[From the U.S. Government Printing Office, www.gpo.gov]









        A 0 11:., State of Rhode Island
              .. Coastal Resources
            , J) @; i (r. t -e @z;iiient Program
                                  I
                         As Amended









                                                      The State of Rhode Island


                                                                    Coastal Resources
                                                       Management Program

                                                                                                        As Amended




















                                                                                                        LEGAL COUNSEL


                                                                                                  GOLDMAN & BIAFORE
                                                                                                             101 Dyer Street
                                                                                                      Providence, RI 02903



             -IN


               4b-
   zr-      V)

                        This document replaces Chapters I through 5 of the program adopted by the Coastal Resources
                        Management Council in 1977.

                        Other adopted elements of the Rhode Island Coastal Resources Management Program include the Energy
     -0                 Amendments of 1979, Management Procedures, Right-of-Ways to the Shore, Special Area Management
                        Plans for selected areas, and the Guidelines for the Development of Municipal Harbor Management Plans.
                        These documents may be obtained from the Council's offices.






                                                                           Rhode Island Coastal Resources Management Program

                             Acknowledgments                                                Act of 1972 (Public Law 92-593), under Grant
                                                                                            #NA57OZO449. The U.S. Government is authorized to
                                Many people devoted time and thought to this                produce and distribute reprints for governmental
                             document and made significant contributions to its form        purposes not-withstandi.ng any copyright notation that
                             and content.                                                   may appear hereon.

                                John A. Lyons, chairman of the Coastal Resources              Additional copies of this publication are available
                             Management Council, and CRMC's Working Group on                from the Coastal Resources Management Council,
                             Program Revision attended innumerable meetings to              Oliver Stedman Government Center, Wakefield, R.I. or
                             review several drafts of this document over a period of        40 Fountain Street, Providence, R.I.
                             two years. The members of the group were Alvaro
                             Freda, Dr. William Miner, Barbara Colt, Malcolm                  The development of the RICPJAP was undertaken in
                             Grant, James Beattie, Frank Geremia, and Lee                   1973, approved by the CRMC in 1977, and federally-
                             Whitaker. The entire Council attended many sessions            approved in 1978. In 1983, its first five chapters were
                             of the Planning and Policy Subcommittee to discuss             replaced by this document, commonly referred to as the
                             major policy issues raised by these amendments.                "Redbook"and initially printed for the Council through
                                                                                            the University of Rhode Island's Publication Office
                                The many years' experience of the Council's staff led       (P964 12/83 5M). The Redbook was last printed as a
                             to the initial development of the standards listed in Part     bound document in May of 1990.
                             Three. Special thanks go to Nicholas Pisani, James
                             Parkhurst, Linda Steere, and Gail Chmura, all of whom             This edition of the RICR]v[P is the first time that the
                             made substantial contributions to the document.                Redbook has been formatted for a three-ring binder. It
                                                                                            was printed in June 1996. All revisions to this edition
                                Various agencies, private groups, and individuals           are current as of June 1, 1996.
                             commented on the document during the initial
                             nine,-month public review period and made suggestions          Three-Ring Original Edition
                             that are incorporated in the final product.         Special    June 1996
                             thanks are due to Malcolm Grant of the Environmental
                             Management; Daniel Varin, chief of the Statewide
                             Planning 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. Over the years, these same
                             groups have made many comments on proposed
                             revisions and have kept active in the review process.

                                The maps were originally drawn by Marion McHugh
                             and Betsy Watkins. For the intial "Redbook" document
                             (1983), Vicki Desjardins did the final editing, and Larry
                             Pearce was responsible for the layout and design. This
                             new format for the Redbook, the three-ring bound
                             document of the RICRMP, was prepared, edited, and
                             designed by Joanne Moore and Jeff Willis of the
                             Council's staff.


                                The preparation of the original Redbook publication
                             was financed in part by a grant from the National
                             Oceanic and Atmospheric 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. This three-ring bound
                             document was financed in part by a grant from the
                             National Oceanic and Atmospheric Administration,
                             under the provisions of the Coastal Zone Management


                             Original Edition                                         Page 1                                              Introduction






                                                                       Rhode Island Coastal Resources Management Progr(jn



                            Contents


                            Guidelines for Applicants
                            The Program's Enabling Legislation

                            Part One. Authorities and Procedures
                               Section 100.   Alterations and Activities That Require an Assent from the Coastal Resources Management
                                              Council
                               Section 110.   Applications for Category A and Category B Council Assents
                               Section 120.   Variances
                               Section 130.   Special Exceptions
                               Section 140.   Setbacks
                               Section 150.   Buffer Zones
                               Section 160.   Fees
                               Section 170.   Violations and Enforcement Actions
                               Section 180.   Emergency Assents

                            Part Two. Areas Under Council Jurisdiction
                               Section 200.   Tidal and Coastal Pond Waters
                                       200.1  Type 1 Conservation Areas
                                       200.2  Type 2 Low-Intensity Boating
                                       200.3  Type 3 High-Intensity Boating
                                       200.4  Type 4 Multipurpose Waters
                                       200.5  Type 5 Commercial and Recreational Harbors
                                       200.6  Type 6 Industrial Waterfronts and Commercial Navigation Channels


                               Section 210. Shoreline Features
                                       210.1 Coastal Beaches
                                       210.2  Barrier Islands & Spits
                                       210.3  Coastal Wetlands
                                       210.4  Coastal Headlands, Cliffs & Bluffs
                                       210.5  Rocky Shores
                                       210.6  Mamnade Shorelines
                                       210.7  Dunes & Dikes


                               Section 220. Areas of Historic and Archaeological Significance

                            Part Three. Activities Under Council Jurisdiction
                               Section 300.   In Tidal and Coastal Pond Waters, on Shoreline Features and Their Contiguous Areas
                                       300.1  Category B Requirements
                                       300.2  Filling, Removing, or Grading of Shoreline Features
                                       300.3  Residential, Commercial, Industrial, and Public Recreational Structures
                                       300.4  Recreational Boating Facilities
                                       300.5  Mooring and Anchoring of Houseboats and Floating Businesses
                                       300.6  Sewage Treatment and Stormwater
                                       300.7  Construction of Shoreline Protection Facilities
                                       300.8  Energy-Related Activities and Structures
                                       300.9  Dredging and Dredged Materials Disposal
                                       300.10  Filling in Tidal Waters
                                       300.11  Aquaculture
                                       300.12  Mosquito Ditching
                                       300.13  Public Roadways, Bridges, Parking Lots, Railroad Lines and Airports
                                       300.14  Maintenance of Structures
                                       300.15  Municipal Harbor Regulations



                            Original Edition                                     Page 2                                           Introduction






                                                                      Rhode Island Coastal Resources Management Program




                           Contents (con't)


                              Section 310. Alterations to Freshwater Flows to Tidal Waters and Water Bodies and Coastal Ponds


                              Section 320. Inland Activities and Alterations That Are Subject to Council Permitting

                              Section 325. Activities Located within Critical Coastal Areas & Shoreline Change Maps

                              Section 330. Guidelines for the Protection and Enhancement of the Scenic Value of the Coastal Region

                           Glossary
                           References and Additional Sources of Information


                           Shoreline Change Maps
                              (Watch Hill to Point Judith only)

                           Maps of Water Use Categories
                              Watch Hill Quadrangle
                              Quonochontaug Quadrangle
                              Kingston Quadrangle
                              Narragansett Pier Quadrangle
                              Wickford Quadrangle
                              East Greenwich Quadrangle
                              Providence Quadrangle
                              East Providence Quadrangle
                              Bristol Quadrangle
                              Prudence Island Quadrangle
                              Fall River Quadrangle
                              Tiverton Quadrangle
                              Sakonnet Point Quadrangle
                              Sakonnet Harbor
                              Newport Quadrangle
                              Block Island Quadrangle

                           List of Tables and Figures

                              Table 1.   Review Categories and Prohibited Activities in Tidal Waters and on Adjacent Shoreline Features
                              Figure 1.  Rhode Island's Territorial Sea
                              Table IA.  Review Categories in the 200-Foot Area Contiguous to Shoreline Features
                              Table 1B.  Review Categories for Inland Activities
                              Table 2.   Setbacks in Critical Erosion Areas
                              Figure 2.  An Example of the Application of a Coastal Buffer Zone
                              Table 2A.  Coastal Buffer Zone Designations for Residential Development
                              Table 3.   Shoreline Types and Their Susceptibility to Erosion
                              Table 4.   Undeveloped, Moderately Developed, and Developed Barrier Beaches











                           Original Edition                                     Page 3                                         Introduction






 0

                      Guidelines
                             for
                      A
                       pp icants




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 0






                                                                       Rhode Island Coastal Resources Management Program

                           Step One.                                                   Program. Then note the water use category (if
                           Is a Council Assent Required?                               an on-land activity is proposed, the adjoining
                                                                                       water use category). If the shoreline is
                              All the activities listed on the vertical axis of        designated a Critical Erosion Area, note the
                           Table 1 require a Council Assent if the activities          average annual erosion rate. In these areas,
                           proposed are (1) in Rhode Island's tidal waters;            non-water-dependent structures must set back a
                           (2) on a shoreline abutting tidal waters or a               distance equivalent to 30 times the annual erosion
                           coastal pond; and/or (3) within the 200-foot                rate (see Section 140). The prerequisites,
                           contiguous area landward of any coastal feature             standards, and Category B requirements for
                           (coastal beaches, dunes, wetlands, cliffs, bluffs,          on-land activities listed in Section 300.1 through
                           barriers, embankments, rocky shores, and                    300.15 and in Section 330 of this document apply
                           manmade shorelines).                                        to both shoreline features and their 200-foot
                                                                                       contiguous area.
                              Persons proposing the following activities
                           extending onto the most inland shoreline feature              Identify the shoreline features that may be
                           or its 200 foot contiguous area are required to             affected. The maps give some indication of the
                           apply for a Council Assent: subdivisions,                   shoreline features that may be involved, but this
                           cooperatives, or other multi-ownership facilities           must be verified by inspecting the site. The
                           [of six units or more], or facilities requiring or          definitions of shoreline features in Part Two of
                           creating 40,000 sq. ft. or more of parking.                 this document will further assist you in
                           Persons proposing the following activities within           identifying what shoreline features are present.
                           critical coastal areas, which include the
                           watersheds of poorly flushed areas delineated on              If the proposed activity or alteration is not
                           maps accompanying this program, are required                located in Rhode Island's coastal waters, on or
                           to apply for a Council Assent: subdivisions,                within the 200 foot contiguous area, or a
                           cooperatives, and other multi-ownership facilities          statewide activity listed in Section 320, determine
                           [of six (6) units or more]; any structure serviced          if it is located within a critical coastal area. If
                           by an on-site sewage disposal system servicing              the proposed alteration or activity is listed in
                           2,000 gallons or more per day; any activity                 Section 325, then you will need to apply for a
                           which results in the creation of 40,000 sq. ft. or          Council Assent.
                           more of impervious surface; construction or
                           extension of municipal or industrial sewage
                           facilities or systems (not connections to                   Step Three.
                           individual homes); construction or extension of             What Regulations Apply?
                           water distribution systems or supply lines (not
                           connections to individual homes).                             The prerequisites, policies, and standards in
                                                                                       this Program are regulations that must be met by
                              Persons proposing selected inland activities             all persons who undertake alterations and
                           anywhere in the state that may require a Council            activities under the Council's jurisdiction.
                           Assent shall request a review of the project to
                           determine whether impacts on the environment                  If the alteration proposed is for tidal waters or
                           of the coastal region are likely and, therefore,            for a shoreline feature, turn to the appropriate
                           whether a Council Assent will be required.                  section of Table I and match the activity with the
                           These selected inland activities are (1) energy             water area and shoreline type. The table will tell
                           generation, transfer, processing, or storage; (2)           you if the activity you propose is prohibited or
                           chemical processing; (3) minerals extraction; (4)           will be processed as a Category A or Category B
                           sewage treatment and disposal; or (5) solid waste           application. Table IA lists the review categories
                           disposal.                                                   for activities proposed in the 200-foot area
                                                                                       contiguous to shoreline features.

                           Step Two.                                                     If the proposed alteration is within a critical
                           Where Is The Activity or Alteration                         coastal area, consult the appropriate Special Area
                           Being Proposed?                                             Management Plan for supplemental policies,
                                                                                       standards, and requirements. Table 113 lists the
                              Locate the area where an activity or alteration          review categories for inland activities subject to
                           is proposed on the maps that accompany this                 the requirements of Section 320 or 325.


                           Original Edition                                      Page I                             Guidelines for Applicants






                                                                       Rhode Island Coastal Resources Management Program

                            A. Category A Applications                                 and the likely impacts. If, in your opinion, some
                                                                                       issues do not apply, simply note: "Does not
                               1. Review the policies in Part Two for the              apply.
                            water use and shoreline categories your proposal
                            may affect. These may set limits on what may                 3. All Category B applications are put out to
                            be permitted or provide guidance on how the                public notice. A public hearing will be
                            work should by undertaken.                                 scheduled if one or more substantive objections
                                                                                       are filed within the 30-day notice period. A
                               2. Turn to the appropriate section in Part              Council subconunittee will review your proposal,
                            Three and (a) note any prerequisites that you              the comments prepared by its staff, and all other
                            must meet before filing for a Council Assent,              pertinent materials, and will recommend action
                            and (b) review all standards.                              to the full Council. If your proposal is
                                                                                       uncontested, you may expect Council action
                               When filing a Category A application you must           within 30 working days of verification by the
                            commit yourself to upholding all applicable                Council's staff that all informational
                            standards. If you cannot or do not wish to meet            requirements have been met. The Council shall
                            one or more standards, you must apply for a                base its decision on consideration of how your
                            variance (Section 120).                                    proposal conforms to goals for the shoreline
                                                                                       features and water use categories affected, other
                               3. File your application. If the activity you           relevant policies, and the significance of the
                            propose is not starred (*) on Table 1 and you              likely impacts of your proposal on the
                            meet all applicable standards, and if all                  environment of the coastal region.
                            information requirements have been verified by
                            the Council's staff, review of the application will
                            begin. If grounds for a substantive objection
                            (Section 110.3) exist on the proposed site (for
                            example, the presence of rare or endangered
                            species or severe building constraints), a Council
                            member or the Council's staff will recommend
                            review by the full Council, and the application
                            will be put out to public notice.

