenance and cleaning program for catch basins shall be detailed. A:: S 7 (c) Catch basins shall have a minimum sump 3. A revetment is a structure built to armor depth of 3 feet. a sloping shoreline face composed of one or (d) Wherever possible. catch basins with per- more layers of stone or concrete riprap. A meable sides and/or bottoms shall be used revetment blankets, and generally conforms so as to minimize outflow. to. the contours of a coastal feature. 4. For outfalls: 4. A groin is a structure built of rock, steel. (a) Work on outfalls. drainage channels, etc.. timber, or concrete that extends from a beach shall proceed from the shoreline toward the into tidal waters and is used to entrap sand: upland in order that no unfinished or groins are generally perpendicular to the unstabilized lower channel portions be shoreline's coastal trend. subjected to erosion-producing velocities 5. Breakwaters and jetties are fixed or from upstream. If this cannot be accom- floating structures that protect a shore. har- plished, all flow shall be diverted from the bor, anchorage, or basin by intercepting unfinished areas until stabilization is waves. completed. (b)Where possible, outfall pipe slopes shall be 6. A bulkhead is a structure or partition designed for an exit velocity of less than 5 built to retain or prevent sliding of the land feet per second. and protect the inland area against damage (c) Screens or grates shall be placed over the from waves. end of large outfalls to trap debris. 7. A seawall is a massive bulkhead with a (d) Beaches or other coastal features in front vertical, curved, or stepped face designed to of outfalls shall be returned to original withstand the direct onslaught of ocean grade. waves. (e) Riprap placed on beaches shall not increase the grade of the beach higher than one foot in order to maintain lateral access below B. Policies mean high water. 1. The Council favors non-structural (f) Riprap shall be hard, durable. angular methods for controlling erosion such as stone, with an approximate unit weight of stabilization with vegetation and beach 165 lbs./cubic foot. nourishment. (g) Riprap shall be placed with an adequate bedding of crushed rock or other suitable 2. Riprap revetments are preferred to verti- filtering material. cal steel, timber, or concrete seawalls and bulkheads except in areas bordering on Type 5 waters and in ports and marinas. 300.7. C. Prerequisites Construction of Shoreline Pro- 1. Army Corps of Engineers permits are tection Facilities required for structural forms of shoreline protection facilities below extreme high water. A. Definitions 1. Shoreline protection facilities include D. Prohibitions breakwaters. groins, bulkheads, jetties. and 1. Structural forms of shoreline protection other structures. the purpose or effect of are prohibited on shoreline features abutting which is to control, or prevent, the erosion of Type 1 waters unless the primary purpose of coastal features. the structure is to preserve or enhance the 2. Riprap is a foundation or sustaining wall feature as a conservation area or buffer of stones placed together without mortar. against storms. 76 E. Additional Category B Requirements Where there are no adjacent structures, the 1. On the basis of sound professional new structure shall gradually return to the information, applicants shall evaluate the slope of the feature and be so designed that feasibility of non-structural methods and, if opportunities for erosion around the back of the structure are minimized. they are deemed unsuitable, shall state rea- sons for this conclusion. 3. The base of all shoreline protection structures built on unconsolidated sediments 2. Applicants for structural measures to control erosion shall (a] demonstrate that the shall, at a minimum, extend to a depth equivalent to mean low water. Original beach proposed structure has a reasonable probabil- materials, or other suitable materials, shall ity of controlling the erosion problem. (b) protect this base. demonstrate that the proposed structure is not likely to increase erosion in adjacent 4. To promote good drainage behind sea- areas: (c) demonstrate that the proposed walls and bulkheads, and to minimize the structure is an appropriate solution to the flow of sediment into waterways and avoid erosion problem considering the long-term the loss of backfill. all backfill shall be coarse. rate of erosion in the area, the likely effects of clean, and free-draining. If soils in the area major storms and hurricanes, and the stabil- are fine-grained, a filtering layer shall be ity of the shoreline on either side of the placed behind and/or beneath the structure. proposed project: and (d) describe a long-term consisting of suitably graded stone or rock maintenance program for the proposed facil- chips or engineering filter fabric. Weep holes ity including financial commitments to pay shall be provided for drainage in retaining for such maintenance. walls and bulkheads. The use of grout or 03. Applicants for breakwaters and jettiesin concrete within, behind, or over revetments is 3. Applicants for breakwaters and jetties in addition to 1 and 2 above shall demonstrate that the proposed structure is necessary to 5. Where feasible, the areas in back of the provide protection to a commercial marina, structure shall be level for a distance equiva- port. or harbor. lent to the height of the structure. 4. Applicants for breakwaters and jetties 6. The slope of revetments shall not exceed shall also provide an evaluation of the struc- 1:1. ture's potential for interrupting the longshore 7 Riprap revetments shall be constructed movements of sediments. If such an interrup- tion is likely to be significant, the applicant of 165 bs/cubic foot. Placed riprap is pre- shall design a sand bypass system or another ferred to dumped riprap. The size of stone measure that will assure that the effects on shall be dependent upon the site's exposure sediment transport shall not cause signifi- to wave energy in accordance with the follow- to wave energy in accordance with the follow- cant erosion along nearby shores. ing guidelines: F. Standards Fetch Weight Size (nautical miles) (lbs.) (cubic yards) 1. All applicable standards for earthwork 1 400 I. 110 (Section 300.2) shall be met. The base of the 2 1.000 1/4 seawall, bulkhead. or revetment must be 3 2.500 1/2 4 5.000 1 located as close as practicable to the shore- 5 & greater 8.000 & greater 2 & greater line feature it is designed to protect: structur- al shoreline protection facilities shall be The above assumes a 1:1 wall slope and one placed landward of coastal wetlands. layer of placed stone. 2. The ends of shoreline protection struc- 8. Seawalls and bulkheads which are not tures shall be tied into adjacent structures. supported with earth anchors shall have a 77 base width which equals a minimum of 40 D. Additional Category B Requirements percent of total wall height, or shall be 1. Applicants for activities involving power designed and stamped by a registered profes- generation and petroleum processing, storage. sional engineer. and transfer are referred to the 1978 Energy 9. Concrete used for wall construction along Amendments to the Rhode Island Coastal the shore and in tidal waters shall be Resources Management Program for addi- resistant to the sulfate attack of seawater: tional detailed standards. The following sum- Type 2 or Type 5 air-entraining Portland mary defines the scope of the topics that shall cement or an equivalent shall be used. be addressed by applicants for power generat- ing and petroleum processing and storage as 10. Immediately after construction, all they apply to construction, operation. decom- groins shall be filled to entrapment capacity missioning, and waste disposal: (a) environ- with sediment. : mental impacts. (b) social impacts, (c) 11. Floating tire breakwaters may be per- economic impacts, (d) alternative sites, (e) mitted for seasonal use only, after which they alternative means to fulfill the need for the must be removed to an upland location: all facility, (f) demonstration of need, and (g) tires must be branded or otherwise marked, consistency with state and national energy and the owner of the floating breakwater policies. Shorefront sites shall demonstrate shall be liable for cleanup costs if the tires the need for access to navigable waters or break loose. cooling and/or process water. The above requirements for energy facilities do not have to be addressed if the proposal is for an electrical generating facility of less 300.8. than 10-megawatt capacity or for a petroleum Energy-Related Activities and storage faclity ofless than 2.400-barrel capacity. Such small-scale facilities shall be Structures X considered commercial or residential struc- tures (Section 300.3). A. Definitions 1. Energy-related activities include all oper- E. Standards ations and structures involved in power 1. See standards given in "Filling. Remov- generation and petroleum processing. ing, or Grading" (Section 300.2). as transfer. and storage on a shoreline feature or applicable. its contiguous area or within tidal waters. 2. See standards given in "Residential. Commercial. Industrial, and Public Recrea- B. Prerequisites tional Structures" (Section 300.3). as 1. Applicants must demonstrate that all applicable. relevant local zoning ordinances. building 3. See standards given in "Sewage Treat- codes. flood hazard standards. and all state ment and Disposal" (Section 300.6). as safety codes. fire codes. and environmental applicable. requirements have been met. C. Prohibitions 1. Industrial operations and structures are prohibited in Type 1 and 2 waters or on shoreline features and their contiguous areas abutting these waters. 78 300.9. Council. Council and Army Corps require- Dredging and Dredged Materials ments are designed to complement one D isposal i : ; another; applicants should consider the requirements of both agencies when prepar- ing to begin the permit process and may A. Definitions apply for CRMC and Army Corps permits concurrently. 1. Dredging: the excavation of sediments from beneath tidal and coastal pond waters 2. A water quality certification from the by mechanical or hydraulic means. Department of Environmental Management Dredging for navigation purposes is divided must be issued before dredging or disposal into two categories by the Army Corps of approval can be granted. The application for Engineers: (a) improvement dredging includes such certification shall be forwarded to DEM new projects in previously undredged areas by the Council when all Council application or the enlarging of existing channels and forms have been completed. basins beyond previously authorized depths 3. Dredged materials must be certified by or boundaries; and (b) maintenance dredging DEM as non-hazardous, based on an includes projects whose purpose is to restore approved analysis process. authorized channels and basins to their original, previously authorized dimensions. 4. Upland disposal of dredged materials must comply with local ordinances, and DEM 2. Dredged materials disposal: the process must certify that the materials are not of discharging, depositing, dumping, or utiliz- hazardous and that the requirements of the operation. D. Prohibitions B. Policies 1. The disposal of dredged materials on or 1. The Council shall support necessary adjacent to coastal wetlands in Type 1 and 2 maintenance dredging activities in Type 2. 3. waters is prohibited unless associated with a 4. 5. and 6 waters, provided environmentally Council-approved program of wetland build- sound disposal locations and procedures are ing or rehabilitation. The disposal of dredged identified. materials is also prohibited on coastal 2. The Council favors offshore open-water wetlands designated for preservation in Type disposal for large volumes of dredged materials, 3, 4. 5. and 6 waters (see Section 210.3). providing that environmental impacts are 2. No dredging for navigational purposes is minimized. permitted in Type 1 waters, and only mainte- 3. The Council enciourages the use of nance dredging may be permitted in Type 2 innovative nearshore methods of dredged waters. materials disposal. particularly when small volumes of material must be disposed. These E. Additional Category B Requirements options include creation of wetlands, shellfish habitat. and beach nourishment in suitable 1. Applicants for all dredging projects shall 0 areas. 0 0 ; provide accurate soundings in the area of the proposed dredging operation.. 0 0 C. Prerequisites :: 2. Applicants shall describe any temporary or permanent disturbance to a coastal feature 1. Permits for maintenance and improve- which is required or anticipated in order to ment dredging and disposal projects for gain access for heavy equipment to the navigational purposes must be obtained from dredging or disposal site. the Army Corps of Engineers as well as the 79 3. When fine-grained sediments are to be (b) Measures must be employed and described removed. the applicant shall install siltation to ensure that all dredged materials will be curtains to control the transport of materials dumped solely within the confines of an placed in suspension by dredging unless the approved site. applicant demonstrates to the Council on the (c) Hydrographic conditions at the approved basis of competent professional analysis that disposal site must be such that the dis- such transport will not be significant or will posed dredged materials will remain within be controlled by other measures. the disposal area and that resuspension of 4. The applicant shall limit dredging and bottom sediments will be minimal. (d) Following disposal operations involving pol- disposal to specific times of the year in order luted materials, clean coarse-grained mate- to minimize odors and/or impacts on fish and shellfish unless the applicant demonstrates mound and minimize the release of any to the Council on the basis of competent potential contaminants to the water professional analysis that such odors or impacts will not be significant or will be column. The cap shall have a minimum thickness of 6 inches. controlled by other measures. thickness of 6 inches. (e) The applicant shall provide for an environ- 5. Applicants for improvement dredging mental monitoring program designed to projects shall describe, on the basis of compe- detail physical conditions and biological tent professional analysis, anticipated silta- activity at and near the site for a period of tion rates, sediment sources, and anticipated at least one year. The results of such maintenance dredging needs. programs shall be made public. 6. When dredged materials are removed 3. For dredged materials disposal in the from a marine to an upland environment for creation. of wetlands, aquatic habitat. or disposal. the applicant shall demonstrate that islands: the release of pollutants present in the ;(a) Disposal sites must be in sheltered envi- materials shall not cause significant threats ronments which are approved by the Coun- ronments which are approved by the Coun- to groundwater or cause other environmental cil for such purposes and are not prone to degradation. extensive wave or current energies yet subject to sufficient tidal action to provide F. Standards adequate flushing. (b) Dredged materials must be pumped or 1. For dredging: placed into a containment area that will (a) Bottoms of dredged areas shall slope down- permit sediment consolidation and prevent ward into the waterway so as to maximize erosion. tidal flushing. (c)The applicant must provide for an environ- (b) Bottom slopes at the edges of dredged areas mental monitoring program designed shall have a maximum slope of 50 percent. to detail physical conditions and biological (c) Dredging shall be planned so as to avoid activity at and near the site for a period of undermining adjacent shoreline protection at least one year. The results of such a facilities and/or coastal features. program shall be made public. (d) Shellfish dredged from waters classified SB (d)All applicable requirements of Section or lower shall not be made available for 300.2 shall be met. human consumption or bait. 4. For upland disposal: 2. For dredged materials disposal in open (a) Dewatering of dredged materials shall water: occur behind a berm or bulkhead of suffi- (a) Dredged materials may not be placed in cient height to contain the material. areas determined by the CRMC to be prime (b) After dewatering. dredged materials placed fishing grounds. on uplands adjacent to tidal waters shall be 80 vegetated or otherwise permanently stabil- B. Policies ized. Surface slopes of the disposal area 0 1. It is the Council's policy to discourage shall be graded so as to prevent surface and minimize the filling of coastal waters. ponding. (c) Where dredged materials are placed behind 2. In considering the merits of any given a wall or bulkhead: (1) the structure shall proposal to fill tidal waters, the Council shall be suitably engineered to resist the pres- weigh the public benefit to be served by the sures of the dredged material: (2) the proposal against the loss or degradation of material including fines shall be prevented the affected public resource(s). from seeping through the wall or bulkhead by the placement of an adequate filtering C Pr uisites device: and (3) all applicable standards listed for shoreline protection facilities 1. A water quality certification from the (Section 300.7) shall be met. Department of Environmental Management (d) All applicable requirements of Section shall be required. 