                               4. If the activity you propose is starred
                            public notice will be given of your proposal;
                            abutters to the affected property and local and
                            state officials will be notified of your proposal.
                            If one or more substantive objections (see
                            Section 110) 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 objections, review your application,
                            and recommend 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


                            Original Edition                                      Page 2                            Guidelines for Applicants






 0

                          The
                    'Program's
                      Enabling
                    Legislation
                        (1971)
                  as Amended


 0










 0






                                                                                 Rhode Island Coastal Resources Management Program

                                Chapter 23 of the General Lawsof                                    hereby created the coastal resources management
                                                                                                    council.
                                Rhode Island                                                          (1) The coastal resources management council shall
                                                                                                    consist of sixteen (16) members, two (2) of whom shall
                                                                                                    be members of the house of representatives, at least one
                                Coastal Resources Management Council                                of the members shall represent a coastal municipality,
                                                                                                    appointed by the speaker, two (2) of whom shall be
                                46-23-1. Legislative Findings. Creation. The general                members of the senate, each of whom shall represent a
                                assembly recognizes and declares that the coastal                   coastal municipality, appointed by the lieutenant
                                resources of Rhode Island, a rich variety of natural,               governor, two (2) of whom shall be from the general
                                commercial, industrial, recreational, and aesthetic assets          public appointed by the speaker of the house for a term
                                are of immediate and potential value to the present and             of two (2) years, two (2) of whom shall be from a
                                future development of this state; that unplanned or                 coastal municipality appointed by the speaker of the
                                poorly planned development of this basic natural                    house for a term of three (3) years.
                                environment has already damaged or destroyed, or has                  (2) In addition, four (4) of the members shall be
                                the potential of damaging or destroying, the state's                appointed or elected officials of local government
                                coastal resources, and has restricted the most efficient            appointed by the governor, one of whom shall be from
                                and beneficial utilization of such resources; that it shall         a municipality of less than twenty-five thousand (25,000)
                                be the policy of this state to preserve, protect, develop,          population, appointed to serve until January 31, 1972,
                                and where possible, restore the coastal resources of the            one of whom shall be from a coastal municipality of
                                state for this and succeeding generations through                   more than twenty-five thousand (25,000) population
                                comprehensive and coordinated long-range planning and               appointed to serve until January 31, 1973, and one of
                                management designed to produce the maximum benefit                  whom shall be from a coastal municipality of less than
                                for society from such coastal resources; and that                   twenty-five thousand (25,000) population appointed to
                                preservation and restoration of ecological systems shall            serve until January 31, 1974, and one of whom shall be
                                be the primary guiding principle upon which                         from a coastal community of more than twenty-five
                                environmental alteration of coastal resources will be               thousand (25,000) population appointed to serve until
                                measured, judged, and regulated.                                    January 31, 1975, the populations are to be determined
                                                                                                    by the latest federal census; all members shall serve
                                  That effective implementation        of these policies is         until their successors are appointed and qualified; during
                                essential to the social and economic well-being of the              the month of January, the governor shall appoint a
                                people of Rhode Island because the sea and its adjacent             member to succeed the member whose term will then
                                lands are major sources of food and public recreation,              next expire for a term of four (4) years commencing on
                                because these resources are used by and for industry,               the first day of February then next following and until
                                transportation, waste disposal, and other purposes, and             his or her successor is named and qualified; each
                                because the demands made on these resources are                     municipal appointment shall cease if the appointed or
                                increasing in number, magnitude, and complexity; and                elected official shall no longer hold or change the office
                                that these policies are necessary to protect the public             which he or she held upon appointment, and further,
                                health, safety, and general welfare. Furthermore, that              each appointee shall be eligible to succeed him or
                                implementation of these policies is necessary in order to           herself.
                                secure the rights of the people of Rhode Island to the                (3) Three (3) members shall be appointed by the
                                use and enjoyment of the natural resources of the state             governor from the public, with the advice and consent
                                with due regard for the preservation of their values, and           of the senate, one of whom shall serve until January 1,
                                in order to allow the general assembly to fulfill its duty          1972, one of whom shall serve until January 1, 1973
                                to provide for the conservation of the air, land, water,            and one of whom shall serve until January 1, 1974; the
                                plant, animal, mineral, and other natural resources of              members and their successors shall represent a coastal
                                the state, and to adopt all means necessary and proper              community.
                                by law to protect the natural environment of the people               (4) All members shall serve until their successors are
                                of the state by providing adequate resource planning for            appointed and qualified; during the month of January,
                                the control and regulation of the use of the natural                the governor shall appoint with advice and consent of
                                resources of the state and for the preservation,                    senate, a member to succeed the members whose term
                                regeneration, and restoration of the natural environment            will then next expire for a term of three (3) years
                                of the state.                                                       commencing on the first day of February next following
                                                                                                    and until his or her successor is named and qualified.
                                  That these policies can best be achieved through the              A member shall be eligible to succeed him or herself.
                                creation of a coastal resources management council as               No more than two (2) persons on the council shall be
                                the principal mechanism for management of the state's               from the same community.
                                coastal resources.                                                    (5)    Appointments shall first be made by the
                                                                                                    governor, then by the lieutenant governor, and then by
                                                                                                    the speaker. A vacancy other than by expiration shall
                                46-23-2 Coastal Resources Management Council                        be filled in like manner as an original appointment but
                                created - Appointment of members . (a) There is                     only for the unexpired portion of the term. The


                                Original Edition                                              Page 1                                      Enabling Legislation






                                                                              Rhode Island Coastal Resources Management Program

                              commissioner of the environmental protection branch or           management shall be in the unclassified service. The
                              his or her designee within the department of                     duties and powers of the commissioner of coastal
                              envirotiment shall serve ex officio.                             resources management shall be determined by the
                                (b) In addition to the foregoing voting members, the           council. The council shall not engage a commissioner
                              council shall include a varying number of other                  of coastal resources management for more than five (5)
                              members who shall serve in an advisory capacity                  years; provided, however, that the council may renew
                              without the right to vote and who shall be invited to            its contract with the commissioner of coastal resources
                              serve by either the governor or the voting members.              management.
                              These advisory members shall represent the federal
                              agencies such as the navy, coast guard, corps of                 46-23-5. Expenses of members. (a) The members of
                              engineers, public health service, and the federal water          the council shall be paid fifty dollars ($50.00) per
                              pollution control administration, and such regional              meeting as compensation except for the chairperson who
                              agencies as the New England river basins commission              shall be paid seventy-five dollars ($75.00) per meeting
                              and the New England regional commission and another              as compensation; the members and chairperson shall be
                              group or interest not otherwise represented.            The      reimbursed for their actual expenses necessarily
                              council shall have authority to form committees of other         incurred in the performance of their duties.
                              advisory groups as needed from both its own members                (b) Any member other than the chairperson who shall
                              and others.                                                      act as chairperson, or any member other than the
                                                                                               chairperson who shall chair any subcommittee of the
                              46-23-2.1 Members - Term of office. (a) The term                 council, shall not receive the additional compensation
                              of office of the appointed members shall be three (3)            paid to the chairman.
                              years, only so long as the members shall remain eligible
                              to serve on the council under the appointment authority.         46-23-6. Powers and duties. In order to properly
                                (b)    The members shall be eligible to succeed                manage coastal resources the council shall have the
                              themselves for one additional term only. Thereafter, no          following powers and duties:
                              former member shall be eligible to be reappointed for a
                              period of two (2) Years.                                         (A) Planning and management.
                                (c) Elected for appointed municipal officials shall              (1) The primary responsibility of the council shall be
                              hold seats on the council, only so long as they remain in        the continuing planning for and management of the
                              their elected or appointed office. Members of the senate         resources of the state's coastal region. The council shall
                              and house shall serve at the pleasure of the appointing          be able to make any studies of conditions, activities, or
      0                       authority and shall not be subject to the provisions of          problems of the state's coastal region needed to carry
                              subsection (b) of this section.                                  out its responsibilities.
                                (d) A vacancy other than by expiration shall be filled           (2) The resources management process shall include
                              in the manner of the original appointment but only for           the following basic phases:
                              the unexpired portion of the term. The appointing                  (a) Identify all of the state's coastal resources, water,
                              authority shall have the power to remove its appointee           submerged land, air space, fin fish, shellfish, minerals,
                              for just cause.                                                  physiographic features, and so forth.
                                (e) This section shall take effect on July 1, 1985 and           (b)    Evaluate these resources in terms of their
                              shall apply prospectively to those members currently             quantity, quality, capability for use, and other key
                              serving on the council whose terms expire thereafter.            characteristics.
                                                                                                 (c) Determine the current and potential uses of each
                              46-23-4. Officers of the council; quorum and vote                resource.
                              required for action.           The governor, upon the              (d) Determine the current and potential problems of
                              appointment of the appointed members of the council,             each resource.
                              shall select from the appointed members a chairperson              (e)     Formulate plans and programs for the
                              and vice chairperson. The council shall thereupon                management of each resource, identifying permitted
                              select a secretary from among its membership or staff.           uses, locations, protection measures, and so forth.
                              The council may engage such staff, including legal                 (f) Carry out these resources management programs
                              counsel, as it deems necessary. A quorum shall consist           through implementing authority and coordination of
                              of seven (7) members of the council. A majority vote of          state, federal, local, and private activities.
                              those present shall be required for action.                        (g) Formulation of standards where these do not
                                                                                               exist, and reevaluation of existing standards.
                              46-23-4.1. The commissioner of coastal resources                   (3)    An initial series of resources management
                              management. The council shall engage a commissioner              activities shall be initiated through this basic process,
                              of coastal resources management who shall be an                  then each phase shall continuously be recycled and used
                              employee of the council and who shall not be a member            to modify the council's resources management programs
                              of the council. The commissioner shall coordinate and            and keep them current.
                              liaison with the director of the environment, and his or           (4) Planning and management programs shall be
                              her staff shall be at the same staff level as the other          formulated in terms of the characteristics and needs of
                              commissioners and shall work directly with other                 each resource or group of related resources. However,
                              conitnissioners. The commissioner of coastal resources           all plans and programs shall be developed around basic


                              Original Edition                                          Page 2                                      Enabling Legislation






                                                                                   Rhode Island Coastal Resources Management Prozam

                                standards and criteria, including:                                      (d) Shoreline protection facilities and physiographical
                                   (a) The need and demand for various activities and                features, and all directly associated contiguous areas
                                their impact upon ecological systems.                                which are necessary to preserve the integrity of the
                                   (b) The degree of capability of various activities.               facility and/or features.
                                   (c) The capability of coastal resources to support                   (e)   Coastal wetlands and all directly associated
                                various activities.                                                  contiguous areas which are necessary to preserve the
                                   (d) Water quality standards set by the department of              integrity of the wetlands. For the purpose of this
                                health.                                                              chapter, a "coastal wetland" shall mean any salt marsh
                                   (e)     Consideration of plans, studies, surveys,                 bordering on the tidal waters of this state, whether or
                                inventories, and so forth prepared by other public and               not the tidal waters reach the littoral areas through
                                private sources.                                                     natural or artificial watercourses, and those uplands
                                   (f)   Consideration of contiguous land uses and                   directly associated and contiguous thereto which are
                                transportation facilities.                                           necessary to preserve the integrity of that marsh.
                                   (g) Whenever possible consistency with the state                  Marshes shall include those areas upon which grow one
                                guide plan.                                                          or more of the following: smooth cordgrass (spartina
                                                                                                     alterniflora), salt meadow grass (spartina. patens), spike
                                (B) Imple?nentation.                                                 grass (distichlis spicata), black rush (juncus gerardi),
                                   (1) The council is authorized to formulate policies               saltworts (salicornia spp.), sea lavender (limonium
                                and plans and to adopt regulations necessary to                      carolinianum), saltmarsh bulrushes (scirpus spp.),
                                implement its various management programs. Upon                      hightide bush (iva frutescens), tall reed (phragmites
                                formulation of the plans and regulations, the council                corrununis), tall cordgrass (spartina pectinata), broadleaf
                                shall, prior to adoption, submit the proposed plans or               cattail (typha latifolia), narrowleaf cattail (typha
                                regulations to the director of the environment for the               angustifolia),    spike rush (eleocharis            rostellata),
                                director's review. The director shall review and submit              chairmaker's rush (scirpus amercana), creeping
                                comments to the council within thirty (30) days of                   bentgrass (agrostis palustris), sweet grass (hierochloe
                                submission to the director by the council, The council               odorata), and wild rye (etlymus virginicus).
                                shall consider the director's comments prior to adoption                (f) Sewage treatment and disposal and solid waste
                                of any plans or regulations.                                         disposal facilities.
                                   (2) Any person, firm, or governmental agency
                                proposing any development or operation within, above,                (C) Coordination. The council shall have the following
                                or beneath the tidal water below the mean high water                 coordinating powers and duties:
                                mark, extending out to the extent of the state's                        (1) Functioning as a binding arbitrator in any matter
                                jurisdiction in the territorial sea, shall be required to            of dispute involving both the resources of the state's
                                demonstrate that its proposal would not:                             coastal region and the interests of two (2) or more
                                   (i) Conflict with any resources management plan or                municipalities or state agencies.
                                program;                                                                (2) Consulting and coordinating actions with local,
                                   (ii) Make any area unsuitable for any uses or activities          state, regional, and federal agencies and private
                                to which it is allocated by a resources management plan              interests.
                                or program adopted by the council; or                                   (3) Conducting or sponsoring coastal research.
                                   (iii) Significantly damage the environment of the                    (4) Advising the governor, the general assembly, and
                                coastal region. The council shall be authorized to                   the public on coastal matters.
                                approve, modify, set conditions for, or reject any such
                                proposal.                                                            (D) Operations. The council shall be authorized to
                                   (3) The authority of the council over land areas                  exercise the following operating functions, which are
                                (those areas above the mean high water mark) shall be                essential to management of coastal resources:
                                limited to two hundred feet (200') from the coastal                     (1) Issue, modify, or deny permits for any work in,
                                physiographic. feature or to that necessary to carry out             above, or beneath the areas under its jurisdiction,
                                effective resources management programs. This shall                  including conduct of any form of aquaculture.
                                be limited to the authority to approve, modify, set                     (2) Issue, modify, or deny permits for dredging,
                                conditions for, or reject the design, location,                      filling, or any other physical alteration of coastal
                                construction, alteration, and operation of specified                 wetlands and all directly related contiguous areas which
                                activities or land uses when these are related to a water            are necessary to preserve the integrity of the wetlands.
                                area under the agency's jurisdiction, regardless of their               (3) Grant licenses, permits, and easements for the
                                actual location. The council's authority over these land             use of coastal resources which are held in trust by the
                                uses and activities shall be limited to situations in which          state for all its citizens, and impose fees for private use
                                there is a reasonable probability of conflict with a plan            of these resources.
                                or program for resources management or damage to the                    (4)    Determining the need for and establishing
                                coastal environment. These uses and activities are:                  pierhead, bulkhead, and harbor lines.
                                   (a) Power generating and desalination plants.                        (5) Enforcing and implementing riparian rights in the
                                   (b) Chemical or petroleum processing, transfer, or                tidal water after judicial decisions.
                                storage.
                                   (c) Minerals extraction.