300.2 shall be met. 2. Filling of tidal waters requires an Assent 5. Disposal for beach nourishment: from the Army Corps of Engineers. (a) The placement of dredged materials on a beach is a preferred disposal alternative, D. Prohibitions providing that the materials in question are predominantly clean sands possessing 1. Filling in Type 1 and 2 waters is grain size and such other characteristics to prohibited unless the primary purpose of the i make them compatible with the naturally project is to preserve or enhance the area as a * occurring beach material. conservation area and/or a natural buffer (b) In areas where the processes of littoral drift against storms. would result in significant re-entry of 2. Regulations governing the filling and dredged sediments into a navigable water- other disturbances to wetlands are set forth wav. dredged materials must be placed on in Section 210.3. the downdrift side of the inlet. (c) All applicable requirements of Section 3. Filling in Type 3 4. 5 and 6 waters is 300.2 shall be met. prohibited unless (a) the filling is made to accommodate a designated priority use for that water area: (b) the applicant has exam- ined all reasonable alternatives and the Coun- 300.10. cil has determined that the selected alter- 0Filling n Tidal Waters native is the most reasonable; and (c) the filling is the minimum necessary to support the priority use. A. Definition 4. Filling may be permitted where necessary for an approved erosion control or bulkhead- of materials from upland sources below the ing project and only when is demonstrated mean high water mark and includes the utili- zation of dredged materials to create land in tidal waters for purposes other than those E. Fees covered by the creation of wetlands and bvy See Section beach nourishment in Section 300.9. :::! 300.11. Environmental Management and the chair- Aquaculture man of the Marine Fisheries Council, as required by Chapter 20.10 of the state's General Laws. The director of the Department A. Definition of Environmental Management. shall review the application to determine that the pro- Aquaculture is the culture of aquatic spe- posed activity will not adversely affect (a) cies under natural or artificial conditions ine life adjacent to the proposed area and tidal waters and coastal ponds ncluding but, the waters of the state. and (b) the continued not limnited to fish farming utilizing pens vitality of indigenous fisheries. The chairman tanks, or impoundments and the culture of of the Marine Fisheries Council shall review shellfish on the sea floor or suspended in the the application to determine that it is consis- the application to determine that it is consis- water. X tent with competing uses involved with the Note: Aquaculture conducted on land above exploitation of maing uses involve d with the mean high water and under Council jurisdic- tion shall be considered a commercial opera- 2. Permits for the possession. importation. tioni (Section 300.3). and transportation of species used in aqua- culture must be obtained from the director of the Department of Environmental B. Policies Management. 1. The CRMC recognizes that commercial aquaculture-is a viable means for supple- D. Additional Category B Requirements menting the yields of marine fish and shel- lfish food products, and shall support 1. Applicants proposing to undertake any commercial aquaculture in those locations aquaculture endeavor shall (a) describe the where it can be accommodated among other location and size of the area proposed: (b) uses of Rhode Island waters. identify the species to be managed or culti- vated within the permitted area and over 2. The CRMC shall grant aquaculture appli- which the applicant shall have exclusive cants exclusive use of the submerged lands right; ( the method or manner of and water column. including the surface of management or cultivation to be utilized. management or cultivation to be utilized. the water, when the Council finds such including whether the activities proposed are exclusive use is necessary to the effective experimental, commercial, or for personal use: conduct of the permitted aquaculture activi- (d) provide such other information as may be ties. Except to the extent necessary to permit necessary for the Council to determine: (1) the effective development of the species of the compatibility of the proposal with other animal or plant life being cultivated by the existing and potential uses of the area and permittee. the public shall be provided with areas contiguous to it. including navigation. means of reasonable ingress and egress to recreation. and fisheries: (2) the degree of and from the area subject to an aquaculture exclusivity required for aquacultural activi- lease for traditional water activities such as ties on the proposed site: (3) the safety and boating. swimming. and fishing. All plant and security of equipment. including appropriate animal species listed for culture in an aqua- marking of the equipment and/or lease area; culture lease are the personal property of the (4) the projected per unit area yield'of permittee. harvestable product: (5) the cumulative impact of a particular aquaculture proposal C. Prerequisites in an area. in addition to other aquaculture operations already in place: (6) the capability 1. Prior to issuing a permit for aquaculture, of the applicant to carry out the proposed the Council shall obtain and consider state- activities: and (7) the impact of the proposed ments from the director of the Department of activities on the scenic qualities of the are 82 E. Standards C. Prerequisites 1. In the event of revocation of any lease or 1. Mosquito control programs in any coastal Assent. the lessee or Assent holder is respon- wetland area will be considered only when sible for restoring the area to pre-existing authorization from the DEM Division of Fish conditions within six months from the date and Wildlife. the R.I. Mosquito Abatement of permit revocation. This shall include the Board, and the local municipality has been removal of all structures, rafts, floats, obtained. markers, buoys. anchors, and other equip- 2. A permit from the Army Corps of Engi- ment brought to the site. neers is required. 2. Any person who maliciously and willfully destroys. vandalizes, or otherwise disrupts aquaculture activities permitted by the Coun- cil shall be in violation of an order of the 1. The practice of applying broad spectrum Council and libel to all fines and penalties persistent pesticides on any coastal wetland under law. area is prohibited. 3. All permittees shall mark off the areas under permit by appropriate ranges. monu- E. Standards ments, stakes, buoys. or fences placed so as 1. Ditching undertaken as part of the not to interfere unnecessarily with navigation mosquito control rogram shall be minimal and other traditional uses of the water sur- and shall utilize open-marsh water manage- face. All authorized limitations upon the use ment techniques. *--- by the public of areas subject to the permit shall be posted by the permittee. 2. Marsh sediments excavated during ditch construction shall be spread thinly along the sides of the ditch in order to prevent ponding on the marsh surface and to reduce impacts 300.12. on marsh vegetation. Mosquito Ditching 3. Ditches shall be no more than 24 inches wide and not less than one foot nor more than 3 feet deep. A. Definition Mosquito ditching is the maintenance and construction of ditches in coastal wetlands in order to enhance tidal flushing and thereby 300.13. reduce and control mosquito-breeding sites. Public Roadways, Bridges, Parking Lots, Railroad Lines B. Policies and Airports 1. The Council recognizes the nuisance caused by large breeding populations of mos- A. Defnition quitoes in portions of some coastal wetlands. The Council recognizes that the problem can This category includes all public roadways. be effectively controlled by good wetland bridges, parking lots, railroad lines, airports. management practices that include-ditch and associated structures built on a shoreline construction and maintenance and. in some feature. its contiguous area. or over tidal cases. the limited use of pesticides. waters. 83 B. Prohibitions B. Policies 1. The construction of new public transpor- 1. Persons proposing to maintain dredged tation facilities in tidal waters and on coastal channels and mooring areas (Section 300.9) features is prohibited with the following and mosquito control ditches in coastal exceptions: (a) construction on developed wetlands (Section 300.12) are in all cases barrier beaches may be permitted, subject to required to obtain a new Council Assent. the requirements of Section 210.2; (b) unpaved vehicle trails and parking areas may 992. Maintenance of structures and facilities be permitted on undeveloped barrierbeaches (other than dredged channels and mosquito be permitted on undeveloped barrier beaches ditches) for which a Council Assent has been (Section 210.2): and (c) construction may be ditches) for which a Council permitted on manmade shorelines subject to issued is permitted without further Council perithtoe srequirements of Secttion 210.6. action if the following standards are all met: the requirements of Section 210.6. (a) the value of the structure(s) in question. excepting piers and docks associated with C. Additional Category B Requirements marinas, has not been destroyed 50 percent 1. Applicants shall demonstrate that all of more by storm waves or other coastal practicable means are taken to minimize processes: (b) all applicable standards for the direct flows of runoff water into tidal waters construction and operation of the permitted and coastal wetlands. facility and any stipulations that condition the Council's Assent are continued: and (c) persons proposing to maintain structures in D. Standards the following categories which require the use 1. See-standards given in "Filling, Remov- of heavy machinery, such as pile drivers, on coastal features or in tidal or coastal waters ing, or Grading of Shoreline Features" (Sec- shall inform the Council in writing at least 10 tion 300.2). days before undertaking such maintenance: 2. Permeable materials shall be utilized, (1) recreational boating facilities (Section where practicable, to surface roadways and 300.4): (2) shoreline protection facilities (Sec- parking lots on shoreline features adjacent to tion 300.7): and (3) public roadways. bridges. Type 1. 2, and 3 waters. and parking lots, railroad lines and airports (Section 300.13). 3. Persons proposing to maintain shoreline 300.14. protection facilities or coastal features that have been altered by coastal processes since Maintenance of Structures an original Council Assent was granted shall be required to apply for a new Council Assent. A. Definition For the purposes of this section, the term "altered" is defined as: (a) a significant 1. Maintenance of structures includes increase in the rate of erosion at one or both rebuilding. reconstructing. or re-establishing ends of the structure: or (b) a significant to pre-existing conditions and dimensions a decrease in the distance between the toe of damaged structure or facility. With the excep- the structure and mean high water. tion of marinas (see Section 300.4). mainte- nance includes only those activities that do tures (other than piers and docks associated tures (other than piers and docks associated not alter the approved design. purpose, and with marinas) the value of which has been size of the structure. destroyed 50 percent or more by storms. waves, or other natural coastal processes shall be required to obtain a new Council Assent. 84 5. Many structures under Council jurisdic- tion predate the Council and were not permit- ted by Council Assent when originally constructed. Persons proposing to mainte- nance or repair activities on such structures shall inform the Council in writing of the work proposed. The Council's executive direc- tor shall determine what standards of this Program apply or whether a Council Assent is required. 300.15. Municipal Harbor Regulations A. Definitions Municipal harbor regulations include all rules or management functions that apply to the use of tidal waters adjacent to a municipality. B. Additional Category B Requirements 1. All municipalities wishing to adopt har- bor regulations shall apply to the Council for an Assent. Such applications shall: (a) provide a map prepared and stamped by a profes- sional engineer. land surveyor. or architect that designates the area of tidal water that will be affected by the harbor regulations; (b) describe the manner in which regulations or management programs will be carried out; (c) include a verbatim copy of any proposed ordinance. resolution. or other document which has been or that would be adopted to authorize and/or guide regulation or manage- ment: and (dl include a certification from the legal department or solicitor of the municipal- ity that the proposed regulations or manage- ment programs conform to the Coastal Re- sources Management Program and the' General Laws of the State of Rhode Island. 2. When a city or town enacts a police ordinance under G.L.R.I. 46-4-2, it shall not be required to request a Council Assent * unless such by-law or ordinance affects the planning. regulation, or coordinating func- tions of the Council. 85 Section 310. taries and the circulation of tidal water Alterations to Freshwater bodies shall require an Army Corps of Engi- Flows to Tidal Waters and Water Bodies and D. Standards Coastal Ponds 1. See standards given in "Filling. Remov- ing, or Grading of Shoreline Features" (Sec- tion 300.2). as applicable. 2. See standards given in "Construction of A. Definitions Shoreline Protection Facilities" (Section 1. Alterations to the flows of tributaries 300.7). as applicable. include the installation of dams or other 3. See standards given in "Sewage Treat- devices that alter flows of tributaries to tidal ment and Disposal" (Section 300.6). as waters and that significantly change the applicable. timing and/or volumes of fresh water to coastal waters. Such alterations have a reasonable probability to conflict with a Council plan or program for resources man- agement or may significantly affect the envi- ronment of the coastal region. 2. Alterations to the circulation of tidal waters include all structures that alter the behavior of waters within tidal water bodies. including the removal of tidal waters for industrial cooling or other purposes and the installation of structures in embayments and salt ponds that alter the volumes and/or timing of exchange with outlying tidal waters. B. Policies 1. The Council recognizes that alterations to the volume of fresh water discharged to estuarine water bodies can have a significant effect on the species and abundance of organisms present in the estuary and may also cause changes to sedimentation. erosion patterns. and flooding. 