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                                                                              Rhode Island Coastal Resources Management Program

                               (E) Rights-of-way.                                               configuration as it now exists prior to January 1, 1995;
                                 (1)    The council shall be responsible for the                   (b) The facility is presently intact and functional; and
                               designation of all public rights-of-way to the tidal water          (c) The facility presents no significant threat to the
                               areas of the state, and shall carry on a continuing              coastal resources of the state of Rhode Island or human
                               discovery of appropriate public rights-of-way to the tidal       safety.
                               water-areas of the state.                                           (3) The applicant, to be eligible for this provision,
                                 (2) The council shall maintain a complete file of all          shall apply no later than January 31, 1998.
                               official documents relating to the legal status of all              (4) The council is directed to develop rules and
                               public rights-of-way to the tidal water areas of the state.      regulations necessary to implement this subsection (F).
                                 (3) The council shall have the power to designate for             (5) It is the specific intent of this subsection to
                               acquisition and development, and posting, and all other          require that all pre-existing residential boating facilities
                               functions of any other department for tidal rights-of-way        constructed on January 1, 1985 or thereafter conform to
                               and land for tidal rights-of-way, parking facilities, and        this chapter and the plans, rules and regulations of the
                               other council related purposes.                                  council.
                                 Further, the council shall have the power to develop
                               and prescribe a standard sign to be used by the cities           46-23-6.1. Newport "Cliff Walk" - Public right-of-
                               and towns to mark designated rights-of-way.                      way - legal studies. The council is hereby directed to
                                 (4) In conjunction herewith, every state department            carry out any and all legal studies which it shall deem
                               controlling state-owned land close to or adjacent to             necessary in order to designate the Newport "Cliff
                               discovered rights-of-way is authorized to set out the            Walk", so called, as a public right-of-way pursuant to ï¿½
                               land, or so much thereof as may be deemed necessary              46-23-6(E).
                               for public parking.
                                 (5) No such use of land for public parking shall               46-23-6.2. Abandonment of rights of way. No city or
                               conflict with existing or intended use of the land, and no       town shall abandon a right of way designated as such by
                               improvement shall be undertaken by any state agency              the council unless the council approved the
                               until detailed plans have been submitted to and approved         abandonment.
                               by the governing body of the local municipality.
                                 (6) In designating rights-of-way, the council shall            46-23-7. Violations. (a) (1) In any instances wherein
                               consider the following matters in making its designation:        there is a violation of the coastal resources management
                                 (a) Land evidence records;                                     program, or a violation of regulations or decisions of the
                                 (b) The exercise of domain over the parcel such as             council, the commissioner of coastal resources
                               maintenance construction, or upkeep;                             management shall have the power to order any person
                                 (c) The payment of taxes;                                      to cease and desist or to remedy any violation of any
                                 (d) The creation of a dedication;                              provisions of this chapter, or any rule regulation, assent,
                                 (e) Public use;                                                order, or decision of the council whenever the
                                 (f) Any other public record or historical evidence as          commissioner of coastal resources management shall
                               maps and street indexes;                                         have reasonable grounds to believe that such violation
                                 (g) Other evidence as set out in ï¿½ 42-35-10.                   has occurred.
                                 (7) A determination by the council that a parcel is a             (2) Council staff, conservation officers within the
                               right-of-way shall be decided by substantial evidence.           department of environment, and state and municipal
                                 (8) The council shall be notified whenever by the              police shall be empowered to issue written cease and
                               judgement of the governing body of a coastal                     desist orders in any instance where activity is being
                               municipality, a public right-of-way to tidal water areas         conducted which constitutes a violation of any
                               located in such municipality has ceased to be useful to          provisions of this chapter, or any rule, regulation,
                               the public, and such governing body proposes an order            assent, order, or decision of the council.
                               of abandonment of such public right-of-way. Said                    (3) Conservation officers within the department of
                               notice shall be given not less than sixty (60) days prior        environment, council staff, and state and municipal
                               to the date of such abandonment.                                 police shall have authority to apply to a court of
                                                                                                competent jurisdiction for a warrant to enter on private
                               (F) Pre-existing residential boatingfacilities.                  land to investigate possible violations of this chapter;
                                 (1) The council is hereby authorized and empowered             provided that they have reasonable grounds to believe
                               to issue assent for pre-existing residential boating             that a violation has been committed, is being committed,
                               facilities constructed prior to January 1, 1985. These           or is about to be committed.
                               assents may be issued for pre-existing residential                  (b) Any order or notice issued pursuant to subsection
                               boating facilities, even though such facilities do not meet      (a) shall be eligible for recordation under chapter 13 of
                               current standards and policies of the council, provided,         title 34, and shall be recorded in the land evidence
                               however, that the council finds that such facilities do not      records in the city/town wherein the property subject to
                               pose any significant risk to the coastal resources of the        the order is located, and any subsequent transferee of
                               state of Rhode Island and do not endanger human safety.          the property shall be responsible for complying with the
                                 (2) In addition to the above criteria, the applicant           requirements of the order and notice.
                               shall provide clear and convincing evidence that:                   (c) The coastal resources management council shall
                                 (a) The facility existing in substantially the same            discharge of record any notice filed pursuant to


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                                                                             Rhode Island Coastal Resources Management Program

                              subsection (b) within thirty (30) days after the violation      46-23-7.3. Criminal penalties.         Any person who
                              has been remedied.                                              knowingly violates any provision of this chapter, the
                                                                                              coastal resources management program, or any rule,
                              46-23-7.1. Administrative penalties. Any person who             regulation, assent, or order shall be guilty of a
                              violates, or refuses or fails to obey, any notice or order      misdemeanor, and, upon conviction thereof shall be
                              issued pursuant to ï¿½ 46-23-7(a); or any assent, order, or       fined not more than five hundred dollars ($500) or by
                              decision of the council, may be assessed an                     imprisonment of not more t1= three (3) months or both;
                              administrative penalty by the chairperson or executive          and each day the violation is continued or repeated shall
                              director in accordance with the following:                      be deemed a separate offense.
                                 (i)   The chairperson or executive director is
                              authorized to assess an administrative penalty of not           46-23-7.4. Penalty for blocking or posting of rights-
                              more than one thousand dollars ($1,000) for each                of-way. Any person who shall post or block any tidal
                              violation of this section, and is authorized to assess          water, public right-of-way, as designated by the council,
                              additional penalties of not more than one hundred               shall be punished by a fine not exceeding five hundred
                              dollars ($100) for each day during which this violation         dollars ($500) or by imprisonment for not more than
                              continues after receipt of a cease and desist order from        three (3) months or both; and each day the posting or
                              the council pursuant to ï¿½ 46-23-7(a), but in no event           blocking continues or is repeated shall be deemed a
                              shall the penalties in an aggregate exceed five thousand        separate offense.     The chairperson of the council,
                              dollars ($5,000). Prior to the assessment of a penalty          through council's legal counsel or the attorney general,
                              under this subdivision, the property owner or person            may apply to any court of competent jurisdiction for an
                              committing the violation shall be notified by certified         injunction to prevent the unlawful posting or blocking of
                              mail or personal service that a penalty is being assessed.      any tidal water, public right-of-way.
                              The notice shall include a reference to the section of the
                              law, rule, regulation, assent, order or permit condition        46-23-7.5. Prosecution of criminal violations. The
                              violated; a concise statement of the facts alleged to           chairperson and anyone designated by the chairperson,
                              constitute the violation; a statement of the amount of the      without being required to enter into any recognizance or
                              administrative hearing.                                         to give surety for cost, may institute proceedings in the
                                 (ii) The party shall have twenty-one (21) days from          name of the state. It shall be the duty of the attorney
                              receipt of the notice within which to deliver to the            general arid/or the solicitor of the city or town in which
                              council a written request for a hearing. This request           the alleged violation has occurred to conduct the
                              shall specify in detail the statements contested by the         prosecution of all the proceedings. The chairperson
                              party. The executive director shall designate a person          may delegate his or her authority to bring prosecution
                              to act as hearing officer. If no hearing is requested,          by complaint and warrant to any law enforcement
                              then after the expiration of the twenty-one (21) day            officials authorized by law to bring complaints for the
                              period, the council shall issue a final order assessing the     issuance of search or arrest warrants pursuant to
                              penalty specified in the notice. The penalty is due when        chapters 5 and 6 of title 12.
                              the final order is issued. If the party shall request a
                              hearing, any additional daily penalty shall not                 46-23-8. Gifts, grants, and donations. The council is
                              commence to accrue until the council issues a final             authorized to receive any gifts, grants, or donations
                              order.                                                          made for any of the purposes of its program, which
                                 (iii) If a violation is found to have occurred, the          shall be deposited as general revenues, and to disburse
                              council may issue a final order assessing not more than         and administer the gifts, grants, or donations amounts
                              the amount of the penalty specified in the notice. The          appropriated in accordance with the terms thereof. The
                              penalty is due when the final order is issued.                  council is authorized to receive any sums provided by
                                 (tv) The party may within thirty (30) days appeal the        an applicant for use by the council in its hearing
                              final order of fine assessed by the council to the              process, which shall be deposited as general revenues,
                              superior court which shall hear the assessment of the           and to disburse and administer the general revenue
                              fine de novo.                                                   amounts appropriated in accordance with the rules and
                                                                                              regulations promulgated by the council.
                              46-23-7.2.     Proceedings for enforcement.             The
                              superior court shall have jurisdiction to enforce the           46-23-9. Subpoena. The council is hereby authorized
                              provisions of this chapter, the coastal resource                and empowered to summon witnesses and issue
                              management program, or any rule, regulations, assent,           subpoenas in substantially the following form:
                              or order issued pursuant thereto. Proceedings under             Sc.
                              this section may follow the course of equity, and shall         To              of ---           greeting:
                              be instituted and prosecuted in the name of and at the             You are hereby required, in the name of the state of
                              direction of the chairperson and council by the attorney        Rhode Island and Providence Plantations, to make your
                              general or counsel designated by the council.                   appearance before the commission on                       in
                              Proceedings provided in this section shall be in addition       the                        city of -on the
                              to, and may be utilized in lieu of, other administrative        day of - to give evidence of what you know
                              or judicial proceedings authorized by this chapter.             relative to a matter upon investigation by the
                                                                                              commission on - and produce and then and



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                                                                               Rhode Island Coastal Resources Management Program

                               there have and give the following:                                enter into a binding memorandum of agreement allowing
                                 Hereof fail not, as you will answer to default under            for harbormasters and other officials charged with
      40                       the penalty of the law in that behalf made and provided.          enforcement of harbor management plan harbor
                                 Dated at                 the            day of                  ordinances from one coastal municipality to enforce the
                               in the year                                                       harbor ordinances of the bordering coastal municipality
                                                                                                 upon the public waters of the bordering coastal
                               46-23-10.    Cooperation of departments. All other                municipality when the coastal municipalities have harbor
                               departments and agencies and bodies of state                      management plans approved by the coastal resources
                               government are hereby authorized and directed to                  management council and the memorandum of agreement
                               cooperate with and furnish such information as the                is approved by the respective town or city councils.
                               council shall require.                                            This binding memorandum of agreement shall specify
                                                                                                 how each coastal municipality is to receive any fines
                               46-23-11. Rules and regulations. The rules and                    collected under this reciprocal enforcement agreement
                               regulations promulgated by the council shall be subject           and the jurisdiction in which any disputes arising out of
                               to the Administrative Procedures Act.                             this reciprocal enforcement agreement shall be litigated.

                               46-23-12. Representation from coastal communities.                46-23-16.       Length of permits, licenses, and
                               Upon the expiration of a term of a member appointed by            easements. The council is authorized to grant permits,
                               the governor, as an appointed or elected official of local        licenses, and easements for any term of years or in
                               government from a coastal municipality as set out in ï¿½            perpetuity. The division of coastal resources of the
                               46-23-2, the governor shall appoint an appointed or               department of the environment shall transfer all of the
                               elected official of a coastal municipality which, at the          records and files of the former division of harbours and
                               time of the governor's appointment, has no appointed or           rivers to the council.
                               ex officio representation on the council.
                                                                                                 46-23-17. Annual progress report on rights-of-way.
                               46-23-13. Application and hearing fees. The council               Within ninety (90) days after the end of each fiscal year,
                               shall be authorized to establish reasonable fees for              the council shall submit a written progress report on the
                               applications and hearings. All fees collected by the              development of public rights-of-way to the tidal water
                               council, including fees collected for leases, shall be            areas of the state, to the state planning council, the
                               deposited as general revenues. The state controller is            department of environmental management, and the joint
                               hereby authorized and directed to draw his or her orders          committee on the environment, for review, evaluation,
                               upon the general treasurer for payment of such sum or             and recommendation of the program's suitability,
                               sums as may be necessary from time to time and upon               relevance to the recreation element of the state guide
                               receipt by him or her of duly authenticated vouchers              plan, and impact on the natural resources of the state.
                               presented by the commissioner of coastal resources                The report shall also provide detailed records of
                               management.                                                       expenditures and a proposed schedule of fitture projects.