2. It is the Council's policy to maintain and enhance anadromous fish runs and to con- sult with the Department of Environmental Management when considering proposals that may affect these features. C. Prerequisites 1. The construction of dams, tidal gates. and other structures affecting flows of tribu- 86 Section 320. c. Prerequisites Inland Activities and 1. Solid waste disposal: permits from the Alterations That Are Sub- Department of Environmental Management are required pursuant to the Solid Waste Man- ject to Council Permitting agement Act: an Air Quality Permit will have to be obtained from DEM if disposal practices include incineration. Disposal of hazardous wastes requires DEM permits pursuant to the A. Definitions R.I. Hazardous Waste Management Program as well as EPA permits. The activities and alterations inland of shoreline features and their contiguous areas 2. Minerals extraction: DEM may require a within state boundaries that may require a wetlands permit and a Water Quality Certifi- Council Assent are solid waste disposal; cate: the U.S. Department of Interior, Office of minerals extraction: chemical processing. Surface Mining, issues permits for mining transfer, and storage: power generation operations not including sand and gravel (excluding facilities of less than 10-megawatt extraction. capacity]: petroleum processing, transfer, and 3. Chemical processing transfer. and stor- storage (excluding storage facilities of less age: DEM may require permitsr pursuant to than 2,400-barrel capacity): and sewage treat- the Solid Waste Management Act and the RI. ment and disposal. Hazardous Waste Management Program, as well as an Air Quality Permit. a Water Quality B. Policies Certificate., and a Spill Contingency Plan. The EPA Region 1 may require a National Pollu- 1. The Council shall review all proposals tion Discharge Elimination System (NPDES) inland of the area contiguous to shoreline features which involve any of the above permit. identified activities and alterations. The 4. Power generation: persons proposing a Council shall determine whether such propos- hydroelectric plant are required by DEM to als have a reasonable probability of conflict- obtain a Wetlands Permit. Dam Safety Certifi- ing with this Program or with adopted CRMC cate. and a Water Quality Certificate: a Special Area Management Plans, or have the Preliminary Permit will also have to be potential to damage the coastal environment. obtained from the Federal Energy Regulatory Since. with the exception of those activities Commission (FERC). Other power-generating defined in Section D-2 below, it is not facilities may require a DEM Air Quality practically feasible for persons proposing Certificate. Water Quality Certificate. and every activitv that mav come under Council Spill Contingency Plan. An NPDES permit jurisdiction to undergo such a review. the may have to be obtained from EPA Region 1. Council's policy is to assume the responsibil- 5. Petroleum processing 5. Petroleum processing. transfer. and stor- itvof informing parctities or alteration such age: DEM may require an Air Quality Certifi- inland activities or alterations when such a review is considered necessary. Where Council Contingency Plan. jurisdiction has established that there is a reasonable probability of conflict with this 6. Sewage treatment and disposal: DEM Program or an adopted CRMC Special Area requires an ISDS permit for on-site sanitarv Management Plan. or where potential exists sewage disposal: other facilities may require a to damage the coastal environment. the Coun- DEM Water Quality Certificate. approval of cil shall require that an Assent be obtained the DEM Division of Water Resources, and a and that suitable modifications to the pro- NPDES permit from EPA Region 1. posal be made. 87 D. Additional Category B Requirements findings and recommendations resulting from the coordinated, joint review shall be 1. Applicants proposing energy-related facil- forwarded to the full Council. Where the ities are referred to the Energy Amendments fraddt h ulCucl hr h adoptesarereferred by the Council AmendmentCouncil finds a reasonable probability of conflict with this Program or with an adopted 2. Persons proposing residential subdivi- CRMC Special Area Management Plan, or sions of six units or more or facilities finds there is a potential to damage the requiring one acre or more of parking, any coastal environment, the Council shall portion of which extends onto a shoreline require that suitable modification to the feature or its contiguous area, or is within proposal be made or shall deny its Assent. the watershed of the poorly flushed estuaries 3. In those cases where a subdivision has delineated on the maps accompanying this been approved by the Council, any person Program. are required to apply for a Council wishing to conduct an approved activity. in Assent. Applicants shall submit the following accordance with the stipulations of the Coun- information to the Council for review in the ctl Assent, need not apply for a separate early stages of planning such facilities: Assent. (a) A soils map of the property (suggested scale 1:200) with an accompanying analysis of the best-use potential of the soils present: the soils maps and use potentials analysis prepared by the U.S. Soil Conservation Service should be used as the basis for this analysis. (b) An overlay map showing the principal vegetation types or any significant features identified by the Natural Heritage Program of the Department of Environmental Man- agement and the Historic Preservation Commission on the property; the maps prepared by McConnell (1974) and Kupa and Whitman (1972) may be the basis for information on vegetation. (c) An overlay showing surface drainage pat- terns and, where available, information on the depth to groundwater and the direction and volume of groundwater flows. (d) An overlay showing the proposed subdivi- sion layout. including buildings. roadways, parking areas. drainage systems, sewage treatment and disposal facilities, and undisturbed lands. This information shall be forwarded by the Council to other divisions of DEM for concur- rent review. The city or town in which the action is proposed shall be notified of the review and invited to participate, where so requested. all parties shall discuss their findings and recommendations at the munici- pality's pre-application conference, prelimi- nary hearing, or similar proceeding. The 88 Section 330. B. In and Adjacent to Type 1, 2, and 4 Guidelines for the Pro- Waters tection and Enhance- 1. Structures along the water's edge should be screened by vegetation. preferably with ment of the Scenic Value native species typical to the area rather than of the Coastal Region exotics. 2. Trees that form the first line of visual definition as one looks landward from the water should be preserved. A, General Guidelines 3. In new developments, trees should be 1. The primary goal of all Council efforts to planted in the drifts that generally follow land preserve, protect, and, where possible, restore contours and parallel the water's edge rather the scenic value of the coastal region is to than in lines that cut across landscape retain the visual diversity and often unique contours. visual character of the Rhode Island coast as 4. Disruptions of natural landforms and 4. Disruptions of natural landforms and it is seen by hundreds of thousands of vegetation should be minimized. residents and tourists each year from boats, bridges, and such public vantage points as 5. New developments should not compete roadways, public parks, and public beaches. visually with such significant shoreline fea- tures as coves, peninsulas, cliffs, and bluffs: 2. Every effort should be made to safeguard they should be set back and screened. from obstruction significant views to and across the water from highways, scenic over- looks. public parks. and other vantage points C. In and Adjacent to Type 3,; 5, and .6 enjoyed by the public. Waters 3. The importance of the skyline as seen 1. In all areas adjacent to Type 3 and 5 from tidal waters in determining the charac- waters and, where appropriate, adjacent to ter of a view site must be recognized: it Type 6 waters, the public should, where should, where possible. not be disrupted by possible, be provided a sense of the water visually intrusive structures. from within the townscape. Views to and across the water through yards, between 4. On sites in or adjacent to historic houses, and from roadways should be pre- features and districts, new structures should served and. where possible, created. be designed to provide continuity with the existing scenic and historic character. Within 2. When new structures are proposed adja- historic districts, applicants shall consult cent to Type 3 and 5 waters, the character of with the Historic Preservation Commission to new structures should be consistent and in identify means for minimizing disruption character with existing buildings. The design and, where possible, enhancing the historic of new structures should be based on an value of the area. analysis of the patterns of existing buildings. including rooflines, roof slopes, building 5. Excellent guidance for preserving the materials, colors, and window patterns. It is visual character and quality of coastal land- not necessary, however, to imitate pre- scapes in Rhode Island are contained in twentieth-century structures. "Building at the Shore: A Handbook for Residential Development on the Rhode Island Coast." Review copies are available at the Council's offices in Providence. 89 agency. Boards. commissions, departments. or offices thereof, other than the legislature or the courts, autho- rized by law to make rules, determine contested cases, or Glossary issue permits. agricultural land. (1) Tilled or tillable land upon which a crop is being or has recently been produced. (2) actively managed orchards. nurseries, and cranberry bogs. and (31 land used for livestock pasturing. alterations to freshwater flows to tidal waters and water bodies and coastal ponds. See Section 310. anadromous fish. Oceanic or estuarine species that spawn in fresh water. aquaculture. See Section 300.11. areas of historic and archaeological significance. See Section 220. barrier beach. See Section 210.2. beach grass. The dominant vegetative cover of sand dunes (Ammophila spp.). breachway. A connecting channel. usually between a coastal pond and the ocean. which permits water exchange between the two. breakwaters and jetties. See Section 300.7. buffer zone. A land area on or contiguous to a shoreline feature that is retained in its natural undisturbed condition. bulkhead. See Section 300.7. cease and desist orders. See Section 170. coastal beaches and dunes. See Section 210.1. coastal cliffs, bluffs. and banks. See Section 210.4. coastal environment. The complete system of living organisms and physical surroundings within the waters and shore lands of estuaries. the nearshore ocean. and the terrestrial areas influenced by this system. coastal pond. A coastal lagoon usually located behind a barrier beach which. in its natural condition. perma- nently or occasionally exchanges waters with the ocean. coastal wetlands. See Section 210.3. compelling public purpose. Of such concern to the public welfare that it outweighs private or individual interests. Council. The Rhode Island Coastal Resources Manage- ment Council. Council meeting. Any meeting of the full Council or a subcommittee. Council representative. A person appointed or employed as the Council's representative or agent. depositing shore. A shore which Is accumulating sand or other sediments. as opposed to a shore which is eroding. developed barrier beaches. See Section 210.2. 91 development. Any material change in the use of any longshore current. A current that flows parallel and structure or land or water body. including but not adjacent to the shoreline. limited to any building, mining. dredging, filling. excava- tlon. or drilling operation: alteration of the shore. rivers. streams, lakes or ponds: devegetation. demolition, deposi- monmade shoreline. See Section 210.6. tion offill. solid or liquid waste: construction. Installa- tion, reconstruction of a structure: a change in the type of class or use of land: or a material increase in the mosquito control ditching. See Section 300.12. intensity of use. : ' : municipal harbor regulations. See Section 300.15. discharge. Any spilling. leaking. pumping. pouring, emit- ocean dumping. Disposal of non-dredged waste materials ting. emptying. or dumping either directly or indirectly to from vessels or by other means into marine waters: ocean the waters of the state of Rhode Island. dumping does not include discharges of effluent inciden- dune. See Section 210.1. tal to the operation of vessels, the dumping of fish wastes, or the placement or deposit of materials on the ecosystem. A system formed by the interaction of a sea floor for the purpose of enhancing fisheries. community of organisms with their environment. one-hundred-year flood level. The area above mean high wate rcoursent. The outflow from a river a pipe. or other water which has a probability of being flooded once In a one-hundred-year period. The line has been designated energy-related activities and structures. See Section by the Department of Housing and Urban Development. 300.8. person. Any individual. partnership. corporation. associ- estuary. A semi-enclosed body of water that has free ation. governmental subdivision, or public or private connection with the open sea within which seawater is organization of any character other than an agency. measurably diluted with fresh water derived from land petroleum hydrocarbon. A compound originating from drainage. an oil. gas. or other petroleum base, and composed eutrophication. Nutrient enrichment in the aquatic primarily of hydrogen and carbon. environment. leading to excessive growth of aquatic plants. which can detrimentally alter water quality. parameters. particularly oxygen concentratequion. kerosene. gasoline, natural gas. or liquefied natural gas parameters. particularly oxygen concentration. (LNG]. liquefied petroleum gas (LPG). synthetic natural fauna. Animal life. gas (methane or SNG). or other petroleum derivatives. filling in tidal waters. See Section 300.10. physiographic feature. A landform or element of the landscape. filling on shoreline features. See Section 300.2. plankton. Small. suspended aquatic plants and animals floating business. See Section 300.5. which drift or swim weakly in the water column. flora. Plant life. priority of use. Reflection of the Council's assessment of glacial till. Unconsolidated and unsorted material left by those uses deemed most likely to be consistent with the movement of glaciers. consisting of clay. sand, gravel, adopted Council policies and regulations. and boulders. Program. As stated in this document. the State of Rhode grading of shoreline features. See Section 300.2. Island Coastal Resources Management Program. groin. See Section 300.7. public roadways, bridges, and parking lots, railroad lines and airports. See Section 300.13. houseboat. See Section 300.5. recreation. Any voluntary experience engaged primarily hydrologic. Related to water. during leisure time from which the individual derives Individual sewage disposal system (ISDS). See Section satisfaction. 300.6. I. recreational mooring area. See Section 300.4. larva. The early form of an animal that at birth or hatching is fundamentally unlike Its parent and must metamorphose before assuming the adult form. residential boating facilities. See Section 300.4. launching ramp. See Section 300.4. residential. commercial, industrial. and public recrea- tional structures. See Section 300.3. license. Includes the whole or part of any agency permit. certificate. approval. registration. charter, or similar form restoration. Return to a condition closely resembling a of permission required by law. not Including those former. original. normal. or unimpaired condition. required solely for revenue purposes. 92 restoration orders. See Section 170. water use category/type. One of six use designations ; revetlment. See Section 300.7. 'assigned to Rhode Island coastal waters as part of this Program. riparian rights. The rights of a person owning land containing or bordering on a watercourse related to access to the water, certain privileges regarding its uses. and the benefits of accretions and relictions. riprap. See Section 300.7. rocky shores. See Section 210.5. runoff. That portion of precipitation which is not absorbed into the ground and which drains naturally or through manmade channels to surface water bodies. scarp. A line of cliffs or bluffs produced by faulting or erosion. seawall. See Section 300.7. sedimentation. The settling to the bottom of suspended sediments. setback. The minimum distance from the inland boun- darv of a coastal feature at which an approved activity or alteration may be permitted. sewage. See Section 300.6. sewage treatment plant. See Section 300.6. shoreline category/type. One of the seven categories of Rhode Island shoreline designated as part of this Program. shoreline protection facilities. See Section 300.7. significant damage to the environment. Detriment. harm, or destruction of the environment. as opposed to damage of trivial consequence. siltation curtains. Devices placed in the water during a dredging operation or other activity which resuspends bottom sediments in order to prevent the spreading of those sediments. Special Exception. See Section 130. storm surge. An elevation in the sea surface from the effects of a storm. substantive objective. See Section 110.3. undue hardship. An inappropriate. unsuitable. unlawful. or excessive standard or requirement levied upon an applicant. variance. See Section 120. violation and enforcement actions. See Section 170. water-dependent activity use. Activities or uses which can only be conducted on. in. over. or adjacent to tidal waters or coastal ponds because the use requires access to the water for transportation, recreation. energy pro- duction. or source of water: also includes non-water- dependent activities that provide access to the shore to broad segments of the public. 93 Boothrovd. Jon. and Abdullah Al-Saud. 1978. Survey of the Susceptibility of the Narragansett Bay Shoreline to Erosion. Unpublished Report to the University of Rhode Island Coastal Resources Center. Coastal Resources Center. 1980. Providence Harbor: An and Additional Agendafor Action. A Report to the Harbor Estuary and Land, Planning Advisorv Committee of the Coastal Resources Management Council. University of Rhode Island. Collins. Clarkson. and Stephen Sedgwick. 1979. Recrea.- tional Boating in Rhode Island's Coastal Waters: A Look Forward. Coastal Resources Center. URI Marine Techni- cal Report 75. Farrell. Joseph. and Niels Rorholm. 1981. Personal communication to the Coastal Resources Center. Kupa. John J.. and William R. Whitman. 1972. Land Cover Types of Rhode Island: An Ecological Inventory. URI Agricultural Experiment Station Bulletin 409. Lee. Virginia. 1980. An Elusive Compromise: Rhode Island Coastal Ponds and Their People. Coastal Re- sources Center. URI Marine Technical Report 73. MacConnell, William P. 1974. Remote Sensing Land Use and Vegetative Covers in Rhode Island. Bulletin 200. Universitv of Massachusetts. Amherst. Mass.. July 1974. Olsen. Stephen B.. and Malcolm J. Grant. 