                               46-23-14. Expert testimony. The council shall be                  46-23-18. Dredging activities prohibited without
                               authorized to engage its own expert and outside                   permission of council.        (a) No person, firm, or
                               consultants, and the council shall be empowered to use            corporation shall, without a permit issued by the coastal
                               that testimony in making its decisions.                           resources management council, dredge beneath the
                                                                                                 waters or construct a marina within two thousand feet
                               46-23-15. Federal grants and interstate cooperation.              (2000') of a shellfish management area as defined by
                               The council is authorized to accept any federal grants.           rules and regulations of the department of environmental
                               It is further given the power to administer land and              management.
                               water use regulations as necessary to fulfill their                 (b) Any person, firm, or corporation desiring to
                               responsibilities under the Federal Coastal Zone                   conduct either of the activities specified in subsection (a)
                               Management Act (16 U.S.C. ï¿½1451 et seq.) and to                   shall file an application with the coastal resources
                               acquire fee simple and less than fee simple interests             management council upon forms ftimished by coastal
                               under any federal or state program. The council is                resources management council.
                               authorized to coordinate and cooperate with other states            (i) A hearing shall be held on the application within
                               in furtherance of its purposes. The council may extend            thirty (30) days of filing and, if at the conclusion of the
                               those grants and appropriations. The coastal resources            hearing, the council is satisfied that there will be no
                               management council for the purposes of the federal                adverse impact upon the environment or natural
                               Coastal Zone Management Act (16 U.S.C. ï¿½ 1451 et                  resources of the state as a result of the activities, the
                               seq.) is the coastal zone agency under sections 301               coastal resources management council shall grant the
                               through 313, inclusive, and sections 318 and 6217 of              permit requested.
                               said act.                                                           (ii) The applicant shall bear the burden of proving
                                                                                                 that there will be no adverse impact upon the
                               46-23-15.1      Coordination of harbor safety and                 environment or natural resources of the state, and the
                               enforcement patrols. Coastal municipalities which                 coastal resources management council shall be
                               share a common boundary along their public waters may             empowered to deny the application if the applicant does


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                                                                                Rhode Island Coastal Resources Management Program

                               not demonstrate, in addition to the other requirements of         resources management council from that city or town
                               this chapter, that the activity will not adversely affect         available to serve on the subcommittee. Any member of
                               any shellfish management area as designated by the                the subcommittee actively engaged in hearing a case
                               department of environmental management or the marine              shall continue to hear the case, even though his or her
                               fisheries council.                                                term may have expired, until the case is concluded and
                                                                                                 a vote taken thereon. Hearings before subcommittees
                               46-23-20. Administrative hearing. All contested                   shall be subject to all rules of practice and procedure as
                               cases, all contested enforcement proceedings, and all             govern hearings before hearing officers.
                               contested administrative fines shall be heard by the
                               administrative hearing officers, or by subcormnittees as          46-23-20.2.     Clerk. The commissioner of coastal
                               provided in ï¿½ 46-23-20.1, pursuant to the regulations             resources or his or her designee shall serve as clerk to
                               promulgated by the council, provided, however, that no            the hearing officers. The clerk shall have general
                               proceeding and hearing prior to the appointment of the            charge of the office, keep a full record of proceedings,
                               hearing officers shall be subject to the provisions of this       file and preserve all documents and papers, prepare
                               section.       Notwithstanding the foregoing, the                 such papers and notices as may be required, and
                               comniissioner of coastal resources management shall be            perform such other duties are required.                   The
                               authorized, in his or her discretion, to resolve contested        commissioner shall have the power to issue subpoenas
                               licensing and enforcement proceedings through informal            for witnesses and documents and to administer oaths in
                               disposition pursuant to regulations promulgated by the            all cases before any hearing officer or pertaining to the
                               council.                                                          duties of his or her office.


                               46-23-20.1.      Hearing officers - Appointment -                 46-23-20.3. Pre-hearing procedure - Depositions -
                               Qualifications - Compensation.          (1) The governor,         Exhibits - Formulating issues - Other procedures. (1)
                               with the advise and consent of the state, shall appoint           Prior to the commencement of any hearing, the hearing
                               two (2) hearing officers who shall be attomeys-at-law,            officer may in his or her discretion direct the parties or
                               who, prior to their appointment, shall have practiced             their attorneys to appear before him or her for such
                               law for a period of not less than five (5) years for a term       conferences as shall be necessary. At the conferences,
                               of five (5) years, provided, however, that the initial            the hearing officer may order any party to file, prior to
                               appointments shall be as follows: One hearing officer             the commencement of any formal hearing, exhibits that
                               shall be appointed for a term of three (3) years and one          the party intends to use in the hearing, and the names
                               hearing officer shall be appointed for a term of five (5)         and addresses of witnesses that the party intends to
                               years. The appointees shall be addressed as hearing               produce in its direct case together with a short statement
                               officers.                                                         of the testimony of each witness. Following entry of an
                                 (2) The governor shall designate one of the hearing             order, a party shall not be permitted, except in the
                               officers as chief hearing officer. The hearing officers           discretion of the hearing officer, to introduce into
                               shall hear proceedings as provided by this section, and           evidence, in the party's direct case, exhibits which are
                               the council, with the assistance of chief hearing officer,        not filed in accordance with the order.               At the
                               may promulgate such rules and regulations as shall be             conference, the hearing officer may designate a date
                               necessary or desirable to effect the purposes of this             before which he or she requires any party to specify
                               section.                                                          what issues are conceded, and further proof of conceded
                                 (3) A hearing officer shall be devoted full time to             issues shall not be required. The hearing officer shall
                               these administrative duties, and shall not otherwise              also require the parties to simplify the issues, to
                               practice law while holding office nor be a partner nor an         consider admissions of fact and of documents which will
                               associate of any person in the practice of law.                   avoid unnecessary proof and to limit the number of
                                 (4)    Compensation for hearing officers shall be               expert witnesses. The hearing officer shall enter an
                               determined by the unclassified pay board.                         order reciting the concessions and agreements made by
                                 (5) Appointments of subcommittee. Whenever the                  the parties, and shall enter an order on such other
                               chairperson of the coastal resources management                   matters as are pertinent to the conduct of the hearing,
                               council or, in the absence of the chairperson, the                and unless modified, the hearing shall be conducted by
                               commissioner of coastal resources makes a finding that            the order.
                               the hearing officers are otherwise engaged and unable to             (2) The hearing officer may also order the parties to
                               hear a matter in a timely fashion, he or she may appoint          file, prior to the commencement of any hearing, the
                               a subcommittee which will act as hearing officers in any          testimony of any or all of their respective witnesses, and
                               contested case coming before the council.                 The     to submit the testimony to the hearing officer and the
                               subcommittee shall consist of at least one member,                opposing party or the opposing counsel by such date as
                               provided, however, that in all contested cases an                 the hearing officer shall determine. The witness shall
                               additional member shall be a resident of the coastal              testify under oath, and all of the testimony shall be in a
                               community affected. The city or town council of each              question and answer format. Save for good cause
                               coastal community shall, at the beginning of its term of          shown, said testimony shall be the direct examination of
                               office, appoint a resident of that city or town to serve as       the witness, provided, however, that the witness shall be
                               an alternate member of the aforesaid subcommittee                 available at the hearing for cross-examination by the
                               should there be no existing member of the coastal                 opposing party or opposing counsel.


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                                                                              Rhode Island Coastal Resources Management Program

                                 (3) The council, with the assistance of the chief             given an opportimity to be heard, and if the justice shall
                              hearing officer, shall promulgate, by regulation, such           determine that the person has refused without reasonable
                              other prehearing procedures and/or hearing procedures            cause or legal excuse to be examined or to answer a
                              as deemed necessary, include the use of portions of the          legal or pertinent questions, he or she may impose a fine
                              superior court civil rules of discovery where such are           upon the offender or forthwith commit the offender to
                              not inconsistent with the applicable provisions of the           the adult correctional institution, there to remain until he
                              Administrative Procedures Act.                                   or she submits to do the act which he or she was so
                                                                                               required to do, or is discharged according to law.
                              46-23-20.4. Hearings - Orders.          (1) Subject to the
                              provisions of this chapter, every hearing for the                46-23-21. Notice of permit - Recordation. . A notice
                              adjudication of a violation or for a contested matter shall      of permit shall be eligible for recordation under chapter
                              be held before a hearing officer or a subcomniittee. The         13 of title 34 as determined by the executive director,
                              chief hearing officer shall assign a hearing officer to          and shall be recorded at the expense of the applicant in
                              each matter not assigned to a subcommittee. After due            the land evidence records of the city or town where the
                              consideration of the evidence'and arguments, the                 property subject to permit is located, and any
                              hearing officer shall make written proposed findings of          subsequent transferee of the property shall be
                              fact and proposed conclusions of law which shall be              responsible for complying with the terms and conditions
                              made public when submitted to the council for review.            of the permit. The clerk of the various cities and towns
                              The council may, in its discretion, adopt, modify, or            shall record any orders, findings, or decisions of the
                              reject the findings of fact and/or conclusions of law            council at no expense to the council.
                              provided, however, that any modification or rejection of
                              the proposed findings of fact or conclusions of law shall        46-23-22. Solid waste disposal licenses - Hearings.
                              be in writing and shall state the rationales therefor.           The chairperson of the coastal resources management
                                                                                               council and the commissioner of the environmental
                                 (2) The director of the department of the environment         protection branch of the department of environmental
                              and the coastal resources management council shall               management shall coordinate concurrent hearings on
                              promulgate such rules and regulations, not inconsistent          solid waste disposal license applications, provided,
                              with law, as to assure uniformity of proceedings as              however, that the chairperson and the commissioner of
                              applicable.                                                      the environmental protection branch of the department
                                                                                               of the environment may designate a hearing officer or
                              46-23-20.5.   Exparte consultations. Council members             subcommittee to hear all matters pertaining to the
                              shall have no communication directly or indirectly, with         application and, provided further, that the hearing
                              a hearing officer relating to any issue of fact or of law        officer maybe from the department of the environment,
                              on any matter then pending before the hearing officer.           the coastal resources management council hearing
                                                                                               officer, a subcommittee, or an ad hoc hearing officer.
                              46-23-20.6. Oaths - Subpoenas - Powers of hearing                The commissioner of coastal resources management
                              officers.    The hearing officers are hereby severally           with the approval of the chairperson may waive
                              authorized and empowered to administer oaths, and the            jurisdiction in those instances where the commissioner
                              hearing officers, in all cases of every nature pending           finds that there is no substantive coastal resources issue
                              before them, are hereby authorized and empowered to              or that another agency or branch has adjudicated or
                              summon and examine witnesses and to compel the                   addressed the issue.
                              production and examination of papers, books, accounts,
                              documents, records, certificates and other legal evidence        46-23-23.          Municipal      comprehensive         plan
                              that may be necessary or proper for the determination            consideration.      The coastal resources management
                              and decision of any question before or the discharge of          council shall conform to the requirements of the
                              any duty required by law of the hearing officer. All             Comprehensive Planning and Land Use Regulation Act,
                              subpoenas and subpoena duces tecum shall be signed by            ï¿½ 45-22-2.
                              a hearing officer or the conunissioner of coastal
                              resources, and shall be served as subpoenas are served           46-23-24. Lien on property. The executive director
                              in civil cases in the superior court; and witnesses so           may record the notice of fee or final order of fine as a
                              subpoenaed shall be entitled to the same fees for                lien on the subject property in the land evidence records
                              attendance and travel as are provided for witnesses in           of the town or city in which said property is located.
                              civil cases in the superior court. In cases of contumacy         Recordation of said fee or final order of fine shall be the
                              or refusal to obey the command of the subpoena so                only manner by which said lien may be perfected
                              issued, the superior court shall have jurisdiction upon          against the subject property.
                              application of the council with proof by affidavit of the
                              fact, to issue a rule or order returnable, in not less than
                              two (2) nor more than five (5) days, directing the person
                              to show cause why he or she should not be adjudged in
                              contempt. Upon return of such order, the justice,
                              before whom the matter is brought for hearing shall
                              examine under oath the person, and the person shall be


                              Original Edition                                            Page 8                                     Enabling Legislation






 0


                       Part One.

                      Authorities
                             and
                      Procedures


 0










 0






                                                                       Rhode Islmd Coastal Resources Management Program

                           Section 100.                                               categories:
                           Alterations and Activities                                    1) Coastal beaches and dunes;
                                                                                         2) Barrier beaches;
                           That Require an Assent from the                               3) Coastal wetlands;
                           Coastal Resources Management                                  4) Coastal cliffs, bluffs, and banks;
                           Council                                                       5) Rocky shores; and,
                                                                                         6) Manmade shorelines.

                           100.1. Tidal Waters, Shoreline Features,                      The prerequisites, standards, and Category B
                           and Contiguous Areas                                       requirements for on-land activities listed in
                                                                                      Sections 300.1 through 300.15 and in Section 330
                              A.    A Council Assent is required for any              of this document apply to shoreline features, their
                           alteration or activity listed in Table 1, Table 1A, or     200-foot contiguous area, and inland activities
                           Table 113 that are proposed for (1) fidal waters           subject to Sections 320 and 325.
                           within the territorial seas (including coastal ponds,
                           some of which are not fidal but which are coastal
                           waters associated with a barrier beach system, and
                           are physiographical features); (2) shoreline
                           features; and (3) areas contiguous to shoreline
                           features. Contiguous areas include all lands and
                           waters directly adjoining shoreline features that
                           extend inland two hundred (200) feet from the
                           inland border of that shoreline feature.

                              Any alteration or activities as defined in this
                           section must have an assent card posted and have
                           a copy of the assent available at the site where the
                           intended activity or alteration is to take place.
                           Failure to post assent card and/or have a copy of
                           the Assent available constitutes a violation under
                           this program.

                              B. Council Assents are also required for any
                           other activity or alteration not listed in Table 1,
                           Table IA, or Table 113 but which (1) has a
                           reasonable probability of conflicting with the
                           Council's goals and its management plans or
                           programs, and/or (2) has the potential to damage
                           the environment of the coastal region.