1973. Rhode Island's Barrier Beaches. Vols. I and II. A Report on a Management Problem and an Evaluation of Options. Coastal Resources Center. URI Marine Technical Report 4. Olsen. Stephen. and Virginia Lee. 1979. A Summary and Preliminary Evaluation of Data Pertaining to the Water Quality of Upper Narragansett Bay. Coastal Resources Center. University of Rhode Island. Olsen, Stephen B.. and David K. Stevenson. 1975. Commercial Marine Fish and Fisheries of Rhode Island. Coastal Resources Center. URI Marine Technical Report 34. Olsen. Stephen. Donald D. Robadue. Jr.. and Virginia Lee. 1980. An Interpretive Atlas of Narragansett Bay. Coastal Resources Center. URI Marine Bulletin 40. Robadue. Donald. and Virginia Lee. 1980. Upper Narra- gansett Bay: An Urban Estuary in Transition. Coastal Resources Center. URI Marine Technical Report 79. Seavey. George L. 1975. Rhode Island's Coastal Natural Areas: Priorttlesfor Protection and Management. Coastal Resources Center. URI Marine Technical Report 43. Seavey. G.L.. and S.D. Pratt. 1979. The Disposal of Dredged Material in Rhode Island: An Evaluation of Past Practices and Future Options. Coastal Resources Center. URI Marine Technical Report 72. Sedgwick. Stephen. Clarkson Collins. and Stephen Olsen. 1980. Commercial Fishing Facilities Needs in Rhode Island. Coastal Resources Center. URI Marine Technical Report 80. 95 State of Rhode Island. Statewide Planning Program. 1976. Plan for Recreation. Conservation and Open Space. 1980. Coastal Community Land Use Review. Technical Paper 82. State of Rhode Island. Department of Environmental Management. 1982. A Guide to Land Resources Permits. 1983. Open Space Preservation in Rhode Island. An Inventory of Significant Sites. and the Regional Land Program Inc. 1983. Building at the Shore. A Handbookfor Residential Development on the Rhode Island Coast. Note: URI marine technical reports and bulletins may be obtained from the Publications Unit. Marine Advisory Service. University of Rhode Island. Narragansett Bay Campus. Narragansett RI 02882 (tel. 401-792-6211). Department of Environmental Management publications may be obtainedfrom the Office of Information and Education. 83 Park Street. Providence. RI 02903 (tel. 401-277-6800). 96 Boundary Line Designations 11Maps of The following boundary line designations describe those points along the coastline Water Use where one water use type changes to another. Each mapped boundary is coded by letter on each quadrangle map to a verbal description Categories as listed below. Except where otherwise noted. the water use classifications along any shore- line reach and between any two boundary line designations run parallel to the general coas- tal trend and extend 500 feet seaward from the mean high water mark. All water areas within the bounds of channel markers as depicted on U.S. Department of Commerce Nautical Charts # 13221 and 13205 (1978) are considered navigation channels. and are clas- sified as 3. 4. 5, or 6 waters, as appropriate. Legend S- Water use category Type I conservation areas (Section 200. 1 Type 2 low-intensity use ISection 200.2) Type 3 high-intensity boating (Section 200.3! Type 4 multipurpose waters ISection 200.4; Type 5 commercial and recreational harbors (Section 200.5) Type 6 industrial waterfronts and commercial navigation channels (Section 200.6] - Boundarv between water use categories Z Coastal wetland in Type 3 4 5 and 6 waters designated for preservation (Section 210.3) Boundary of barrier beaches (Section 210.2 and Table 4) D developed barrier beach M moderately developed barrier beach U undeveloped barrier beach Erosion-prone area requiring additional set- backs for selected structures (see Section 140) (Al 75-foot setback (B) 120-foot setback (C) 150-foot setback (D) 180-foot setback Watershed of poorly flushed estuaries where the review of proposed subdivisions is required i (Section 320) 97 Watch Hill Quadrangle a A straight line extension of the northern boundary of Cardone's Marina. b A straight line extension of the south side of the industrially zoned area. C A straight line across the entrance to Watch Hill Cove from an extension of the western side of Meadow Lane to the tip of the jetty on the north side of Napatree Beach. d Straight line extensions of the outsides of each of the two jetties at the breachway entrance to Winnipaug Pond. 98 - ------ -- -. >- 7 -.--, - .-- 8ts. A 2 . . -4-- 4 . - V t. / - * - N / / 99 Quonochontaug Quadrangle a Straight line extensions of the outsides of each of the two jetties at the breachway entrance to Ninigret Pond. b A straight line along the Ninigret Pond shoreline across the entrance to Foster Cove. C A straight line along the west side of East Beach Road. d Straight line extensions of the outsides of each of the two jetties at the breachway entrance to Quonochontaug Pond. 100 '.7' -. 4 0 101 Kingston Quadrangle a A straight line running south along the h A line across Congdon Cove from the outside of the eastern jetty at the Point southern tip of the peninsula on the west Judith Pond breachway. side of Billington Cove to the southeastern tip of Cummock Island; thence turning due b A line running generally southerly, follow- westerly until it touches the mainland on ing the outside of the western jetty and the south side of Congdon Cove. breakwater at the Point Judith Pond breach- way and Harbor of Refuge. i A straight line running generally westerly from the border between the RL80 and c A straight line running generally north open-space zones on Gooseberry Island to along the eastern side of the Point Judith the border between the open-space and Pond breachway. and extending into pond commercial zones south of the Kenport waters to a point where a perpendicular Marina. with the Port of Galilee bulkhead is a distance of 200 feet: thence turning gener- A straight line running from a southern tip ally northeasterly, then generally north- of land now or formerly of Collins/Bassett. westerly, then generally northeasterly Murray to the most easterly side of a again, paralleling and maintaining the 200- small salt marsh on land now or formerly of foot distance from the bulkhead, to a point Woodcock/Roberton/McCall. south of Little Comfort Island. it being the point northwest of the northwest corner of the Galilee bulkhead; thence turning an angle generally to the southeast and run- ning until it connects to the northwest corner of the Galilee bulkhead. d A straight line running generally north along the western side of the Point Judith Pond breachway. and extending into pond waters to a point where a perpendicular with the Jerusalem shoreline is a distance of 200 feet. Thence turning generally north- northwesterlv. maintaining the 200-foot distance from the shoreline, and extending to the end of state property. Thence turning a right angle to the west and running until it connects to the shoreline. e A line along the eastern side of the bridge between Galilee and Great Island. f A straight line running from the most western tip of Little Comfort Island to the most eastern tip of High Point. g A straight line across Smelt Brook Cove from the eastern tip of Buttonwoods Point to the eastern tip of Crown Point. 102 103 Narragansett Pier Quadrangle a A straight line from the southern end of Maple Avenue to the end of the large wharf at Beaverhead. b A straight line from Southwest Point to the tip of Short Point. C A straight line extension of the south side of Bonnet Shores Road. d A straight line across the entrance to Pettaquamscutt Cove from the northern- most tip of land at Little Neck west of the Sprague Bridge, thence generally northwes- terly, touching the northeastern border of the wetland called "sedge beds,". thence continuing straight to where it meets land on the northern part of the cove entrance. e A straight line across the entrance to the Narrow River from the south side of Clump Rocks to the tip of the Narragansett Beach barrier spit. f A line across the northernmost side of the Route I bridge. g A straight line running from west to east through the center of Nun buoy,"'24. h A straight line across the inlet to Long Cove at its most narrow point. iA straight line across the inlet to Champlin Cove from the tip of Cedar Point to the southernmost point on Harbor Island. A line along the outside of the Harbor of Refuge breakwater. 104 .. * ...- -. 2 V.., . __ \. - 2 - L 4 .. PA C. 2. .--- - / I *..* I. - / - .: - / '%. If / -- / F 4. - N- / / ----;*'1 -- .. 4 .---- * di,ju&. g / / / / -i. -/ - p. / '-, r A .\ Z* E -1 .\* 2 b, - 4 2 L.-' ) 105 Wickford Quadrangle a A line along the east bulkhead wall in the m A straight line along the western side of the small embayment on the south side of the long pier at the end of Enfield and Esmond Allen Harbor entrance channel, extending Streets. northerly across the channel to where it meets the opposite shore. n A straight line extension of Pleasant Street. b, c Boundaries were removed prior to Pro- 0 A straight line across the entrance to Duck gram adoption. Cove at its narrowest point from the northern side of the small peninsula. run- dA straight line extension from the end of ning generally southeasterly to where it the fence separating former Navy lands meets the opposite shore on Little Tree from private lands. extending offshore Point. 2.000 feet. then turning generally easterly and running to a point where it meets the p A straight line along the north side of southern side of the Navy channel. Waldron Avenue. e A line along the western side of the q A straight line along the south side of the breakwater from Sauga Point, running industrially zoned land. across the entrance channel to Wickford Harbor and along the western side of the r A straight line extension of the boundary breakwater from Poplar Point. between the RL and RH zones. fA straight line from the base of the s A straight line extension of the southern breakwater at Sauga Point to the eastern border of the open-space zone on the east tip of Cornelius Island. side of the Pettaquamscutt River. g A straight line across the entrance to Wickford Cove from the tip of Big Rock Point to the tip of the northern peninsula at the end of West Main Street. h A line along the western side of the bridge on Brown Street. iA line along the south side of Hussey Bridge. A straight line across the southwestern side of the old railroad causeway. k A straight line from the northeast side of Rabbit Island to the tip of Calf Neck. IA straight line from the southern tip of Rabbit Island to the western side of the launching ramp at Long Point. 106 S. 4 a 6 4 4* p 7> * 'I S - - * K - K' - -. 'N -V C- _ K N. p *- * 5-- * N -. *5 * * 'p * :::..: * p 1.07 East Greenwich Quadrangle a A straight line extension from the south m A straight line from the northern end of side of a launching ramp facility on the Narragansett Street. northern side of Passeonkquis Cove. nl A straight line from the northern boundary b A straight line running from a point of land of Navy property. on the south side of Occupessatuxet Cove to the tip of the peninsula on the east side of the cove. C A straight line from the northern side of the end of Randall Street to the base of the easternmost groin at Oakland Beach. d A straight line from the base of the westernmost groin at Oakland Beach to the base of the easternmost groin on Button- wood Point. e A straight line from the tip of Cedar Tree Point to the south side of the breakwater at Folly's Landing. f A straight line from the northern border of the commercially zoned area to the tip of Long Point at Goddard Park. g A straight line running due east from the south side of the sewage treatment plant property across Greenwich Cove to where it intersects with land at Goddard State Park. h A straight line extending northerly from the eastern border of Goddard State Park. A straight line along the western side of Beachwood Drive. j A straight line across the creek entrance south of Sandy Point. k A straight line from the end of Bradford Avenue. I A straight line from the southeast tip of Marsh Point to the tip of Pojac Point. 108 -V A 7' .- -. .. CU- t r 1 I. - h-k- .4! Ar; * .1 - -r4-- -$ A RWiC / j N 2K 'I Y-,.------ j* jt. N * br( S.- V - -' * Pr / ¾ -\ ACJV<. . '-WI N -U- '4 t. It I /tt I --.4,-. 3 it I - . 1: * .4 t - -'4 N. ¶ L - 7 I' -I, t * .- - '-C- .1* £ - * . - - * I 109 Providence Quadrangle a The base of the falls at the city of Pawtucket.. b A straight line running generally WNW from the Union Oil property boundary south of Bold Point in East Providence to the wes- terly boundary of India Point Park in Providence. c The western edge of the former railroad causeway. d The western edge of the former railroad causeway. e From the southern side of the Port Edge- wood breakwater. thence easterly to the dolphin on the east side of dredged access channel to Fields Point. thence southeast to the southern boundary of the Mobil Oil Company property in East Providence. f The base of the falls at the Pawtuxet River. g A straight line running northwesterly from the easterly side of the Pawtuxet Cove breakwater to the tip of Pawtuxet Neck. h The northern side of the rubble-mound connector running easterly from the north- east tip of Salter Grove to the Pawtuxet Cove breakwater, 110 'k. - - 'C.. N . -A.... - . \j, *:> I 6- , 4 -M.. 7 4 r - .-. \..4 N ., r1 7, 4 K I, I., -. * !;,- . 4 CC 1' 111 East Providence Quadrangle a The western edge of the former railroad causeway. b A straight line running generally westerly from the southern end of the Mobil Oil Company property to the dolphin on the east side of the dredged access channel to Fields Point. thence to the south side of the Port Edgewood breakwater in Providence. c The northern side of the culverts and breachways under Crescent View Avenue. d The tip of the small peninsula at the southern side of Walker Farm, Barrington. 112 * j. -- '4,. 4, 4 . 4 4,. -. 'I . '1 ', . N .4 '1* 8 'k.-- 6... -'I -b 4 N -.-.. --- - -.. -. / 4,2 .' e 2 ,-. .,*. 3 113 Bristol Quadrangle a A straight line along the southern bulkhead p At the Bristol/Warren town line. wall of Lavin's Marina, then straight across the channel to where it connects to land on q Along the inside of the new bridge. the opposite shore. r A straight line from the boundary between b A line from the southeastern end of Bland- RM20 and RM40 zones on Popasquash ing Avenue, running generally southeast- Neck to the boundary between the indus- erly across the channel to where it meets trial and commercial zones on the Bristol the end of Willow Way. waterfront. c A line along the edge of a salt marsh at the S The northern side of the bridge or culvert end of Appian Way. to Mill Pond. d The outlet of a small pond and stream t The eastern side of the bridge over Silver south of Beach Road. Creek. e The northwestern border of the salt marsh. u A straight line extension of Fairview Avenue. f A straight line extension of Adam's Point Road. v The eastern side of the Mount Hope Bridge. g A straight line extension of the south side w The eastern side of the pier at Weyerhauser of Ferry Lane. Lumber. h Along the southern side of the old railroad x A straight line extending easterly from a causeway. point 50 feet north of the edge of the adjacent marsh. iAlong the westerly side of the Barrington River at the tidal creek entrance. y A line extending northerly from the north- ern tip of Hog Island. A straight line from the north side of the end of Stanlev Avenue running due easterly z The outlet of Mill Creek. to a point of land on the opposite shore. aa A straight line from the tip of Gull Point k Along the pipeline crossing of Belcher Cove. running generally south-southwesterly. to the boundary between state and private IAlong the southern side of the old railway lands on Prudence Neck. (The water use causeway. classification boundary around the north end of Prudence Island and Patience Island m A straight line extension of the south side follows the 18-foot bathymetric contour of Company Street. line. This is consistent with the boundary of the area protected by provisions of the n At the southern end of the industrially federal Estuarine Sanctuary Program.) zoned area. bb A straight line extension of Talcott Street. O At the outlet of a small stream south of Locust Street. cc A straight line extension of River View Street. 114' S 4 -i--i S AJ 5>r -$ 4 A 4 5\ * / 1' - v4 // 4 4 / .& 'I S 115 Prudence Island Quadrangle a A line perpendicular to the shore from the k A straight line extension from the southern southern side of the rocky extension north side of Weeden Lane. of Prudence Park. I A line bordering the southern side of the b A line from the outlet of a'small, westerly Newport Bridge. flowing stream south of Prudence Park and north of Crow's Swamp. c A straight line extension of the boundary between public state park lands and pri- vately owned lands. d A line connecting the westernmost points of land bordering the entrance into the Bend Boat Basin. e A line connecting to the southernmost border of D, above, and extending westerly 50 feet from shore: thence generally south- erly, maintaining a 50-foot distance from shore and the outer perimeter of the wharves and piers of the Melville industrial facility: thence easterly to connect land at a point 50 feet south of the southernmost pier. f The northern border of the rubble-mound breakwater. g A line extending out to meet the tip of the rubble-mound breakwater from the north- ernmost tip of Coddington Point. h A line bordering the southernmost side of the northern bridge connecting Coaster's Harbor Island to Aquidneck Island. i A line bordering the northern side of the bridge on Training Station Road which connects Coaster's Harbor Island to Aquid- neck Island. A straight line extending from the southern tip of Coaster's Harbor Island to a point where it meets with a straight line exten- sion of an unnamed road. 116 4 1 2 4- 4 / .41 a . 2 j1 - 2 .. ..-. V - b / C S. / t ... '.4 4 4/ *,2' * 4- .- 2 L. f -. 4/ - 4 './ 4-. - / 4 *I 4 / 4 1...'--- 4 4 .- N 2 >1 - g .4 - - - - - Il .. 7Z,:&.7p$:L§. *'>- t x4 .4 i 4 - .. :27 - 4 * 2 117 Fall River Quadrangle a A straight line from the tip of the peninsula at end of Narrows Road in Bristol to the tip of the peninsula near the end of Brownell Street in Warren. b A straight line extension along the south side of the large pier south of the Haffen- reffer Museum. c A straight line from the southern border of the industrially zoned area in Tiverton to the tip of the peninsula on the north side of Brewer's Marina in Portsmouth. d A straight line along the west side of the bridge connecting Point Road and Hum- mock Avenue at the entrance to Blue Bill Cove. e A straight line connecting the north sides of the abutments of the former Old Stone Bridge. 118 -- 7 -' ----¾ - 1" - I . . 1' / 'N - ',,1 a 4 If / / -3 '4-, 'It -ft. / It lv ,-. '%- fl's -49 C. -y 'I 119 Tiverton Quadrangle a A straight line extension of Robin Road. b A straight line extension of the south side of Island View Road. c A straight line at the north side of the Nonquit Pond Dam. 120 7r.: - --- ____ S 1: 2 1 b - -x.- - - .A. 1*1 *--- ** U *' - - 1 & U 2 * N / 0. -. --I I U -I - -. .*- -I -' .. ..x- \;- t --I 1j...f"; *-*.- K iS 121 Sakonnet Point Quadrangle a A straight line across the entrance to the Sakonnet River from the tip of Sachuest Point to the southern tip of West Island near Sakonnet Point. NOTE: Water use categoriesfor Sakonnet Harbor were not designated on June 28. 1983. 122 12 Newport Quadrangle a A line along the southern side of the Newport Bridge. b A line along the northern side of the causeway to Goat Island. C A straight line commencing in the south- east corner of Newport Harbor. running generally northwesterly through the so- called "Spindle marker," to the point where it meets the edge of the federally estab- lished and maintained anchorage area. then generally northerly along the eastern side of the anchorage area. thence westerly to the southern boundary of the Port of Call Marina on Goat Island. d A straight line extension from shore along the western side of the pier. e A straight line extension from shore along the southern side of the state-owned boat launching ramp. f A straight line extension from the nor- theastern tip of the Fort Adams anchorage basin easterly to the southern light on Goat Island. g A straight line from shore along the south- ern side of the docking area at Fort Cove. 124 a Zr - .<. -t <7 W1¶L . r 21 ii .k. 4 N - - A 1' - * N A - ' --.-.-. .. - - - - .- - - ---- - ,o-.- - £tWDCRt 125 Block Island Quadrangle a Straight line extensions of the outsides of each of the two jetties at the breachway entrance to Great Salt Pond. b See note below. C A line along the outside of the west breakwater. d A line along the outside of the east breakwater. NOTE: Water use categoriesfor the Block Island salt ponds were not designated on June 28, 1983. 126 'S 4 4 4 / D \ .- - - Iw c.j - 4 --I M 4 -. j.-. C d (I.: - V - .4 4 4 S 127 FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT Amendments to the Rhode Island Coastal Management Program A. The State of Rhode Island Coastal Resources Management Program Amended June 28, 1983 and December 13, 1984. B. The State Guide Plan Overview adopted September 1984 (Selected Portions) C. The Salt Pond Region Special Area Management Plan, adopted December 1984 D. Revised Description of Coastal Boundary U. S. Department of Cammerce National Oceanic and Atmospheric Administration Office of Ocean and Coastal Resource Management March 1986 Rhode Island Coastal Resources Management Program Amendment and Final Supplemental Environmental Impact Statement Page Summary and Reference Documents 1 II Purpose and Need for Action 2 III Description of the Proposed Action 3 A. Coastal Resources Management Program - Procedural and Mechanical - Substantive B. State Guide Plan Overview C. Salt Pond Region Special Area Management Plan IV Federal Alternatives 12 V Description of the Affected Environment (Contained in Part II of Attachment A) VI Environmental Consequences of the Proposed Action 14 VII Consultation 17 VIII List of Preparers 18 IX List of Agencies, Organizations and Persons to Whom Copies of the DEIS Were Sent 19 X Response to Comments Received on DEIS 23 *Copy of Comments Received Attachments (Attachments were circulated with DEIS and have not been changed.)* *A. The State of Rhode Island Coastal Resources Management Program, amended June 28, 1983, and amended December 13, 1984. *B. State Guide Plan Overview *C. Salt Pond Region Special Area Management Plan *D. Revised Description of the Coastal Boundary (substitution for Section 3 of Appendix C of original Rhode Island Coastal Management Program). * Ccpies may be obtained from: 1. Office of Ocean and Coastal Resource Management 3300 Whitehaven St., N.W., Washington, D.C. 20235 2. Coastal Resource Management Council 60 Davis Street, Providence, R.I. 02908 DESIGNATION: FINAL suPPLEMENTAL ENVIRoNMENT IMPACT STATEMENT TITLE: Proposed Federal Approval of an Amendment to the Rhode Island Coastal Management Program ABSTRACT: The Rhode Island Coastal Management Program was approved by NCAA in 1978. After several years of operation the State has found methods to streamline its permitting process and found several policy areas needing additional specificity. The Governor of Rhode Island has requested NOAA to add 3 documents to the Program which are: 1) the Rhode Island Coastal Resources Management Program as amended June 28, 1983 and amended December 13, 1984 which will replace Chapters 1-5 of the original Program; 2) selected/ relevant sections of the Rhode Island State Guide Plan Overview; and 3) the Rhode Island Salt Pond Region Special Area Management Plan. The amended Rhode Island Coastal Resources Management Program (RICRMP) allows a streamlined processing of routine project permits by allaowing staff review and approval instead of requiring all permits to go before the full 17 member Coastal Resource Management Council (CIRMC), as was required in the original RICRMP. It also establishes a "layered" management approach which imposes specific regulatory requirements based on: (1) the type of water body which is adjacent to an activity beirng proposed; (2) the shoreline feature, such as a beach or wetland, on which an activity is proposed; and (3) the type of activity, such as housing or a marina, that is being proposed. In the 21 coastal caommunities, selected sections of the State Guide Plan are proposed for incorporation into the RICRMP to assure continued compliance with the requirements of Section 923.82(a) (1) (i) (A) of the Coastal Zone Management Act (CZMA) regulations which require the amended program boundaries to be of sufficient width to incorporate land and water uses with direct and significant impacts on the coastal waters. Since the jurisdiction of the CB4C is limited, the inclusion of relevant sections of the State Guide Plan into the program assures that significant State and Federal activities will be consistent with the coastal program in all coastal communi- ties. The Salt Pond Region Special Area Management Plan is proposed for incorporation because it provides more detail on CRMC policies in the Salt Pond area and expands the inland boundary of CRMC for certain activities. APPLICANT: The State of Rhode Island LEAD AGENCY: U.S. Department of Cuommerce National Oceanic and Atmospheric Administration Office of Ocean and Coastal Resource Management CONTACtr: Ms. Kathryn Cousins, North Atlantic Regional Manager Office of Ocean and Coastal Resource Management 3300 Whiitehaven Street, N.W., Washington, D.C. 20235 (202) 634-4126 0 I. Summary This amendment to the Rhode Island Coastal Management Program (RICMP) consists of three documents: (1) The State of Rhode Island Coastal Resources Management Program (RICRMP) amended June 28, 1983 and amended December 13, 1984. This document will replace Chapters 1-5 of the original Rhode Island Coastal Management Program which received Federal approval May 12, 1978. (2) Relevant sections of the State Guide Plan Overview adopted by the State Planning Council September 13, 1984. (3) The Salt Pond Region Special Area Management Plan. The amendment necessitates a revised description of the Coastal Boundary which was in Section 3 of Appendix C to the original Rhode Island Coastal Management Program. This revision is Attachment D of the FSEIS. The Governor of Rhode Island has submitted the amendment package to the Federal Office of Ocean and Coastal Resource Management (OCRM) for incorporation into the RICMP. The proposed Federal action is the National Oceanic and Atmospheric Administration (NQiA) approval of the incorporation of these changes into the RICMP pursuant to NCAA's regulations on Amendments to Approved Management Programs, 15 CFR 923 Subpart I. Federal approval of the amendment would allow continued Federal funding support for the RICMP and reliance upon the enforceable policies of the amendnent for Federal Consistency. When NCQA approved the RICMP in 1978, NOAA prepared programmatic draft and final environmental impact statements. This environmental impact statement relies on parts of those documents for comprehensive discussions of the affected environment, alternatives considered, and environmental consequences of the proposed Federal action and supplements that information as necessary to describe the changes which have been proposed by the State of Rhode Island. A final decision on the approvability of the amendment will be made after issuance of this final supplemental environmental impact statement and notice is published in the Federal Register. The notice will provide for a 30-day canment period. The charges contained in the RICRMP have been proposed to reflect the experience of 12 years of program operation. The revised program allows a streamlined processing of routine project permits by allowirg staff review and approval instead of requiring all permits to go before the full 17 iember CRMC, as was required in the original RICMP. The amended program also establishes a "layered" management approach which imposes specific regulatory requirements -2- based on (1) the type of water body which is adjacent to an activity being proposed, (2) the shoreline feature, such as a beach or wetland, on which an activity is proposed, and (3) the type of activity, such as housing or a 0 marina, that is being proposed. In the 21 coastal communities, relevant sections of the State Guide Plan are proposed for incorporation into the RICMP to assure compliance with the requirements of Section 923.82(a)(1)(i)(A) of the Coastal Zone Management Act (CZMA) regulations which require the amended program boundaries to be of sufficient width to incorporate land and water uses with direct and significant impacts on the coastal waters. The jurisdiction of the CRMC is limited to situations in which there is a reasonable probability of conflict with a plan or program for resources management or damage to the coastal environment and to seven categories of land uses regardless of where they occur in the State. The inclusion of the State Guide Plan assures where significant State and Eederal activities will be required to be consistent with the coastal program in all coastal caomunities. The Salt Pond Region Special Area Management Plan is proposed for incorporation into the RICMP as an amendment because it provides more detail on CRMC policies in the Salt Pond area and expands the inland boundary of CRAC for certain activities. Reference Documents The following reference documents were used by the OCRM during the environmental review of the proposed amendment: 1. Rhode Island Coastal Management Program and Final Envirornmental Impact Statement (May, 1978). 2. State of Rhode Island Coastal Resources ManaGement Program (RICRMP) as amended June 28, 1983 and amended December 13, 1984. 3. Salt Pond Region Special Area Management Plan, 1984. 4. The Rhode Island State Guide Plan Overview adopted September 13, 1984. Items 2-4 are in attachments A, B and C of this Environmental Impact Statement. All documents are available for inspection at the OCBM, 3300 Sitehaven Street, N. W., Washington, D. C. 20235 and at the Coastal Resources Management Council, 60 Davis Street, Providence, Rhode Island 02908 and the Statewide Planning Office, 265 Melrose Street, Providence, Rhode Island 02907. II. Purpose and Need for Action A. Increase Predictability and Consistency In Management of Coastal Resources: Managerrent of coastal resources requires a sensitivity to the unique interaction between activities and the environment. The RICMP adopted in 1978 accam.odated this uniqueness by vesting in the Coastal Resources Management Council (CRC) considerable discretion in the interpretation and implementation of broadly applicable management policies. While this approach by and large allowed the CRMC to consider the uniqueness of individual applications, it has occasionally done so at the expense of predictability and consistency. This has imposed a burden on applicants and other interested parties. -3- Over the years, specific management policies have been refined and tightened on the basis of empirical experience. Enough has been learned over the last five years to justify the comprehensive revision. This revision sets forth regulatory policies which apply to specific resource types and various categories of activity, which are now brought together to accommodate the particulars of an application in defining what is permissible and what is not. B. Streamline the Administrative Process: The RICMP, in force since 1978, requires all proposals subject to CRAC jurisdiction to undergo essentially the same administrative process, regardless of their scope or complexity. Relatively straightforward and routine proposals such as construction of a residential dock generated nearly as much paperwork and required as much staff time as a major construction project. This imposed a considerable inconvenience on applicants proposing routine projects and an unacceptable administrative cost in times of scarce resources. The segregation of a category of activities for administrative decision-making, so called Category A Assents, is designed to address this problen by allowing proposals that are amenable to construction standard/building code type regulation to be processed by staff with a reduced level of paperwork and onsite investigations. This will in turn accamnDdate quick turn around decision making at the administrative level in appropriate circumstances. C. Incorporate Field Experience Into the Regulation Process: The regulatory program implemented by the CR4C under authority of State law has been in force for over ten years. During that time a great deal of practical field experience has been accumulated. A body of construction standards have routinely been recommended by staff to be attached to CRIMC assents as permit stipulations. These standards define acceptable performance and design standards for various classes of facility such as piers, seawalls, boat ramps and the like. The amended RICRMP spells out these standards and where they apply so that the prospective applicant or his engineer can accom- modate them "up front" in his design, thereby saving time and expense on his part and staff time on the CRAC's part. The identification of detailed construction standards also supports the administrative permitting (Category A) process by sharply reducing the level of subjectivity involved in making routine management decisions. D. Incorporate Relevant Sections of the State Guide Plan Into the Coastal Program: While the incorporation of relevant sections of the State Guide Plan into the Coastal Program does not make any changes in existing State operations, policies or procedures, it widens the coastal boundary to include all coastal communities. Its incorporation enhances Rhode Island's ability to meet the requirements of the Federal Coastal Zone Management Act regarding an adequate inland boundary to manage all land uses which will have a significant impact on the coastal waters. Previously the State met the inland boundary requirements of the Act by reviewing individual sewage disposal system (ISDS) permits one mile inland for consistency with all the coastal policies. In practice, this was a boundary difficult to manage because citizens did not expect to have ISDS permits reviewed for consistency with all the coastal policies, only for water quality issues. While the State Guide Plan has applied to State agency -4- actions since 1978, incorporation of the relevant sections into the Coastal Management Program will allow its enforceable policies to be applied through Section 307 of the CZMA to Federal activities, permits and financial assistance directly affecting or affecting the coastal zone. These proposed amendments make no changes to the traditional powers and authorities of local governments or their relationship to the CRMC. In all cases zoning or other regulatory requiremnts established by local governments must be met before a project can receive a CRMC permit. These amendments involve changes to CRMC procedures and incorporate the existing State guide plan into the Federally approved coastal program but make no changes to the important local goverrment authorities. - III. Description of the Proposed Action The proposed action is the approval of the proposed amendment into the Rhode Island Coastal Management Program. The amendment consists of three documents --(1) the State of Rhode Island Coastal Resources Management Program amended June 28, 1983 and amended December 13, 1984, (2) relevant sections of the State Guide Plan, and (3) the Salt Pond Region Special Area Management Plan. These documents are attached to this EIS. Approval of these documents requires amending the coastal zone boundary, as it was originally described in Appendix C, Section 3 of the RICMP and FEIS. They are summarized in this section. A revised Section 3 of Appendix C is contained in Attachment D of this FSEIS. A summary of the proposed action is provided in this section. A. The Rhode Island Coastal Resources Management Program Amended June 28, 1983 and December 18, 1984. Since this part of the amendment replaces Chapters 1-5 of the previously approved Coastal Resources Management Program, this summary will only cover new or changed policies or procedures from the original coastal program. The sumuary is divided into procedural and mechanical changes and substantive changes. Any activity which has a reasonable probability of conflict with a plan or program for resource management or damage to the coastal environment must receive a permit from the CRMC, as well as all local and Federal permits. The CRMC has listed the activities on pages 23-29 of the RICRMP (Attachment A to this FSEIS) which will require a permit if the activities are (1) in the tidal waters, (2) on a shoreline abutting tidal waters or a coastal pond and/or (3) within the 200 foot contiguous area landward of a coastal feature (defined as beaches, dunes, barrier beaches, wetlands, coastal cliffs, bluffs and banks, rocky shores and man-made shorelines). Seven additional specific land uses must receive a CRMC permit regardless of where they are to take place in the State. 