                              C. Tidal waters and coastal ponds have been
                           assigned to one of six use categories. Findings,
                           goals, and policies pertaining to each water use
                           category are found in Part Two of this document.
                           Large-scale maps showing the use categories are
                           available in coastal town halls and at the Council's
                           offices. The precise delineation of the seaward
                           boundaries of the state's territorial sea must be
                           clarified through special state legislation. Until
                           that time, the Council shall use as a guide-line the
                           boundaries shown in Figure 1. The land-ward
                           boundary of the territorial sea is the mean high
                           water mark along the Rhode Island coast.

                              D. Shoreline features together encompass the
                           entire shore and are assigned to the following



                           Original Edition                                       Page 1                                       Section 100.1






                                                                   Rhode Island Coastal Resources Management Program

                          Section 100.2
                          Inland of Shoreline Features and
                          Contiguous Areas

                            A. The Council reserves the right to review the
                          following categories of alterations and activities
                          proposed inland of shoreline features and their
                          contiguous areas:

                            1) Power-generating plants (excluding facilities
                               of less than a 40-megawatt capacity);
                            2) Petroleum storage facilities (excluding those
                               of less than a 2,400-barrel capacity);
                            3) Chemical or petroleum processing;
                            4) Minerals extraction;
                            5) Sewage treatment and disposal facilities
                               (excluding individual      sewage      disposal
                               systems);
                            6) Solid waste disposal facilities; and,
                            7) Desalination plants.

                            Where, on the basis of a review, it is found that
                          a proposal has a reasonable probability of conflict
                          with adopted resources management plans or
                          programs, and/or has the potential to damage the
                          coastal environment, the Council shall require that
                          an Assent be obtained.       Inland activities and
                          alterations that may be subject to Council
                          permitting are defined, and Council findings,
                          goals, policies, and regulations are set forth, in
                          Section 320.































                          Original Edition                                  Page 1                                     Section 100.2






                                                                 Rhode Island Coastal Resources Management Prognun


                          Section 100.3
                          Critical Coastal Areas

                          A.      Watersheds of Poorly Flushed
                          Estuaries

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


                            a) Subdivisions, cooperatives, and other multi-
                               ownership    facilities [of six (6) units or
                               more];
                            b) Any structure serviced by an on-site sewage
                               disposal system servicing 2,000 gallons or
                               more per day;
                            c) Any activity which results in the creation of
                               40,000 sq. ft. or more of impervious surface;
                            d) Construction or extension of municipal or
                               industrial sewage facilities or systems (not
                               connections to individual homes); and,
                            e) Water distribution systems or extensions of
                               supply lines (not connections to individual
                               homes).

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













                          Original Edition                                  Page I                                    Section 100.3







                                                                         Rhode Island Coastal Resources Management Program

                             Table 1. Review Categories and Prohibited Activities in Tidal Waters and
                             on Adjacent Shoreline Features (Water Type Matrices)

                               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 appearing in Table I (Matrices)
                             See definitions in Section 300.2 (A) for differentiation between Category A and B reviews.
                             Municipal sewer lines are reviewed as Category B.
                             Utility lines are reviewed as Category B.
                             See Section 210.3(C)6; the review categories shown herefor Type 3, 4, 5, and 6 waters apply to wetlands
                             designatedfor preservation.
                             For residential docks, piers, floats see Section 300.4.C.4 for review procedures.
                             See Section 200.2. C. 2 for pre-existing marinas in Type 2 Waters.
                             Category A review for pre-existing marinas in Type 2 waters (See Section 300.9.A.1);- Category B review                       
				     for resential boating facilities in Type 2 waters (See Section 300.9.E.7).
                             Structural shoreline protection facilities be only be permitted to protect historic structures which are                            currently listed in the National Register Of%
                             currently listed in the National Register of Historic Places. Additionally, the proposal must meet all
                             applicable standards contained within in Section 300. 7




                               Figure 1. Rhode Island's Territorial Sea.



                                                                                                                              


                                                                                                                            
                                                                                                                         


                                                                                                       
                                                                                                                                                                                                                                                                                                                                                                                            
                                 



                                                                            








                               













                                     

                             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.



                             Original Edition                                       Page I                                     Activity Matrices
 





                                                                        Rhode Island Coastal Resources Management Program


                                                                                                       rA
                                                                                                                                        Eb
                                                                                                                                        0
                                                                                                       cd                               0









                                                                                                                               0
                                                                                                    0
                                                                                                                                        4.

                             Type I Waters                                                                        M     C13    U
                                                                                                                  0     d)
                                                                                             0      -8                               M
                                                                                             M      I@:)I  @m     U     =            :211

                             Filling, Removal, and Grading of Shoreline Features      NA     P      P   A'   Al         P      P     A'   B

                             Residential Structures                                   P      P      P   P    A     P    P      P     P    B

                             Commercial/Industrial Structures                         P      P      P   P    B     P    P      P     P    P

                             Recreational Structures                                  P      P      P   P    B     P    P      P     B    B

                             Recreational Mooring Areas                               P      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,*& 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   V    B     P    P      P     P    B

                             Individual Sewage Disposal Systems                       P      P      P   P    A     P    P      P     P    B
                             Point Discharges - Runoff                                B      A      A   A    A     A    A      A     A    A
                             Point Discharges - Other                                 P      P      P   P    B     P    P      P     P    B

                             Non-Structural Shoreline Protection                      A      A      A   A    A     A    A      A     A    A
                             Structural Shoreline Protection                          P      P      P   P    P     P    P      P     B    B8

                             Energy-related Activities/
                              Structures                                              P      P      P   V    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 Lots,
                             Railroad Lines, Airports                                 P      P      P   P    B     P    P      P     B    B



                             Original Edition                                      Page 2                                      Activity Matrices






                                                                               Rhode Island Coastal Resources Management Program



                                                                                                                rA



                                                                                                                                                      0
                                                                                                                                                      cl

                                                                                                                                   cd           rA
                                                                                                                       V3
                                                                                                                       .0    rA
                                                                                                                >

                                                                                                                                         "0
                                                                                                     rA                                  On     "al   4. C1
                                                                                                                                   Cz           co    0 Q
                                                                                                             >
                               Type 2 Waters                                                                                       4
                                                                                                                -0                 0
                                                                                                                0      0     0     0     0
                                                                                                                @_V    a     U     x     64

                               Filling, Removal, and Grading of Shoreline Features            NA     P       P    A'    A'    P    P     P      A'     B

                               Residential Structures                                         P      P       P    P     A     P    P     P      A      B

                               CommerciaLqndustrial Structures                                P      P       P    P     B     P    P     P      B      p

                               Recreational Structures                                        P      P       P    P     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*                                               B      B       B    P     B     B    P     B      B      B
                               Residential Docks,*Piers,*& Floats                             A/BB           P    P     B     B    B     B      B      B
                               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     B      B      B
                               Individual Sewage Disposal Systems                             P      P       P    P     A     P    P     P      P      B
                               Point Discharges - Runoff                                      A      A       A    A     A     A    A     A      A      A
                               Point Discharges - Other                                       B      P       P    P     B     P    P     P      P      B

                               Non-Structural Shoreline Protection                            A      A       A    A     A     A    A     A      A      A
                               Structural Shoreline Protection                                B'     B       P    P     P     P    B     B      B      B

                               Energy-related Activities/
                                 Structures                                                   B      P       P    P3    B     P    P     P      B      B
                               Dredging - Improvement                                         P      NA      NA   NA    NA    P    NA    NA     NA     NA
                               Dredging - Maintenance                                         A/B7   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     P       B    B     B     P    P     B      B      B

                               Beach Nourishment                                              B      B       B    B     B     P    NA    NA     NA     B
                               Filling in Tidal Waters                                        P6     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 Lots,
                               Railroad Lines, Airports                                       B      P       P    P     B     P    P     P      B      B



                               Original Edition                                            Page 3                                          Activity Matrices






                                                                       Rhode Island Coastal Resources Management Program





                                                                                                      co                               0
                                                                                                                                       0


                                                                                                                                    W
                                                                                                   0                   03
                                                                                             rA

                                                                                                   co >
                                                                                                                                    0

                                                                                       V
                                                                                                   0
                                                                                                      Cl                               465
                                                                                                      W
                            Type 3 Waters                                                    -5    .0 0
                                                                                                           8    U0     z"      4@

                            Filling, Removal, and Grading of Shoreline Features        NA    B     P   A'    A'    P   P       B    A'    B

                            Residential Structures                                     P     P     P   P     A     P   P       P    A     B

                            Commercial/Industrial Structures                           B     B     P   P     B     P   B       B    B     B

                            Recreational Structures                                    B     B     P   P     B     P   B       B    B     B

                            Recreational Mooring Areas                                 B     NA    NA  NA    NA    NA NA       NA   NA    NA

                            Marinas                                                    B     B     P   P     B     P   B       B    B     B

                            I.Aunching Ramps*                                          B     B     P   B     B     P   B       B    B     B
                            Residential Docks,*Piers,*& Floats                         A/B'A       P   P     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   132   B     P   P       B    B     B
                            Individual Sewage Disposal Systems                         P     P     P   P     A     P   P       P    B     B
                            Point Discharges - Runoff                                  A     A     A   A     A     A   A       A    A     A
                            Point Discharges - Other                                   B     B     P   B     B     P   P       P    B     B

                            Non-Structural Shoreline Protection                        A     A     A   A     A     A   A       A    A     A

                            Structural Shoreline Protection                            B     B     P   P     P     P   B       B    B     B

                            Energy-related Activities/
                             Structures                                                B     P     P   P3    B     P   B       B    B     13
                            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
                            M, ' 9                                                     P     P     P   P     P     P   P       P    P     P
     41                     Construction of Public Roads, Bridges, Parking Lots,
                            Railroad Lines, Airports                                   B     P     P   P     B     P   B       B    B     B



                            Original Edition                                      Page 4                                       Activity Matrices






                                                                               Rhode Island Coastal Resources Management Program




                                                                                                                                                     0
                                                                                                                Cd                                   0
                                                                                                                                                     Cd


                                                                                                                                   Cd
                                                                                                                0

                                                                                                            Cd  >
                                                                                                                      Cd    Cd                   0

                                                                                                            Q@                           0
                                                                                                Cd          0                            @0              03
                                                                                                            -0  Cd    0.                 Q0
                                                                                                                      0            cl            as  0 U
                                                                                                            >
                                                                                                            0
                               Type 4 Waters                                                          Cd              >     cl     C1    0       cl
                                                                                                                      a)    0      d)    0
                                                                                                                      0     U      z     04


                               Filling, Removal, and Grading of Shoreline Features              NA    B     P    A'      A'   P    B     B       A'      B

                               Residential Structures                                           P     P     P    P       A    P    P     P       A       B

                               Commercial/Industrial. Structures                                B     B     P    P       B    P    B     B       B       B

                               Recreational Structures                                          B     B     P    P       B    P    B     B       B       B

                               Recreational Mooring Areas                                       B     NA    NA   NA      NA   NA NA      NA      NA      NA

                               Marinas                                                          B     B     P    P       B    P    B     B       B       B

                               Launching Ramps*                                                 B     B     P    B       B    P    B     B       B       B
                               Residential Docks,*Piers,*& Floats                               A/B'A       P    P       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                                                      B     B     P    P2      B    P    B     B       B       B
                               Individual Sewage Disposal Systems                               P     P     P    P       A    P    P     P       A       B
                               Point Discharges - Runoff                                        A     A     A    A       A    A    A     A       A       A
                               Point Discharges - Other                                         B     B     P    B       B    P    B     B       B       B

                               Non-Structural Shoreline Protection                              -A    A     A    A       A    A    A     A       A       A

                               Structural Shoreline Protection                                  B     B     P    P       P    P    B     B       B       B

                               Energy-related Activities/
                                Structures                                                      B     B     P    P3      B    P    B     B       B       B
                               Dredging - Improvement                                           B     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 Lots,
                               Railroad Lines, Airports                                         B     B     P    P       B    P    B     B       B       B



                               Original Edition                                           Page 5                                           Activity Matrices






                                                                       Rhode Island Coastal Resources Management Program


                                                                                                      0



                                                                                                      Cz                               0


                                                                                                                                       U
                                                                                                                       Cd


                                                                                            Z     cl                                0  0
                                                                                                           co    Cc         Gn

                                                                                            cz                              0
                                                                                                  0                         .0      0
                                                                                                  0   cd
                                                                                                           0                           5 0
                                                                                                           0
                                                                                            co                         0    U
                            Type 5 Waters                                                                  t     0     0
                                                                                            =0    ]rï¿½.     @z    U__ x

                            Filling, Removal, and Grading of Shoreline Features      NA     B     P    A'   A'    P    B    B       A'   B
                            Residential Structures                                   P      P     P    P    A     P    B    B       A    B

                            Commercial/Industrial Structures                         B      B     P    P    B     P    B    B       B    B

                            Recreational Structures                                  B      B     P    P    B     P    B    B       B    B

                            Recreational Mooring Areas                               B      NA    NA   NA   NA    NA NA     NA      NA   NA

                            Marinas                                                  B      B     P    P    B     P    B    B       B    B

                            Launching Ramps*                                         B      B     P    B    B     P    B    B       B    B
                            Residential Docks,*Piers,*& Floats                       A/B'A        P    P    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                          B      B     P    P    P     P    B    B       B    B
                            Energy-related Activities/
                             Structures                                              B      B     P    P3   B     P    B    B       B    B
                            Dredging - Improvement                                   B      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   Lots,
                            Railroad Lines, Airports                                 B      B     P    P    B     P    B    B       B    B




                            Original Edition                                      Page 6                                      Activity Matrices






                                                                       Rhode Island Coastal Resources Management Program




                                                                                                      Cz                               0
                                                                                                                       U               0
                                                                                                                                       cl

                                                                                                                       co         0
                                                                                                  W   0    .(U

                                                                                                                                  0
                                                                                                                                       .9
                                                                                                                                       w
                                                                                     2C
                                                                                                  0
                                                                                                                       8
                                                                                                                       C1              00
                            Type 6 Waters                                                         0        0
                                                                                           Cd              >     as    Cd   U
                                                                                           4)     "a       d)    0     0    0
                                                                                                      0                           cl
                                                                                                      :@         U          04  1 :5-,1@ V)

                            Filling, Removal, and Grading of Shoreline Features      NA    B      P    A'    A'   P    B    13    A'     B

                            Residential Structures                                   P     P      P    P     A    P    B    B     A      B

                            Commercial/Industrial Structures                         B     B      P    P     B    P    B    B     B      B

                            Recreational Structures                                  B     B      P    P     B    P    B    B     B      B

                            Recreational Mooring Areas                               B     NA     NA   NA    NA   NA NA     NA    NA     NA

                            Marinas                                                  B     B      P    P     B    P    B    B     B      B

                            Launching Ramps*                                         B     B      P    B     B    P    B    B     B      B
                            Residential Docks,*Piers,*& Floats                       A/B'B        P    P     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    P'    B    P    B    B     B      B
                            Individual Sewage Disposal Systems                       P     P      P    P     A    P    B    B     A      B
                            Point Discharges - Runoff                                A     A      A    A     A    A    A    A     A      A
                            Point Discharges - Other                                 B     B      P    B     B    P    B    B     B      B

                            Non-Structural Shoreline Protection                      A     A      A    A     A    A    A    A     A      A

                            Structural Shoreline Protection                          B     B      P    P     P    P    B    B     B      B

                            Energy-related Activities/
                             Structures                                              B     B      P    P'    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 Lots,
                            Railroad Lines, Airports                                 B     B      P    P     B    P    B    B     B      B




                            Original Edition                                      Page 7                                      Activity Matrices






                                                                      Rhode Island Coastal Resources Management Program

                            Table IA. Review Categories in the 200-foot Area Contiguous to Shoreline Features.