1. Procedural and Mechanical Changes: 1.1 Administrative Assents: For certain categories of proposed activity, namely those of a routine nature which are amenable to clear, concise and broadly applicable construction standards, such as mosquito control ditching in tidal water, residential structures on developed barrier beaches, and non-structural shoreline protection on beaches and dunes. Staff level application review and approval countersigned by the CRMC Executive Director is provided. These "Category A" activities are identified in Table I (on pp 22-28) of the amended RICRMP and the relevant standards are described in Part III, activities under council jurisdiction (pp. 66-89).* 1.2 CRMC Assents: Applications which are not amenable to the administrative assent procedure described above, are called "Category B" activities and are identified in Table 1 of the amended RICRMP. The full CRMC reviews and acts on Category B activities as it has for all applications under the RICMP formerly in effect. (Section 110, p. 21) 1.3 Variances: A process to allow the full C1MC to review and rule on minor and technical variations from Category A construction standards is provided. Assents may be issued where the variance will not result in a violation of the RICRMP's policies. (Section 120 p. 29) 1.4 Special Exceptions: A process to allow for the CRMC to approve under very limited conditions projects which would otherwise be in violation of the RICRMP is provided. Essentially, a rigorous "compelling public purpose/benefit ' test is applied with the burden of proof on the applicant. (Section 130, p. 29) 1.5 Fees: This section requires that a fee be charged for creation of land by filling, the dead storage of vessels, and aquaculture activities. Factors to be considered in establishing the fee are included. (Section 160, pp 31-32) Page numbers refer to The State of Rhode Island Coastal Resources Management Program -6- 1.6 Informational Requirements: A new Section 300.1 (p. 66) sets forth broadly applicable informational requirements which apply to all proposals requiring a Category B CR4C assent. 1.7 General: The amended RICtW4P accommodates the differing impacts otherwise comparable proposals can have on different sites by imposing a "layered" management approach. In this approach, the specific regulatory requirements which are imposed on a given proposal include: a) those that apply to all activities proposed for a discrete category of coastal feature or water body and, b) those that apply to a discrete type of activity regardless of where it is proposed to be undertaken. By way of example, an individual proposing to build a house on a developed barrier beach would be subject to regulations affecting the type of adjacent water, barrier beaches as a shoreline feature, and those governing site alteration and residential structures as classes of activity. 1.8 Municipal Harbor Regulations: This new section imposes an obligation on municipalities to notify the CI14C of regulations pertaining to harbor navigation and berthing. (Section 310.15, p. 85) 2. Substantive Changes: 2.1 Setbacks: A consistent policy on construction setbacks is articulated. A setback of 50 feet is required from sensitive coastal features, while in erosion prone areas the setback is co oputed at 30 times the average annual erosion rate. (Section 140, p. 30) 2.2 Buffer Zones: Again, a consistent policy is articulated which describes the specific values and considerations that will be applied by staff to establish buffer width recommendations for consideration by the full CRMC. A buffer zone defines an area within which pre-existing natural conditions may not be altered. (Section 150, p. 31) 2.3 Establishment of 6 Classes of Water Types for Entire Shoreline: The original RICMP did not regulate what could happen on the land or water according to the type of water adjacent to the proposed activity. The revised program divides the entire shoreline into six types of waters (rarging from conservation to industrial). The specific standards set for activities proposed adjacent to each type of water are described for a. Conservation Waters (Type I): Nearly all alterations are prohibited to protect scenic, habitat, and water quality values. (Section 200.1) b. Low Intensity Waters (Type II): Recreational activities and residential piers are permitted, but commercial activities are rigorously controlled. (Section 200.2) c. High-Intensity Boating Waters (Type III): Marina development is encouraged as a high priority use of these areas. (Section 200.3) d. Multipurpose Waters (Type IV): Balanced use supporting a broad range of activities is the priority. (Section 200.4) e. Commercial and Recreational Harbors (Type V): Priority is given to water dependent or enhanced activities. Activities that interfere with navigation, berthing, access and other port related activities are discouraged. (Section 200.5) f. Industrial Waterfront and Commercial Navigation Channels (Type VI:) Activities which interfere with ccnmnercial berthing, offloading, and other industrial-related activities are prohibited. (Section 200.6) 2.4 Beaches and Dunes: Construction is permitted under limited conditions to accommodate a designated priority use, such as public use and enjoyment of public beaches abutting Type 2 waters, and where no other alternatives exist. (Section 210.1, pp 51-53) 2.5 Barrier Beaches: An erosion rate factor is imposed to establish construction setbacks on developed beaches. A new category of "moderately developed" barrier beaches is established in which roads, public recreational facilities, or utility lines but no other structures are located. Existing facilities on these beaches may be maintained, but not expanded. (Section 210.2, pp 54-55) 2.6 Coastal Wetlands: Minor alteration of wetlands to allow for construction of residential piers and shoreline protection facilities is allowed in Type II waters and above. Other mapped wetlands are protected from alteration while certain low value wetlands adjacent to heavily utilized waterbodies may be altered to support priority uses where no alternative exists. (Section 210.3, pp 56-57) 2.7 Coastal Cliffs, Bluffs and Banks: Designated sites are protected franom alterations which would detract from their scenic, erosion hazard or ecological value. (Section 210.4, pp 58-59) 2.8 Rocky Shores: Protections similar to those described for coastal cliffs have been adopted. (Section 210.5, p. 60) 2.9 Man-Made Shorelines: Policies provide for the maintenance of shoreline protection features. (Section 210.6, p. 61) 2.10 Areas of Historic and Archeological Significance: Modification or prohibition of activities which could adversely affect properties in the National Register of Historic Places is required. (Section 220, p. 62-63) 2.11 Filling, Removing, or Grading of Shoreline Features: This new section brings together all the detailed construction standards and requirements which in the past have been recommended by staff as conditions on CR4C assents. These will no longer be applied on a discretionary basis, but as a matter of course in all cases. (Section 300.2, pp 66-68) 2.12 Residential, Cmmercial, Industrial and Public Recreation Structures: Again, detailed construction standards which %ere previously imposed as assent conditions or stipulations are enumerated for uniform application. (Section 300.3, pp 68-70) 2.13 Recreational Boating Facilities: As in 2.12 (Section 300.4, pp 7.0-73) 2.14 Sewage Treatment and Disposal: Detailed construction standards are described. (Section 300.6, pp 74-76) 2.15 Construction of Shoreline Protection Facilities: Applicants are required to demonstrate that a proposed facility will not cause erosion elsewhere, is properly engineered, is likely to solve the problem it is designed to address, and will be adequately maintained. In addition, numerous construction standards are set forth. (Section 300.7, pp 76-78) 2.16 Dredging and Dredged Material Disposal: Detailed standards are described. General requirements are otherwise as per the unanended RICR4P. (Section 300.9, pp 79-81) 2.17 Filling In Tidal Waters: Filling is generally prohibited except the minimum necessary to support a priority use and then only when no alternative exists. (Section 300.10, p. 81) 2.18 Public Roadways, Bridges and Parking Lots, Railroad Lines, and Airports: These activities are generally prohibited on coastal features or in coastal waters, but will be considered where proposed under the Special Exception (Section 130) provisions of the RICR4P, as amended. (Section 300.13 pp 83-84) 2.19 Maintenance of Structures: This new section describes the conditions under which maintenance of facilities subject to CRMC jurisdiction requires a permit and when it does not. (Section 300.14 pp 84-85) 2.20 Inland Activities and Alterations That May Be Subject to CRMC Jurisdiction: This section describes activities over which in certain circumstances C14C has jurisdiction. It requires that subdivision proposals of six units or more or facilities requiring one acre or more of parking, any portion of which extends onto a shoreline feature or its contiguous area, or is within the water- shed of an identified poorly flushed estuary, are required to apply for a CRMC assent. Individuals who develop parcels within a CRMC approved subdivision need not apply for further CRMC approval if they conform to stipulations placed on the subdivision assent. (Section 320, pp 87-88) 2.21 Guidelines for the Protection and Enhancement of the Scenic Values of the Coastal Region: This new section sets forth the high priority given preservation of scenic values by CRMC and describes guidelines for preserving these values. (Section 330, p. 89) B. The State Guide Plan Overview The State Guide Plan Overview contains policies of the State Guide Plan which have been adopted in several elements over the last six years. It is binding on all State agency plans and projects. It consists of an explanation of the legal authorities and procedures by which the Guide Plan operates, a summary of the Goals and Policies, and a chapter on each of the major policy issues, i.e., reuse of surplus Navy lands, land use, recreation, conservation and open space, forest resources, transportation, economic development, housing, water resources and five geographically specific water management plans. Cnly those policies and chapters that deal with coastal issues will be amended into the RICMP. For purposes of the coastal management program, the guide plan is in- corporated only in the 21 coastal communities. These chapters selected to be included in the coastal management program are listed here and contained in Attachment B of this FSEIS, the State Guide Plan Overview. BACKGROUND HISTORY STATESIDE PLANNING PROGRAM STRUCTURE State Planning Council Comamittees Office of State Planning STATE GUIDE PLAN Statutory Authority Procedural Requirements Implementation of the State Guide Plan SUM4MA/ OF STATE GUIDE PLAN ELEMENTS GOALS AND POLICIES Introduction Issues Addressed A. Goal $6, Economic Development B. Physical Development C. Goals #2,3,4,5,6 and 7, Facilities and Services Strategies RESOURCES MANAGEMENT IN THE REUSE OF SURPLUS NAVY LANDS Introduction Issues Addressed Cbjectives Strategy STATE LAND USE POLICIES AND PLAN Introduction Issues Addressed Goals and Policies A. Goals 1. Overall Land Use Goals 2. Goals fDr Specific Geographic or Policy Areas B. Policies 1. Planning for the Environment 2. Planning for Economic Development 3. Governmental Action 4. Urban Growth 5. Open Space 6. Older Central Cities 7. Shore Region (Policies 1-7 only are part of RICMP) 8. Transportation 9. Energy Strategies A. Existing Laws and Programs B. Laws and Programs Currently Being Developed and Proposed New Ideas PLAN FOR RECREATION, CONSERVATION AND OPEN SPACE Introduction Issues Addressed Goals and Policies Strategies FOREST RESOURCES MANAGEMENT PLAN Introduction Issues Addressed Goal and Policies A. Goal B. Policies Strategies RHODE ISLAND TRANSPORTATION PLAN-1990 Introduction Issues Addressed Goals and Policies Strategies A. Highways B. Urban Public Transportation C. Marine Terminals, Waterways and Harbors D. Parking Facilities E. Intercity Terminals and Related Facilities F. Summary TRANSPORTATION ELEMENT CF THE STATE IMPLEMENTATION PLAN FOR AIR QUALITY Introduction Issues Addressed Goals and Policies A. Overall Air Quality Goal B. Transportation-Related Air Quality Goal C. Other Goals WATER RESCURCES MANAGEM4ENT AND WATER QUALITY MANAGEM4ENT Background WATER QUALITY MANAGEMENT PLAN FOR THE NARRAGANSETT BAY BASIN Introduction Issues Addressed Goals and Policies Strategies WATER QUALITY MANAGEMENT PLAN FOR THE PAWZATUCK RIVER BASIN Introduction Issues Addressed Goals and Policies Strategies WATER QUALITY MANAGEMENT PLAN FOR THE PAWItXET RIVER BASIN Introduction Issues Addressed Goals and Policies Strategies -12- C. Salt Pond Reqion Special Area Management Plan The Salt Pond Region Special Area Management Plan is contained in Attachment C. It provides a plan of action that adds greater detail to the policies, regulations and standards of the RICRMP. It supercedes the RICWMP on the following issues: Chapter One The inland boundary of the salt pond region as defined in Figure 1-2 of the Salt Pond Plan supercedes the line shown on the Quonochontaug, Kingston and Narragansett Pier Quadrangle maps contained in the RICFMP. The RICRMP will continue to designate where a review of proposed subdivisions is required. Chapter Two Within the salt pond region, the coordinated permit review procedures described in Section 220 of this Plan supercede the process set forth in Section 320 D.2. and Section 320 D.3. of the RICRIP. Chapter Four The policies and plan for dredging in Ninigret and Green Hill Ponds are an exception to, and supercede the prohibition on improvement dredging in Type 2 waters. The water use designations in this plan supercede the designation made for the Port of Galilee area on the Kingston Quadrangle map as shown in the RICRMP. All other policies, regulations and prohibitions in this Plan are in addition to the requirements of the RICRMP. A primary objective of the Salt Pond Plan is to provide new mechanisms that will coordinate the presently fragmented regulatory and planning process. This will be accomplished through (1) assigning special responsibilities to the CRMC's Samll Estuaries Committee, (2) establishing a coordinated permit procedure for major activities through which all local, State, and Federal permitting agencies commit themselves to a process of consultations to assess the impacts of major proposals within the salt pond region early in the planning process and (3) creating an action Committee that is responsible for coordinating further planning and education programs and the other non- regulatory initiatives. The coordinated permitting procedure will not alter existing authorities or change the legal basis or sequence by which permits are issued. -13- IV - Federal Alternatives to the Proposed Action The proposed action is the Federal approval of the amendment to the Rhode Island Coastal Program. In deciding whether to approve the Program amendment as submitted, it must be determined whether the amended Program meets the requirements of the Coastal Zone Management Act (CZMA). This determination ultimately requires that discretion be used in interpreting the intent of Congress. This environmental impact statement will assist in determining the adequacy of the proposed Program amendment. The Office of Ocean and Coastal Resource Management has made an initial determination that the Program amendment adequately meets the requirements of the CZMA. This environmental impact statement solicits the views of the public and affected government agencies on the specific issues outlined below. A. Alternative I: Delay or deny approval if the Amendment does not meet the requirements of the CZMA. If it is determined that these amendments are not adequate to meet the requirements of the CZMA, NOAA could delay or deny approval of the amendment until the CRMC revises the Program amendment to meet the requirements. The CRMC has direct permitting authority over all activities between the mean high water mark and the limits of the State's territorial sea. Any activity which has a reasonable probability of conflict with a plan or program for resource management or damage to the coastal environment must receive a permit from the CRMC, as well as all local and Federal permits. The CRMC has listed the activities on pages 23-29 of the RICRMP (Attachment A to this FSEIS) which will require a permit if the activities are (1) in the tidal waters, (2) on a shoreline abutting tidal waters or a coastal pond and/or (3) within the 200 foot contiguous area landward of a coastal feature (defined as beaches, dunes, barrier beaches, wetlands, coastal cliffs, bluffs and banks, rocky shores and man-made shorelines). The CRMC review extends further inland for some activities as defined in the Salt Pond Plan. It has similar authority over seven specified land uses, regardless of their location in the State, where there exists potential for damaging the coastal environment, conflicting with Council Management plans and programs, or conflicting with use allocations reflected in such plans and programs. These uses are power-generating plants, desalination plants, chemical or petroleum processing, petroleum storage facilities, minerals extraction, sewage treatment and disposal, and solid waste disposal facilities. Control over other significant uses of State concern is exercised through implementation of the State Guide Plan, specifically the consistency action required of other State agencies under Section 42-11-10 of the Rhode Island General Laws. Delay or denial of approval of the amendment could result in termination of program approval under 15 CFR 923.82(b) (3). This section states that if the State continues to implement an amendment after the State is notified that the amendment would result in a program which no longer meets Federal require- ments, then the State may be subject to termination of program approval and withdrawal of administrative funding. Such action might be required because -14- all of the portions of the amendments will be in operation in the State, most notably the 1983 Amendment to the CI%4C regulations. Federal consistency provisions of the CZMA, would no longer be applicable. Even if program approval were not terminated, affected parties would be confused over which policies apply. For example, only those policies of the program approved in 1978 would apply for Federal consistency purposes. Improved environmental protection anticipated under the Federal approval of this amendment would not be achieved as rapidly. Momentum for effective protection of the State's coastal resources, gained through the amendment of this Program, might be lost. The Office of Ocean and Coastal Resource Management has made an initial determination that the Program amendment does meet the minimum requirements of the CZMA,. However, before a formal determination is made the Office of Ocean and Coastal Resource Management will review any specific comments received on the consistency of the Rhode Island Coastal Program with the requirements outlined in the Federal Act and the specific standards for Section 305 approval provided in 15 CFR 923. B. Alternative II: Approve the Amendment to the Rhode Island Coastal Management Program. The preferred Federal alternative is to approve the amendment consisting of the three attached documents. The impacts of approval would be continued Federal approval of the program and continued application of the Federal consistency provisions of the CZMA, including the application of consistency to a new set of enforceable policies contained in the State Guide Plan and Salt Pond Region Special Area Management Plan. The environmental consequences of selecting this alternative are described in Part VI of this EIS. V - Description of the Affected Eavironment (see Part II of Attachment A) The coastal environment of Rhode Island has been previously described in the programmatic FEIS of 1978. Additional descriptions of the affected environment is found in Part II of Attachment A and throughout parts of Attachments B (the State Guide Plan Overview) and C (Salt Pond Region Special Area Management Plan). VI - lvironmental Consequences of the Proposed Action The environmental consequences which would result from Federal approval of the amendment are generally positive and intended to improve the State's capability to manage its coastal resources based on several years experience. In many cases, the changes in policies from those which were previously approved are not significant and many are still the same. Therefore, the impacts previously described in the 1978 FEIS on the RICMP are still valid and form the basis of this FSEIS. The following discussion therefore, attempts to focus on the thrust of the most significant changes. 1) Evaluation of the Changes to the Procedures and Policies of the CT4C. Because these changes have been in operation since June 1983, some of the consequences that will result from incorporation of the revised policies and procedures described in Attachment A, the State of Rhode Island Coastal Resources Management Program, are already observable. Those activities that are eligible for staff-only review, or Category A - Assents, will be given permits in a shorter period of time than when full Council approval was necessary. This could result in more rapid processing of permits and more rapid development if there were more applications. Mhile few projects are initiated without permits, this simplified process could result in even fewer minor activities being initiated without permits, as the developer may not be as concerned about delays. This may result in improved environmental consequences as the standard ternms and conditions would be applied to projects previously initiated without permits. The requirement of a fifty-foot setback from sensitive coastal features and the requirement for buffer zones have been in operation since June 1983 and have had positive environmental consequences on water quality and erosion prone areas. This will impact how property will be developed in these areas, make less land available for development, thus increasing the monetary value of developable coastal -land and possibly same economic hardship on property owners. The establishment of alteration standards to lands adjacent to Type I and II waters will result in less environmental impacts to such water bodies. These alteration standards may result in increased development and use of Type III and above waters. See Tables (pp. 22-28) of Attachment A for activities specifically prohibited. The State has charged somne barrier beach designations from "Undevelcped" to "Developed" and vice versa as well as created a new category "Moderately Developed". Specific policies apply to each designation. The State has also adopted a policy on barrier beaches which prohibits reconstruction of residential and non-water dependent recreational, commercial, and industrial structures on dunes destroyed fifty percent or more by storm-induced flooding, wave or wind damage. This policy will have positive public safety and environmental con- sequences, but could create scae economic hardship to some property owners. Many of the revised policies contain detailed construction standards that have been placed on permits over the past six years. The uniform imposition of these standards will result in minor changes in current CR4C operations. 2) Evaluation of the Changes Resulting from Incorporation of Relevant Sections of the State Guide Plan Overview into the Coastal Program in the coastal caommunities. Environmental consequences from incorporation of relevant sections of the Guide Plan are expected to be limited. The basis for this determination is (1) the law establishing the State Guide Plan has been in effect since 1978, (operation previous to this date was under a much briefer statute and an executive order), (2) there are no proposed changes to the State Guide Plan, and (3) elements of the plan have been in effect for over ten years. A list of elements and the date they went into affect follows: Goals and Policies - November 1974; Resource Management in the Reuse of Surplus Navy Lands - April 1979; State Land Use Policies and Plan - June 1975; Plan for Recreation, Conservation and Cpen Space - April 1983; Forest Resource Management Plan - June 1984; Rhode Island Transportation Plan - December 1974; Transportation Element of the State Implementation Plan for Air Quality - June 1982; Water Resources Management and Water Quality Management Plans adopted by elements - September 1976 through January 1978; Water Quality Management Plans - September 1976 through January 1978; Water Quality Management Plan for the Narragansett Bay Basin - August 1977, amended August 1982; Water Quality Management Plan for the Pawtuxent River Basin - August 1978; and Water Quality Management Plan for the Pawcatuck River Basin - February 1977. Incorporation of relevant sections of the State Guide Plan will result in Federal Consistency provisions of the CZMA being applicable to the Guide Plan's enforceable policies in the coastal communities. Therefore, Federal activities, permits and assistance may be subject to new requirements. Since most of these activities would have involved a State action, such activities would have had to be consistent with the policies before adoption of this amendment into the RICMP. 3) Evaluation of Environmental Consequences of Incorporation of the Salt Pond Plan. This plan extends the coastal boundary inland to encompass the watershed in the southwestern portion of the State between Narragansett Bay on the east and Ninigret Pond on the west (a detailed map is on page 6 of the plan, which is Attachment C to this FSEIS.) Within this new boundary greater environmental protection will be provided to coastal resources as a Ct;4C permit will be required for the following major activities proposed in the region: 1. New subdivisions of six units or more. 2. Facilities requiring one acre or more of parking or surfaced lay-down area. *3. Construction or extension of municipal or industrial sewage facilities or systems, conduits or interceptors. 4. All roadway construction and upgrading projects listed on the Rhode Island Transportation Improvement Plan. 5. Dredging and dredge material disposal involving 5,000 cubic yards or more of material in salt pond areas excluding the Galilee-Jerusalem-Snug Harbor port area as defined in Figure 4.4; dredging and disposal within the Point Judith port area shall be subject to review only if the depths created and means of disposal do not conform to this Plan. *A CRMC permit is not currently automatically required for these activities. A permit is required only if the C!MC finds a reasonable probability of impacts on adopted resource management plans or programs and/or of damage to the Coastal environment. -17- 6. Water distribution systems and supply line extensions. *7.* Construction or extension of public or privately owned sanitary landfills. *8. Minerals extraction. *9. Processing, transfer or storage of hazardous materials as defined by the Department of Environmental Management. *10. Electrical generating facilities of more than 10 megawatts capacity. *11. Petroleum processing and transfer facilities of more than 2,400 barrels capacity; all residential and commercial in-ground petroleum storage tanks. There should be an improvement to water quality in the region as a result of the plan. By establishing buffers adjacent to the salt ponds, as shown in Figures 3-7, 3-8 and 3-9 of Attachment C, there is expected to be less septic wastes leached into the ponds. Establishing buffers will impact how property will be developed in these areas, make less land available for development, thus increasing the monetary value of developable land and possibly some economic hardship on property owners. The plan recaommends lower zoning densities in the region with the purpose of placing less stress on the ponds. TWo towns have incorporated these recmnmendations into their local zoning. The Council will now review sewer and water lines to assure they will not have the potential to cause pollution. Incorporation of the Salt Pond Plan should result in increased protection of winter flounder spawning sites. Dredging is restricted to certain times of the year to avoid damage to known winter flounder spawning sites. Other aspects of the Salt Pond Plan which should have positive environ- mental consequences include tying dredge disposal to beach nourishment projects, incorporating stricter new coastal flood hazard maps into CRMC permit procedures and incorporating stricter restoration regulations in the event of overwash floods and flooding fron coastal storms. VII - Consultation The State has had extensive public involvement over two years in the development of this amendment. The CRMC held 6 public hearings with 30-day advance public notice on the revised Coastal Resources Management Program adopted June 28, 1983. In- addition, numerous informal workshops and meetings were held on various stages of the draft revisions. OCRI4 has been provided a transcript of the public hearings which is available for review. *A CRMC permit is not currently automatically required for these activities. A permit is required only if the CRMC finds a reasonable probability of impacts on adopted resource management plans or programs and/or of damage to the Coastal environment, The CRMC also had widescale public involvement in developing the Salt Pond Region Special Area Management Plan. Informal workshops were held on each chapter and the final plan. The CIR4C subcommittee held formal hearings with 30 days advance public notice. The full CRMC also held a formal hearing with advance public notice before adoption. The State Guide Plan elements have had broad informal public participation before each element was adopted. All State Guide Plan elements had at least one formal public hearing, in addition to informal public participation prior to adoption. Since the Overview is a combination of the previously adopted elements, the State held one formal public hearing with 30 days advance public notice before it was adopted. In accordance with 15-CFR 923.82(c)(2), notice of the Office of Ocean and Coastal Resource Management's decision to approve the CRMP as an amendment to the RICMP will be published in the Federal Register after campletion of the draft and final EIS. A comment period of 30 days will be provided. VIII - List of Document Preparers Kathryn Cousins, North Atlantic Regional Manager, Office of Coastal Zone Management Degrees: B.A. - University of California at Los Angeles, 1966 Political Science M.A. - George Washington University, 1974 Public Administration Experience: 9 years, Office of Coastal Zone Management 9 years, other professional planning experience at public planning agencies. Attachment A - Coastal Resources Management Program Stephen Olsen, Director, Coastal Resource Center, University of Rhode Island (URI) Degrees: B.A. - Cberlin College M.S. - URI, Biological Oceanography Experience: 14 years, Coastal Resource Center, URI George Seavey, Marine Resources Specialist, Coastal Resource Center, URI Degree: B.A. - URI, Biology, 1969 Experience: 10 years, Coastal Resource Center, URI 3 years, Project Director of Rhode Island Natural Areas Survey, Audubon Society of Rhode Island -19- Attachment B - State Guide Plan Overview Dan Varin, Chief, Statewide Planning Program Degrees: B.S. - Michigan State, 1953, Urban Planning M4UP - Michigan State, 1958 Experience: 21 years, Statewide Planning Program Patrick J. Fingliss, Supervising Planner, Statewide Planning Program Degree: B.S. - Southeastern Massachusetts University, 1963 Experience: 20 years, Statewide Planning Program William M. Davies, Senior Planner, Statewide Planning Program Degree: B.A. - Gettysburg College, Pennsylvania, 1974 Business Administration Experience: 15 years, Statewide Planning Program Attachment C - Salt Pond Region Special