                                                                                                Review
                            Alteration or Activit                                               Cat=ry

                            Filling, Removal, and Grading of
                            Shoreline Features                                                  A/B'
                            Residential buildings                                               A2

                            Commercial and Industrial Structures                                A/B3

                            Recreational Structures                                             A/B  3
                            Municipal Sewage Treatment Facilities                               A1B'

                            Individual Sewage Disposal Systems                                  A

                            Point Discharges - Runoff                                           A

                            Point Discharges - Other                                            B

                            Structural Shoreline Protection                                     B


                            Non-Structural Shoreline Protection                                 A

                            Upland Dredged Material Disposal                                    B

                            Energy-related Structures                                           B

                            Mining                                                              B

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

                            Associated Residential Structures                                   A/F (F-Finding of No Significant Impact)


                            NOTE: Setbacks from buffers and/or critical erosion areas as required in this program or any Special
                            Area Management Plan are to be applied to these activities


                            Footnotes:
                            1. Section 300.2(A)2for differentiation between Category A and B reviews.
                            2. See Section 320. D. 2.
                            3. For commercial and industrial structures, recreational structures, and municipal sewage treatment
                            facilities, a Category "A" review may be permitted provided that the Executive Director determines that.-
                              (])  All criteria in Section 110. ]A are met;
                              (2)  Yhe proposed activity is determined to be a minor alteration with respect to potential impacts to the
                                   waterway, coastalfeature, and in areas within RICRMPjurisdiction;
                              (3)  The proposed activity conforms with any and all applicable adopted CRMC special area management
                                   plans;
                              (4)  7he proposed activity will not significantly conflict with existing uses and activities in the waterway,
                                   on the coastalfeature, and in areas within RICRMP jurisdiction;
                              (5)  77ze proposed activity does not represent new development of a site within RICRMP jurisdiction
                                   along a Type 1, 2, or 4 waterway.




                            Original Edition                                     Page 8                                     Activity Matrices






                                                                    Rhode Island Coastal Resources Management Program

                           Table 1B. Review Categories for Inland Activities (Section 320 and Section 325)


                           Alteration or Activity                                                      Review Category

                           Statewide


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

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

                           Chemical or petroleum processing facilities                                            B

                           Minerals extraction                                                                    B

                           Sewage treatment and disposal facilities (excluding individual                         B
                             sewage disposal systems)

                           Solid waste disposal facilities                                                        B

                           Desalination plants                                                                    B


                           Extending Onto Coastal Feature or Contiguous Area

                           Subdivision, co-operative, or other multi-ownership facility                           A/B'
                           40,WO square feet of impervious surface                                                A/B  2


                           Critical Coastal Areas

                           Subdivision, co-operative, or other multi-ownership facility                           A/B'
                           20,000 square feet of impervious surface                                               A/B  2
                           On-site sewage disposal system serving more than 2,000 gallons per day                 A/B  2

                           Extension of municipal or industrial treatment facilities or sewer lines               B
                           Water distribution systems or the extension of supply lines                            A/B  2


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

                           'Petermined based on the application of other requirements (e.g., Table I or ]A ) or at the discretion of
                           the Executive Director.










                           Original Edition                                   Page 9                                    Activity Matrices






                                                                      Rhode Island Coastal Resources Management Program


                           Section 110.
                           Applications for Category A and
                           Category B Council Assents


                           110.1 Category A Applications

                              A. The activities and alterations listed as "A" in
                           Table 1 (shoreline features and tidal waters), Table
                           IA (the 200-foot area contiguous to shoreline
                           features) or Table 1B (inland activities) include
                           routine matters and categories of construction and
                           maintenance work that do not require review by
                           the full Council if criteria (1) through (4) below
                           are all met.

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

                              2) All buffer zone and setback requirements as
                              contained in Sections 140 and 150 are met.

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

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

                              B. If the Council's executive director verifies
                           that these criteria have been met, an Assent for the
                           proposed activity or alteration will be issued. This
                           Assent may include stipulations or conditions to
                           ensure compliance with the goals, policies, and
                           standards of this Program.

                              C. If the criteria listed in Section 110. 1 (A) are
                           not verified as met or a substantive objection is
                           filed, the application shall be considered a
                           Category B application and will be reviewed by the
                           full Council.

                              D. Applicants desiring relief from one or more
                           standards may apply for a variance (Section 120).




                           Original Edition                                       Page I                                        Section 110.1






                                                                      Rhode Island Coastal Resources Management Program

                           Section 110.2.
                           Category B Applications

                             A. Applicants for activities and alterations listed
                           as "B" in Table 1 Table IA, or Table IB in
                           addition to adhering to the applicable policies,
                           prerequisites, and standards, are required to
                           address all Category B requirements as listed in
                           applicable sections of the program and, where
                           appropriate, other issues identified by the Council.

                             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 scheduled if
                           there are one or more substantive objections to the
                           project, or at the consensus of four or more
                           members of the Council.

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






































                           Original Edition                                     Page 1                                         Section 110.2






                                                                      Rhode Island Coastal Resources Management Nograns

                           Section 110.3.
                           Substantive Objections

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

                              1) threat of direct loss of property, property
                              values, or other tangible assets of the objector(s)
                              at the site in question;

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

                              3) evidence is presented which demonstrates
                              that the  proposed activity or alteration has a
                              potential for significant adverse impacts on one
                              or more of the following descriptors of the
                              coastal environment: (a) circulation and/or
                              flushing patterns; (b) sediment deposition and
                              erosion; (c) biological communities, including
                              vegetation, shellfish and finfish resources, and
                              wildlife habitat; (d) areas of historic and
                              archaeological significance; (e) scenic and/or
                              recreation values; (f) water quality; (g) public
                              access to and along the shore; (h) shoreline
                              erosion and flood hazards; or

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



























                           Original Edition                                       Page I                                       Section 110.3






                                                                     Rhode Island Coastal Resources Management Program

                           Section 110.4
                           Findings of No Significant Impact

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


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

























                           Original edition                                    Page 1                                       Section 110.4






                                                                      Rhode Island Coastal Resources Management Program

                            Section 120.
                            Variances

                              A.    Applicants desiring a variance from a
                            standard shall make such request in writing and
                            address the five criteria listed below.           The
                            application shall then be granted an Assent only if
                            the Council finds that the following five criteria are
                            met:

                              1)   The proposed alteration conforms with
                              applicable goals and policies in Parts Two and
                              Three.

                              2) The proposed alteration will not result in
                              significant adverse environmental impacts or use
                              conflicts.

                              3) Due to conditions at the site in question, the
                              standard will cause the applicant an undue
                              hardship.

                              4) The modification requested by the applicant
                              is the minimum necessary to relieve an undue
                              hardship.

                              5) The undue hardship is not the result of any
                              prior action of the applicant.

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

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




















                            Original Edition                                      Page I                                          Section 120






                                                                        Rhode Island Coastal Resources Mangement Council

                           Section 130.                                                  4) Assuring satisfactory installation and
                           Special Exceptions                                            maintenance of required public improvements;
                             A. Special exceptions      may be granted to pro-           5) Designating the exact location and
                           hibited activities to permit alterations and activities       nature of development; and
                           that do not conform with a Council goal for the               6) Establishing detailed records by submission
                           areas affected or which would otherwise be pro-               of drawings, maps, plots, or specifications.
                           hibited by the requirements of this document only
                           if and when the applicant has demonstrated that:

                             1) The proposed activity serves a compelling
                             public purpose which provides benefits to the
                             public as a whole as opposed to individual or
                             private interests. The activity must be one or
                             more of the following: (a) an activity associated
                             with public infrastructure such as utility, energy,
                             communications, transportation facilities; (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
                             broad segments of the public.

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

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

                             B. Special exceptions may be granted only after
                           proper notice in accordance with the Rhode Island
                           Administrative Procedures Act, a public hearing
                           has been held, and the record of that hearing has
                           been considered by the full Council. The Council
                           shall make public the findings and conclusions
                           upon which a decision to issue a Special Exception
                           are based.

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

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

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

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


                           Original Edition                                      Page I                                           Section 130






                                                                       Rhode Island Coastal Resources Management Program

                           Section 140.
                           Setbacks
                              A. Definition:     a setback is the minimum               5) Transportation facilities that are not
                           distance from the inland boundary of a coastal               water-dependent (Section 300.13).
                           feature at which an approved activity or alteration          C. Setbacks shall extend a minimum of either
                           may take place.                                            fifty (50) feet from the inland boundary of the
                              B. Setbacks shall be maintained in areas                coastal feature or twenty-five (25) feet inland of
                           contiguous to coastal beaches, coastal wetlands,           the edge of a Coastal Buffer Zone, whichever is
                           coastal cliffs and banks, rocky shores, and existing       further landward.      In areas designated by the
                           manmade shorelines, and apply to the following             Council as Critical Erosion Areas (Table 2), the
                           categories of activities and alterations:                  minimum distance of the setback shall be not less
                                                                                      than 30 times the calculated average annual erosion
                              1) Filling, removal, or grading, except when            rate for less than four dwelling units and not less
                              part of an approved alteration involving a              than 60 times the calculated average annual erosion
                              water-dependent activity or structure (Section          rate for commercial, industrial or dwellings of
                              300.2);                                                 more than 4 units. Due to site conditions over
                                                                                      time, field verification of a coastal feature or
                              2) Residential buildings and garages excluding          coastal buffer zone may result in a setback
                              associated structures (Section 110.4);                  determination different than that calculated using a
                                                                                      shoreline change rate.
                              3) New individual sewage disposal systems,                D. Applicants for alterations and activities who
                              sewage treatment plants, and associated sewer           cannot meet the minimum setback standards may
                              facilities excluding outfalls (Section 300.6).          apply to the Council for a variance (Section 120).
                              Repairs and replacements of existing (permitted)
                              individual sewage disposal systems shall be               E. 'Me setback provisions do not apply to minor
                              exempt from the Council's setback requirements;         modifications or restoration of structures that
                              4) Industrial structures, commercial structures,        conform with all other policies and standards of
                              and public recreation structures that are not           this program.
                              water-dependent (Section 300.3); and




                                                       Table 2. Setbacks in Critical Erosion Areas.

                              Erosion Category               Annual Estimated              Setback Distance*          Setback Distance**
                           (on accomp                          Rate (in feet)                 (in feet)                   (in feet)
                                        (A)                            2-21/2                      75                         150
                                        (B)                            3-4                         120                        240
                                        (C)                            4-5                         150                        300
                                        (D)                            5-6                         180                        360

                               4 units or less
                               more than 4 units

                           NOTE: Setbacks in Critical Erosion areas as found on the accompanying Shoreline Change Maps for
                           Watch Hill to Point Judith will be determined using the rates of change found on each map.








                           Original Edition                                       Page I                                          Section 140






                                                                     Rhode Island Coastal Resources Management Program

                           Section 150.                                                More recently, vegetated buffer zones have
                           Coastal Buffer Zones                                      gained popularity as a best management practice
                                                                                     for the control and abatement of nonpoint source
                                                                                     pollutants (contaminated runoff) and are routinely
                           A. Definition                                             applied in both engineered and natural settings
                                                                                     (Desbonnet et al 1993; EPA 1993).
                           1. A Coastal Buffer Zone is a land area adjacent          3. Coastal Buffer Zones provide multiple uses and
                           to a Shoreline (Coastal) Feature that is, or will be,     multiple benefits to those areas where they are
                           vegetated with native shoreline speciesand which          applied (Desbonnet et al 1993). The multiple uses
                           acts as a natural transition zone between the coast       and benefits of Coastal Buffer Zones include:
                           and adjacent upland development.          A Coastal
                           Buffer Zone differs from a construction setback             (a) Protection of Water Quality: Buffer zones
                           (Section 140) in that the setback establishes a             along the perimeter of coastal water bodies can
                           minimum distance between a shoreline feature and            be effective in trapping sediments, pollutants
                           construction activities, while a buffer zone                (including oil, detergents, pesticides, herbicides,
                           establishes a natural area adjacent to a shoreline          insecticides, wood preservatives and other
                           feature that must be retained in, or restored to, a         domestic chemicals), and absorbing nutrients
                           natural vegetative condition (Figure 2).          The       (particularly nitrogen) from surface water runoff
                           Coastal Buffer Zone is generally contained within           and groundwater flow. The effectiveness of
                           the established construction setback.                       vegetated buffers as a best management practice
                                                                                       for the control of nonpoint source runoff is
                                                                                       dependent upon their ability to reduce the
                           B. Findings                                                 velocity of runoff flow to allow for the
                                                                                       deposition of sediments, and the filtration and
                           1. The establishment of Coastal Buffer Zones is             biological removal of nutrients within the
                           based upon the CRMC's legislative mandate to                vegetated area. In general, the effectiveness of
                           preserve, protect and, where possible, restore              any vegetated buffer is related to its width,
                           ecological systems.                                         slope, soil type, and resident species of
                                                                                       vegetation.     Effective buffers for nonpoint
                           2. Vegetated buffer zones have been applied as              source pollution control, which remove at least
                           best management practices within the fields of              50%, and up to 99%, of sediments and nutrients
                           forestry and agriculture since the 1950s to protect         entering them, range from 15 feet to 600 feet in
                           in-stream habitats from degradation by the input of         width.
                           sediment and nutrients (Desbonnet et a] 1993).

                                       Figure 2. An Example of the Application of a Coastal Buffer Zone



                                                                                            Boundary of
                                                                                         Construction Area


                                        Inland Edge of the                 Buffer
                                          Coastal feature                 Boundary


                                  Coastal                                           Lawn
                                 Feature


                                                      50"Vegetated Buffer.                                           Septic Field


                                                                75, CRMC Setback


                                                                              200'CRMC Jurisdiction                            )0-




                           Original Edition                                      Page 1                                        Section 150






                                                                       Rhode Island Coastal Resources Management Program

                                 The removal of pollutants can be of particular          (d) Erosion Control: Coastal Buffer Zones pro-
                              importance in areas abutting poorly flushed                vide a natural transition zone between the open
                              estuaries that are threatened by an excess of              coast, shoreline features and upland develop-
                              nutrients or are contaminated by runoff water,             ment. Natural vegetation within a Coastal Buffer
                              such as the South Shore Salt Ponds and the                 Zone helps to stabilize the soil, reduces the
                              Narrow River.        Large, well flushed water             velocity of surface water runoff, reduces erosion
                              bodies, such as Narragansett Bay, are also                 of the soil by spreading runoff water over a wide
                              susceptible to nonpoint source pollutant inputs,           area, and promotes absorption and infiltration
                              and can be severely impacted by nonpoint source            through the detrital (leaf) layer and underlying
                              pollutants as has been documented in studies               soils. The extensive root zones often associated
                              completed for the Narragansett Bay Project.                with buffer zone vegetation also help prevent
                                                                                         excessive shoreline erosion during coastal storm
                              (b) Protection of Coastal Habitat: Coastal                 events by stabilizing underlying soils.
                              Buffer Zones provide habitat for native plants
                              and animals. Vegetation within a buffer zone               (e) Flood Control: Coastal Buffer Zones aid in
                              provides cover from predation and climate, and             flood control by reducing the velocity of runoff
                              habitat for nesting and feeding by resident and            and by encouraging infiltration of precipitation
                              migratory species. Some species which use                  and'runoff into the ground rather than allowing
                              coastal buffer zones are now relatively                    runoff to flow overland and flood low lying
                              uncommon, while others are considered rare,                areas. In addition, Coastal Buffer Zones often
                              threatened or endangered. These plants and                 occupy the flood plain itself and thus add to
                              animals are essential to the preservation of               coastal flood protection.
                              Rhode Island's valuable coastal ecosystem.
                                                                                         (f) Protection of Historic and Archaeological
                                 The effectiveness of vegetated buffers as               Resources: Coastal Buffer Zones protect areas
                              wildlife habitat is dependent upon buffer width            of cultural and historic importance such as
                              and vegetation type. In general, the wider the             archaeological sites by helping prevent intrusion
                              buffer the greater its value as wildlife habitat.          while protecting the sites' natural surroundings.
                              Larger buffer widths are typically needed for
                              species that are more sensitive to disturbances
                              (e.g., noise). Furthermore, those buffers that            C. Policies
                              possess vegetation native to the area provide
                              more valuable habitat for sustaining resident             1. The establishment of a Coastal Buffer Zone is
                              species. A diversity of plant species and types           based upon the CRMC's legislative mandate to
                              (e.g., grasses, shrubs and trees) promotes                preserve, protect and, where possible, restore
                              biodiversity within the buffer area, and the              ecological systems. The determination of the
                              region overall.                                           inland boundary of the Coastal Buffer Zone must
                                                                                        balance this mandate with the property owner's
                              (c) Protection of Scenic and Aesthetic Quality:           rights to develop and use the property.
                              One of the primary goals of the Council is to
                              preserve, protect, and where possible restore the         2. The Council shall require Coastal Buffer Zones
                              scenic value of the coastal region in order to            in accordance with the requirements of this section
                              retain the visual diversity and unique visual             for the following: a) new residential development;
                              character of the Rhode Island coast as seen by            b) commercial and industrial development; c)
                              hundreds of thousands of residents and tourists           activities subject to Section 300.8 and Section
                              each year from boats, bridges, and such vantage           300.13; and d) inland activities identified in
                              points as roadways, public parks, and public              Section 320. For existing residential structures,
                              beaches (Section 330). Coastal Buffer Zones               the Council shall require a Coastal Buffer Zone for
                              enhance and protect Rhode Island's scenic and             category "A" and "B" activities when (a) the
                              visual aesthetic resources along the coast.               RIDEM requires the modification or expansion of
                              Coastal buffers also preserve the natural                 an existing septic system or, (b) when the footprint
                              character of the shoreline, while mitigating the          of the structure as of August 8, 1995 is expanded
                              visual impacts of coastal development, Visual             50 percent or more.
                              diversity provides for both contrast and relief
                              between the coastal and inland regions, leading           3. The vegetation within a buffer zone must be
                              to greater aesthetic value of the landscape.              either retained in a natural, undisturbed condition,


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                                                                              Rhode Island Coastal Resources Management Program

                              or properly managed in accordance with the                        in accordance with the standards contained in this
                              standards contained in this section. In cases where               section as well as all other applicable policies and
                              native flora (vegetation) does not exist within a                 standards of the Council.            In order to ensure
                              buffer zone, the Council may require restoration                  compliance with these requirements, the Council
                              efforts which include, but are not limited to,                    may require applicants to submit a Buffer Zone
                              replanting the Coastal Buffer Zone with native                    Management Plan.
                              plant species.
                                                                                                5. In order to enhance conservation, protect water
                              4. Coastal Buffer Zones shall remain covered with                 quality, and maintain the low intensity use
                              native flora and in an undisturbed state in order to              characteristic of Type I and 2 waters, greater
                              promote the Council's goal of preserving,                         buffer widths shall be applied along the coastline
                              protecting, and restoring ecological systems.                     abutting these water types.
                              However, the Council may permit minor
                              alterations to Coastal Buffer Zones that facilitate               6. In critical areas and when the property owner
                              the continued enjoyment of Rhode Island's coastal                 owns adjoining lots, these lots shall be considered
                              resources. All alterations to Coastal Buffer Zones                as one lot for the purposes of applying the values
                              or alterations to the natural vegetation (i.e., areas             contained in Table 2a and ensuring that the
                              not presently maintained in a landscaped condition)               appropriate buffer zone is established.
                              within the Council's jurisdiction shall be conducted



                                       Table 2a. Coastal Buffer Zone Designations For Residential Development



                                                                                               Water Use Category

                                              Residential Lot Size               Type                                                Type
                                                      (sq. ft.)              3, 4, 5 & 6                                          1 & 2


                                                                                                Required Buffer (ft)

                                                     < 10,000                     15               ....................              25


                                                10,000 - 20,000                   25               ....................              50


                                                20,001 - 40,000                   50               ....................              75


                                                40,001 - 60,000                   75               ....................              100


                                                60,001 - 80,000                   100              ....................              125


                                                80,001 - 200,000                  125              ....................              150


                                                    > 200,000                     150              ....................              200







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                                                                        Rhode Island Coastal Resources Management Program

                            D. Standards                                                equal to 25% of the value contained in Table 2a
                                                                                        (0.25 X value contained in Table 2a = Coastal
     is                     1. All Coastal Buffer Zones shall be measured               Buffer Zone requirement).
                            from the inland edge of the most inland Shoreline
                            (Coastal) Feature.                                          This requirement only applies to category "A" and
                                                                                        "B" assents. In addition, the Executive Director
                            2. Coastal Buffer Zone Requirements for New                 shall have the authority to grant a variance to this
                            Residential Development: The minimum Coastal                requirement for category "A" assents in
                            Buffer Zone requirements for new residential                accordance with the burdens of proof contained in
                            development bordering Rhode Island's shoreline              Section 120.
                            are contained in Table 2a. The Coastal Buffer
                            Zone requirements are based upon the size of the            5.   Coastal Buffer Zone Requirements for all
                            lot and the CRMC's designated Water Types (Type             Commercial and Industrial development and
                            1 - Type 6). Where the buffer zone requirements             activities subject to the requirements of Section
                            noted above cannot be met, the applicant may                300.8, Section 300.13, or Section 320: Coastal
                            request a variance in accordance with Section 120.          Buffer Zones shall be determined on a case-by-
                            A variance to 50% of the required buffer width              case basis by the Council. Table 2a may be used
                            may be granted administratively by the Executive            as appropriate guidance. However, depending on
                            Director if the applicant has satisfied the burdens         the activity proposed and its potential impacts on
                            of proof for the granting of a variance. Where it           coastal resources, the Council may require a
                            is determined that the applicant has not satisfied the      Coastal Buffer Zone with a width greater than that
                            burdens of proof, or the requested variance is in           found in the Table 2a.
                            excess of 50% of the required width, the
                            application shall be reviewed by the full Council.          6. All property abutting critical habitat areas, as
                                                                                        defined by the Rhode Island National Heritage
                            3. Coastal Buffer Zone Requirementsfor Existing             Program or the Council, shall possess a minimum
                            Residential Structures that Expand the Footprint of         vegetated buffer zone of 200 feet between the
                            the Structure 50 percent or more.                Where      identified habitat and any development area. The
                            alterations to an existing residential structure result     Executive Director shall have the authority to grant
                            in the expansion of the structure's footprint (square       a variance to these requirements in accordance
                            footage of the ground floor area encompassed by             with the burdens of proof contained in Section 120.
                            the structural foundation of an existing building) 50
                            percent or more, the Coastal Buffer Zone                    7. All property abutting Coastal Natural Areas
                            requirement shall be established with a width equal         (Section 210.4) shall have a minimum vegetated
                            to the percentage increase in a structure's footprint       Coastal Buffer Zone of 25 feet from the inland
                            as of August 8, 1995, multiplied by the value               edge of the coastal feature. The Executive Director
                            contained in Table 2a ([square foot increase of             shall have the authority to grant a variance to these
                            footprint/square footage as of August 8, 1995] X            requirements in accordance with the burdens of
                            value contained in Table 2a =Coastal Zone Buffer            proof contained in Section 120.
                            Requirement).
                                                                                        8. All property located within the boundaries of a
                            This requirement only applies to category "A" and           Special Area Management (SAM) Plan approved
                            "B" assents. In addition, the Executive Director            by the Council shall meet additional buffer zone
                            shall have the authority to grant a variance to this        requirements contained within these SAM plans.
                            requirement for category "A" assents in                     When a SAM plan's buffer zone requirements
                            accordance with the burdens of proof contained in           apply, the buffer width values contained in this
                            Section 120.                                                section will be compared to those required by the
                                                                                        SAM plan, and the larger of the buffer widths
                            4. Coastal Buffer Zone Requirementsfor Structures           applied.
                            Required by the RIDEM to Modify or Expand an
                            Existing Septic System: Where alterations to a              9. The setback (Section 140) for all new
                            residential structure result in an increase in flow to      residential, commercial, and industrial structures
                            the Individual Sewage Disposal System (ISDS) and            shall exceed the Coastal Buffer Zone requirement
                            the RIDEM has required the modification or                  by a minimum of 25 feet for fire, safety, and
                            expansion of the existing ISDS, the Coastal Buffer          maintenance purposes. Where the 25 foot
                            Zone requirement shall be established with a width          separation distance between the inland edge of the


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                                                                       Rhode Island Coastal Resources Management Program