Area Management Plan Stephen Olsen, see above Virginia Lee, Marine Resources Specialist, Coastal Resource Center, URI Degrees: B.A. - Connecticut College, 1970 Human Ecology M.S. - URI, Biological Oceanography, 1978 Experience: 6 years, Coastal Resource Center 3 years, Biologist, Private Business -20- IX - List of Agencies, organizations, and Persons to Whom Copies of the DEIS Were Sent Coastal Cammunities State Agencies Town of Barrington, Rhode Island Blackstone Valley District Commission Town of Bristol, Rhode Island East Providence, Rhode Island Town of Charlestown, Rhode Island Department of Community Affairs City of Cranston, Rhode Island Providence, Rhode Island Town of East Greenwich, Rhode Island Department of Econaomic Development Providence, Rhode Island City of East Providence, Rhode Island Emergency Management Agency Town of Jamestown, Rhode Island Providence, Rhode Island Town of Little Compton, Rhode Island Department of Environmental Management Town of Middletown, Rhode Island Providence, Rhode Island Town of Narragansett, Rhode Island Department of Health Providence, Rhode Island City of Newport, Rhode Island Historical Preservation Commission Town of New Shoreham, Rhode Island Providence, Rhode Island Town of North Kingstown, Rhode Island Narragansett Bay Water Quality Management District Commission City of Pawtucket, Rhode Island Providence, Rhode Island Town of Portsmouth, Rhode Island Public Utilities Commission Providence, Rhode Island City of Providence, Rhode Island Department of Transportation Town of Wakefield, Rhode Island Providence, Rhode Island Town of Tiverton, Rhode Island Water Resources Board Providence, Rhode Island Town of Warren, Rhode Island Eastern Rhode Island Soil City of Warwick, Rhode Island Conservation District Tiverton, Rhode Island Town of Westerly, Rhode Island Southern Rhode Island Soil Conservation District North Kingstown, Rhode Island Federal Agencies Department of Energy U.S. Coast Guard Washington, DC Washington, DC Department of Health & Human Serv. Department of the Interior Washington, DC National Park Service Washington, DC Coastal Engineer, Planning Div. Office, Chief of Engineers Environmental Protection Agency Washington, DC Washington, DC Department of Agriculture Advisory Council on Historic Washington, DC Preservation Washington, DC Department of the Army Washington, DC Department of Housing and Urban Development Department of Justice Washington, DC Washington, DC Department of Transportation Federal Emergency Management Agency Washington, DC Washington, DC Federal Energy Regulatory Commission General Services Administration Washington, DC Washington, DC Nuclear Regulatory Commission Department of Defense Bethesda, MD Washington, DC U.S. Army Corps of Engineers Department of Interior Washington, DC Washington, DC Interest Groups U.S. Department of Interior New York, New York American Fisheries Society Bethesda, MD Atlantic States Marine Fisheries Commission American Petroleum Institute Washington, DC Washington, DC Environmental Protection Agency U.S. Chamber of Commerce Boston, MA Washington, DC NMFS Coastal States Organization Gloucester, MA Hartford, CT U.S. Department of Interior CZM Newsletter Boston, MA Nautilus Press Building Washington, DC Natural Resources Officer Air Force/LEEV -22- Environmental Defense Fund Washington, DC Friends of the Earth Washington, DC Independent Petroleum Association of Azerica Washington, DC National Association of Realtors Washington, DC National Andubon Society Washington, DC National Recreation and Park Association Arlington, VA Natural Resources Defense Council Washington, DC National Wildlife Federation Washington, DC Sierra Club Washington, DC Wildlife Management Institute Washington, DC Others Coalition of Coastal Communities Providence, Rhode Island Newport Estuary Advisory Task Force Newport, Rhode Island Galilee Planning Cammittee Providence, Rhode Island -23- X. RESPONSE TO COMMENTS ON DSEIS A. Federal Agency Comments 1. Gordon G. Hoxie, Division Administrator Federal Highway Administration, Region One U.S. Department of Transportation Providence, RI COMMENT: The amendments appear to be satisfactory to this agency. RESPONSE: None necessary. 2. Stephen F. Ells, Director Office of Government Relations and Environmental Review U.S. Environmental Protection Agency, Region One Boston, MA COMMENT: The amendments will not cause significant adverse impacts on the environment. They will have a positive impact based on the simplification of processing routine project permits, and increase consistency and specificity of the regulatory policies. We have rated the DEIS LO (lack of objections). RESPONSE: None necessary. 3. William Patterson, Regional Environmental Officer Office of Environmental Project Review U.S. Department of Interior Boston, MA a.: COMMENT: In general, the amendments are beneficial to improving Rhode Island's capability to manage its coastal resources. RESPONSE: No response necessary. b. COMMENT: The Fish and Wildlife Service (FWS) questions the wording allowing residential, commercial and recreational structures on coastal wetlands. FWS questions why in RICRMP Section 210.3(c) Coastal Wetlands, items 6 and 7 under Policy C, states that salt marshes adjacent to type 3, 4, 5 and 6 waters not designated for preservation may be altered under certain circumstances. RESPONSE: It should be kept in mind that over ninety percent of the marshes in Rhode Island are adjacent to Type 1 and 2 waters and are thus fully protected. Of the remaining wetlands, most are designated in the maps in the RICRMP (Attachment A) as fully protected. It is only the remaining fringe marshes that can be altered and only then when (a) the alteration is made to accommodate a designated priority use for that water area, (b) the applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable and (c) only the minimum alteration necessary to support the priority use is made. -24- C. CCMMENT: The Amendments state that the Council "may" require persons altering a salt marsh to build a replacement marsh of similar size. First, we encourage the Council to avoid damaging wetlands, second, we suggest changing "may" to "requiring" mitigation and to require mitigation be done by salt marsh restoration specialists. RESPONSE: In the rare instances where alteration would be allowed the Council intends to require mitigation, assuming a suitable mitigation site is available. The Council policy encourages mitigation, including off-site mitigation. The Council agrees that salt marsh restoration specialists would be necessary. 4. James P. Knight, Acting Director Division of Engineering Office of Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.C. CU*ENT: No potential effects were identified; therefore, we have no specific comments on the draft EIS. RESPONSE: No response necessary. 5. Peter IRots, Comnodore, U.S. Coast Guard Chief, Office of Marine Environment and System U.S. Department of Transportation Washington, D.C. a. ODMMENT: On page 73 of the RICRMP add as a point of clarification "except if serving as a means of on water transportation or recreation" after "within the boundaries of the Marina." RESPONSE: The Council's purpose is to discourage houseboats outside of marinas and if such an addition were to be made it would work against this policy. tbile the houseboats are in transit they would not be subject to this policy--it applies to mooring and anchoring. When in transit, houseboats are considered boats and must meet all State and Coast Guard requirements. b. CoMMENT: Section C. Marine Terminals, waterways and harbors on page 02.610.05 of the State Guide Plan Overview states that waterways are supported entirely by the municipalities and that water transportation facilities and systems are not supported by Federal-aid programs. This could be interpreted to mean that no Federal assistance is provided to the waterways system and would be an erroneous conclusion. The Coast Guard establishes and maintains navigational aids in the Providence River and when weather conditions warrant, provides ice breaking services. We feel this section should be reworded to eliminate confusion. RESPONSE: Agreed. This will be clarified in future revisions of the RICRMP. 6. Richard Duncan, State Conservationist U.S. Department of Agriculture Soil Conservation Service West Warwick, RI CCMMENT: We had an opportunity to make irnput as portions of these documents were drafted and have no substantive comments. RESPONSE: None necessary. 7. Ervin J. Bedker, Acting Chief Environmental Division Directorate of Engineer and Services Department of the Air Force Washington, D. C. 20332 a. CMNT: Although there are no active duty Air Force installations in Rhode Island, there are three Air National Guard (ANG) facili- ties: Coventry ANG Station at Coventry, North Smith Field ANG Station at Slaterville, and Quonset State Airport ANG at Nbrth Kingston. RESPONSE: None necessary. b. COMMENT: Quonset State Airport ANG does fly a Military Training Route (MrR) over the vicinity of the Salt Pond Region, but this MrR should not conflict with the goals of the Special Area Management Plan. RESPONSE: None necessary. B. Other Comments 1. William E. Miller, Executive Director United Mbbile Sports Fishermen, Inc. Bechpage, NY a. COMMENT: We are pleased to see the RICMP address the issue of off-road vehicles (ORV) and believe the policies in Sections 210.1 and 2 adequately protect the environment while providing for recreational access need. We commend the State for recognizing the growing demand of ORV recreation. RESPONSE: None necessary. 2. Coalition of Coastal Communities and Rhode Island League of Cities and Towns Providence, RI a. CIMMENT: To arbitrarily assert that the program boundaries of the Council's jurisdiction extend generally above the mean high water mark with no constraints, fails to recognize the clear statutory limitations imposed on the CRAC. RESPONSE: The FSEIS has been changed to more carefully repeat the statutory wording. Please see revisions on pages 2 and 13. b. CC4MENT: The DEIS fails to recognize the sovereignty of municipalities. RESPONSE: Please see insert on page 4 of the FSEIS which explains that the adoption of these amendments makes no change in the authorities of local governments, nor in the well established relationship between the CR4C and local governments. c. COMMENT: The enhancement of the RIC!MP is inappropriate and conflicts with State statute and policy. RESPONSE: The reasons for including the existing State Guide Plan in the RICMP are described on pages 3 and 4 of the FSEIS along with an explanation of why the State chose to change the originally approved boundary of one mile inland to the proposed boundary. The boundary is based on the authorities of existing State statutes, particularly Section 42-11-10 of the General Laws and does not conflict with State law or policy. d. CaMMENT: The Governor has taken a bold step to give localities the resources and voluntary choice to develop their own plans and projects consistent with the RICMP, State Guide Plan and Federal coastal zone management law. The Coalition and the League recognize that through this program the State is asking communities to voluntarily develop plans and projects to manage their coastal resources. It is through this positive, voluntary and non-combative inducement program that the State and the Federal coastal zone management programs can be most effectively and productively implemented. RESPONSE: The CCRM applauds the Governor for this action and has worked with his staff in its initiation. The CRI4C has a tradition of encouraging local governments to develop harbor plans and local coastal plans as well as having worked closely in the development of three Special Area Management Plans. The Coastal Zone Management Act does not allow States to receive Federal program approval solely on the basis of voluntary local government coastal programs. The OCRM looks forward to having more active local government participation in the program. -27- e. COMMENTS: We urge that various references to an expanded coastal council jurisdiction be deleted and that the proposal be modified to reflect the current Rhode Island coastal management statute and that the voluntary enhancement of the coastal boundary be made through the adoption of local coastal management initiatives. RESPONSE: The only "expanded coastal council jurisdiction" included in these amendments has been in the Salt Pond area. This Special Area Management Plan was carefully developed with the cooperation of the involved local governments, none of whom objected to adoption of the SAMP by the CIMC or incorporation into the RICMP. The expanded boundary of the Coastal Management Program is a result of incorporating the State Guide Plan into the program in the coastal communities. It is administered by the State Planning Council, and has been in operation since 1978. Also see answer to "d" above about voluntary local coastal management initiatives. f. COMMENT: The jurisdiction does not extend inland 200 feet or any distance except in qertain cases. RESPONSE: See response to comment "a" above. g. CCOMMENT: Federal approval of the amendment constitutes a violation of State statute and runs counter to the "New Federalism" tenet of not interfering with State programs. RESPONSE: Program approval is based on existing State statutes, particularly Chapter 23 related to the CRMC and Section 42-11-10 of the General Laws related to the State Guide Plan. The program amendments were not imposed by the Federal government but were proposed by the State after several years of operation of the program originally approved in 1978. See Part II of the FSEIS. The amendments have been subject to elaborate and lengthy opportunity for public involvement in their development and were requested to be incorporated into the approved coastal program in a letter to OCRM by the Governor in February, 1985 and February 7, 1986. h. COMMENT: The widening of the coastal boundary to the entire State constitutes Federal and Statewide zoning. What other States administering CZM programs include the entire State in the coastal boundary? RESPONSE: There is no zoning involved in these amendments nor was there any in the original program. Zoning remains an important function of local governments in Rhode Island. The FSEIS has been changed to have the State Guide Plan only apply to the 21 coastal communities, instead of the entire State. The original coastal program and this revision only includes the entire State for re- view of five activities and uses which are required in the CRMC legislation. States with an entire State in the coastal boundary are Florida, the Virgin Islands and Delaware. It is important to remember that only State and Federal activities are regulated in the area outside of the Council's jurisdiction. i. CCMMENT: Cities and towns are granted the authority to conduct harbor management without having to notify the CRIC of regulations. RESPONSE: Disagree. See Regulation 300.15 (page 85) of the RICR4P adopted December 1983. Also see Section 46-23-6 B, second paragraph of the CRM Act. j. COMMENT: The RICMP does not regulate what could happen on the land adjacent to the 6 classes of water types. RESPONSE: We disagree. See response "a" above and page 20 of the R/LMP for a full description of the Council's authority to regulate land adjacent to the coastal waters. k. CaMMENT: On page 13, Federal alternatives, paragraph 2 incorrectly describes the Council's authority over activities 200 feet from the shoreline. RESPONSE: See revisions. 1. CaErNT: The current program with all its limitations already meets minimum requirements of the CZMA. RESPONSE: The program as approved did meet the requirements of the CZMA, however, for the reasons described under Section II of the FSEIS, Purpose and Need for Action, the State has chosen to revise the program. m. CCMMENT: The assertion that the charnges in policies from those which were previously approved are not significant is factually erred and fails to recognize the importance of local efforts to have local coastal management jurisdiction and standing recognized by the State. A fundamental weakness of the State's coastal management program is that up until this fiscal year there was no concerted effort to encourage the development of local coastal management capability. Now that the Governor's office is proceeding along this cooperative effort, it is ironic that a prcoposal which expands the coastal boundary to the entire State but fails to acknowledge the program's new emphasis on local voluntary initiatives is put forward. The fact that the document was prepared without executive office input at the State level appears irregular. The proposed expansion leaves localities no choice but to vehemently cppose this unilateral enhancement of state authority. RESPONSE: FSEIS does describe the significant impacts which would result. However, since these amendments do not change local authorities or responsibilities in any manner whatsoever, there is no significant impact on local governments. Nor do these amendments enhance State authority. All the amendments are based on laws which have existed since 1971 (Chapter 23 related to the CR4C) and 1978 (Section 42-11-10 related to the State Guide Plan). Also see answer to comments "b" and "d."