                            buffer and construction setback cannot be obtained,           obtain a view shall be acceptable to the Council.
                            the applicant may request a variance in accordance            Shoreline access paths shall be located within
                            with Section 120. The Executive Director shall                view corridors to the maximum extent
                            have the authority to grant variances to this                 practicable in order to minimize disturbance of
                            requirement. However, a vegetated Coastal Buffer              Coastal Buffer Zones. View corridors shall be
                            Zone shall not directly contact any dwelling's                prohibited in sensitive or critical habitat areas.
                            footprint.
                                                                                          (c) Habitat Management: Management of
                                                                                          natural vegetation within a buffer zone to
                            E. Buffer Management and Maintenance                          enhance wildlife habitat and control nuisance and
                            Requirements                                                  non-native species of vegetation may be allowed.
                                                                                          Homeowner control of pest species of vegetation
                            1. All alterations within established Coastal Buffer          such as     European bittersweet and nuisance
                            Zones or alterations to natural vegetation (i.e.,             species such as poison ivy is normally considered
                            areas not presently maintained in a landscaped                acceptable. However, the indiscriminate use of
                            condition) within the Council's jurisdiction may be           herbicides or the clear-cutting of vegetation shall
                            required to submit a Buffer Zone Management                   be prohibited. The use of fertilizers is generally
                            Plan for the Council's approval that is consistent            prohibited within the Coastal Buffer Zone except
                            with the requirements of this section and the                 when used to enhance the replanting of native
                            Council's most recent edition of Buffer Zone                  vegetation (e.g., hydro-seeding) approved by the
                            Management Guidance. Buffer Zone Management                   Council. However, the clearing or outright
                            Plans shall include a description of all proposed             elimination of natural vegetation for such
                            alterations and methods of avoiding problem areas             purposes as controlling ticks or pollen shall not
                            such as the proper placement and maintenance of               be permitted.
                            pathways. Applicants should consult the CounciF s
                            most recent edition of Buffer Zone Management                 (d) Safety and Wetfare: Selective tree removal,
                            Guidance when preparing a buffer management                   pruning and thinning of natural vegetation within
                            plan.                                                         a Coastal Buffer Zone may be allowed by the
                                                                                          Council on a case-by-case basis for proven
                            2. In order to promote the Council's goal to                  safety and welfare concerns (e.g., removal of a
                            preserve, protect and, where possible, restore                damaged tree in close proximity to a dwelling).
                            ecological systems, Coastal Buffer Zones shall be             In order to promote child safety and manage pets
                            vegetated with native flora and retained in a                 in areas harboring ticks, fences along the inland
                            natural, undisturbed condition, or shall be properly          edge of a Coastal Buffer Zone and along
                            managed in accordance with Council's most recent              shoreline access pathways may be permitted.
                            edition of Buffer Zone Management Guidance.
                            Such management activities compatible with this               (e)     Shoreline Recreation:         The CRMC
                            goal include, but are not limited to:                         recognizes that shoreline recreation is one of the
                                                                                          predominant attractions for living on, or visiting
                              (a) Shoreline Access Paths: Pathways which                  the Rhode Island Coast. In order to allow for
                              provide access to the shoreline are normally                such uses, minor alterations of buffer zones may
                              considered permissible provided they are less               be permitted along the shoreline if they are
                              than or equal to 6 feet wide and follow a path              determined to be consistent with Council's
                              that minimizes erosion and gullying within the              requirements. These alterations may include
                              buffer zone (e.g., a winding, but direct path).             maintaining a small clearing along the shore for
                              Pathways should avoid, or may be prohibited in,             picnic tables, benches, and recreational craft
                              sensitive habitat areas, including, but not limited         (dinghies,    canoes,     day    sailboats,    etc.).
                              to, coastal wetlands. Pathways may be vegetated             Additionally, the CRMC may allow small, non-
                              with grasses and mowed or may be surfaced with              habitable structures including storage sheds, boat
                              crushed stone or mulch.                                     houses and gazebos within Coastal Buffer Zones,
                                                                                          where appropriate. However, these structures
                              (b) Werw Corridors: Selective tree removal and              may be prohibited in sensitive or critical habitat
                              pruning and thinning of natural vegetation may              areas. Due to the potential for these structures
                              be allowed within a defined corridor in order to            to impact values provided by Coastal Buffer
                              promote a view of the shoreline. Only the                   Zones, the Council shall exercise significant
                              minimal alteration of vegetation necessary to               discretion in this area.


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                                                                        Rhode Island Coastal Resources Management Program

                            Section 160.                                                  square footage of the cages, as follows: seventy-
                            Fees                                                          five dollars ($75 - 00) for 600 square feet or less,
                                                                                          one hundred dollars ($100.00) for 601 to 1,200
                               A. The General Laws of the State of Rhode                  square feet, one hundred and fifty dollars
                            Island. Title 46, Chapter 23, Section 2, Subsection           ($150.00) for 1,201-2,400 square feet, and
                            46-23-6D.C, authorize the Council to "grant                   seventy-five ($75.00) for each additional 1,200
                            licenses, permits, and easements for the use of               square feet. Annual lease fees are payable in
                            Coastal Resources, which are held in trust by the             full, in advance, on the first business day in the
                            state for all its citizens, and impose fees for private       month of January of each year during the Assent
                            use of such resources.                                        period.    Any assignment or sublease of the
                                                                                          whole or any portion of a leased area shall
                               B. The Council requires fees for land created              contstitute a breach of the lease and be cause for
                            by the filling of tidal waters and the long-term              termination of the lease, unless such assignment
                            (dead) storage of vessels. Factors to be considered           or subletting has received the prior approval of
                            in establishing the fee include:                              the Council.
                               1) The degree of preemption associated with                2) In the event a lease holder fails to make full
                               the activity or alteration involved;                       payment of the annual lease fee within the time
                                                                                          period establised within the lease, for each rental
                               2) The degree of irreversibility associated with           year, the lease agreement shall be terminated,
                               the activity or alteration;                                and all Assents and authorities granted shall be
                                                                                          revoked. In the event the leased area is not
                               3) 'Me value of opportunities for other activities         actively used for a period of one year, the lease
                               lost to the public as the result of the activity; and      shall be terminated and the Assent shall be
                                                                                          revoked. Lease holders shall be notified 60 days
                               4) The economic return to the applicant                    "prior to such revocation and may appeal the
                               resulting from pursuing the activity of making             recovation to the full Council.
                               the permitted alterations.                                 3) Persons wishing to deploy small-scale
                               Payments required by the fee shall be determined           seasonal apparatus such as spat collectors or
                            by the Council upon the completion of a                       experimental aquaculture gear, shall apply for a
                            professional appraisal based on the criteria listed           Council Assent and may, at the discretion of the
                            above. The Assent recipient shall bear the cost of            full Council be charged a lease fee.
                            the appraisal.                                                D. Whenever         the Council receives an
                               Where public access is provided, the fee may be          application for assent or modification of an assent
                            reduced by Council. In considering the reduction            for an activity or alteration which has already
                            of fees, the Council shall determine the amount of          occurred, or has been constructed or partially
                            public access, the potential use by the public of this      constructed,     the Council may charge an
                            public    access,     and     any    other      relevant    administrative fee, in addition to any other fees
                            considerations.                                             required by the Council which shall be assessed at
                                                                                        the time the Council grants an assent. The Council
                               C. A Council Assent for aquaculture activities           shall assess the administrative fee taking into
                            within tidal waters and coastal ponds excluding             account the additional demand on Council
                            seasonally deployed aquaculture apparatus such as           resources, and/or any adverse impacts to the
                            spat collectors and experimental gear sites, as             coastal environment and/or the adjacent waterway.
                            approved by the council, may include a lease for            This shall not be construed to, and in no way shall,
                            the approved site.                                          prohibit the Council from seeking any other
                                                                                        remedies it deems appropriate.
                               1) The annual fee is seventy-five ($75.00) for
                               half an acre or less, one hundred and fifty
                               dollars ($150.00) for a half to one acre, and one
                               hundred dollars ($100.00) for each additional
                               acre. Transient gear lease fees are based on the


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                                                                       Rhode Island Coastal Resources Management Program

                           Section 170.                                                  (8)    Whether the failure to comply was
                           Violations and Enforcement Actions                            intentional, willful or knowing and not the result
                                                                                         of error;
                              A. Chapter 23, Section 3, Subsections 46-23                (9) Any amount specified by state and/or federal
                           GLRI sets out the Council's authorities for                   statute for a similar violation or failure to
                           enforcement.                                                  comply;
                              B. Whenever a member of the staff or a Coastal             (10) Any other factor(s) that may be relevant in
                           Resources Management Council Member witnesses                 determining the amount of a penalty, provided
                           a violation of the CRMC Plan or Assent, that                  that the other factors shall be set forth in the
                           individual is hereby authorized to issue a warning            written notice of assessment of the penalty; and
                           to the person violating the Plan on a form approved
                           by the CRMC and a report of that warning shall be             (11) The public interest.
                           delivered by the staff or Council member to the
                           Executive Director upon issuance.

                              C. In determining the amount of each
                           administrative penalty, assessed in accordance with
                           authorities established in Paragraph A, the Hearing
                           Officer or his designee shall consider any
                           scheduled amounts adopted by the Council and all
                           other factors, which he deems relevant, including
                           but not limited to:

                              (1) The actual and potential impact on public
                              health, safety and welfare and the environment
                              of the failure to comply;

                              (2) The actual potential damages suffered, and
                              actual or potential costs incurred, by the
                              Council, or by any other person;

                              (3)   Whether the person being assessed the
                              administrative penalty took steps to prevent
                              noncompliance,      to promptly come into
                              compliance and to remedy and mitigate whatever
                              harm might have been done as a result of such
                              noncompliance;

                              (4) Whether the person being assessed the
                              administrative penalty has previously failed to
                              comply with any rule, regulation, order, permit,
                              license or approval issued or adopted by the
                              commission, or any law which the commission
                              has the authority or the responsibility to enforce;

                              (5)    Making compliance less costly than
                              noncompliance;

                              (6) Deterring future noncompliance;

                              (7) The amount necessary to eliminate the
                              economic advantage of noncompliance including
                              but not limited to the financial advantage
                              acquired     over     competitors      from      the
                              noncompliance;


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                                                                         Rhode Island Coastal Resources Management Council

                            Section 180.                                                  request to the President to declare areas within
                            Emergency Assents                                             CRMC jurisdiction a major disaster area; and
                                                                                          (3) The Executive Director of the CRMC
                            1. Catastrophic Storms Assent                                 determines the probable number of applications
                                                                                          for CRMC assents resulting directly from the
                              A. The Executive Director may grant an                      disaster will cause significant delays in the
                            Emergency Assent when catastrophic storms,                    orderly processing of assents and, thereby
                            flooding, and/or erosion has occurred at a site               impose an undue hardship on disaster victims
                            under Council jurisdiction, and where, if im-                 and other applicants; and
                            mediate action is not taken, the existing conditions
                            may cause one or more of the following:                       (4) The CRMC shall provide adequate public
                                                                                          notice of its decisions to impose emergency
                              1) Immediate threat to public health and safety;            procedures.
                              2) Immediate         and     significant     adverse        B. The Council encourages other state agencies
                              environmental impacts;                                    and each coastal community to adopt emergency
                                                                                        permitting procedures equivalent to those of the
                              These Emergency Assents may permit only such              CRMC       in order       to    speed appropriate
                            action at the site that will correct conditions (1) and     reconstruction and minimize adverse economic and
                            (2) above in a manner consistent with the policies          environmental impacts.
                            of the Program.
                                                                                          C. The Council shall impose a temporary
                                                                                        moratorium to remain in effect for a maximum of
                            2. Imminent Peril Assent                                    30 days from the disaster declaration. The purpose
                                                                                        of the moratorium shall be to provide the Council
                              A. The Chairman, Vice Chairman, or in their               and affected coastal communities with adequate
                            absence the Executive Director, may grant an                time to assess damages, determine changes in
                            Emergency Assent in circumstances where they                natural features that may change vulnerability to
                            determine that there is imminent peril and where,           damage, and identify mitigation opportunities. The
                            if immediate action is not taken, the existing              temporary moratorium shall apply to the following:
                            conditions may cause one or more of the
                            following:                                                    (1) Applications for new alterations and
                                                                                          activities requiring Council Assent, which do not
                              (1) Bodily harm or a threat to public health;               result from the disaster.

                              (2) Significant adverse environmental impacts;              (2) Reconstruction of all residential and
                              or                                                          associated residential structures, commercial and
                                                                                          recreational structures in both A-zone and
                              (3) Significant economic loss to the State.                 V-zone that were destroyed by 50% or more by
                              B. The reasons for these findings shall be stated           storm induced flood, wave and wind damage.
                            on the record.                                                D. During        the     moratorium,         priority
                                                                                        consideration will be given to necessary and/or
                            3. Post Hurricane and Storm Permitting                      emergency       alterations,    reconstruction,      or
                            Procedures                                                  replacement of essential public facilities, such as
                                                                                        roads, bridges, and public utilities. The Council
                              A. It shall be the policy of the Council to               recognizes that a major hurricane or other storm
                              establish emergency procedures for the issuance           events    may severely damage or destroy
                              of assents in the event of the following:                 infrastructure and utilities such as roads, bridges,
                                                                                        water and sewer lines located in high hazard areas.
                              (1) A hurricane, severe storm or other disaster           When such damage occurs, it shall be the policy of
                              has caused severe and widespread damage in                the Council to require the review of alteration
                              portions of CRMC jurisdiction; and                        reconstruction options which may lessen or
                                                                                        mitigate the probability of future recurrent
                              (2) The Governor has submitted a formal                   damage.



                            Original Edition                                       Page 1                                          Section 180






                                                                        Rhode Island Coastal Resources Management Council

                              E. During the moratorium the              Executive
                            Director of the Council shall solicit the
                            recommendations of the Rhode Island Department
                            of Environmental Management and the local
                            municipalities for the purchase of open space or
                            other mitigative responses in high damage areas
                            and make a policy decision about repermitting
                            according to best available options for hurricane
                            mitigation.

                              F. Procedures and priorities for addressing post
                            storm reconstruction applications after the
                            moratorium are as follows:

                              1) Priority will be given to consideration of
                              applications for reconstruction of structures
                              which were physically damaged or destroyed 50
                              percent or more by storm-induced flooding,
                              wave or wind damage.

                              2) Applicants for repair or reconstruction in A,
                              B, or C flood zones, as delineated in the FEMA
                              maps, may follow the procedures in Section
                              300.14 Maintenance.

                              3) Final priority will be given to any application
                              for new alterations and activities unrelated to the
                              disaster.

                              4) If the Executive Director determines that a
                              large number of post-storm applications will be
                              received, and that the normal processing will
                              result in an undue burden or hardship to storm
                              victims, and the Executive Director determines
                              there is no over-riding programmatic policy of
                              goal to be served by holding a group of
                              applications, then the Executive Director may, in
                              specific instances, waive the requirements of a
                              new Assent for structures physically destroyed
                              50 percent or more by storm-induced flood,
                              wave and wind damage, and allow for
                              Emergency Permits to be issued.
















                            Original Edition                                      Page 2                                         Section 180






 0






                               Part Two.

                                   Areas
                          Under Council
                             Jurisdiction
 0










 0






                                                                          Rhode Island Coastal Resources Management Council

                             Section 200.                                                   intense forms of development, including more
                                                                                            marinas and new dredging projects (but not
                             Tidal and Coastal Pond                                         maintenance dredging), would change the area's
                             Waters                                                         character and alter the established balance among
                                                                                            uses. Alterations such as these would bring more
                             A. Introductory Findings                                       intensive uses and are therefore prohibited in Type
                                                                                            2 waters. The waters along some 70 percent of the
                               1. Rhode Islanders have a deep commitment to                 state's 420 miles of shoreline have been assigned to
                             their coastal environment.        Their concern for            Type I and Type 2, and should be expected to
                             Narragansett Bay and the South Shore coastal                   retain their high scenic values and established
                             ponds has been voiced in numerous ways,                        patterns of low-intensity use. Type 3 waters are
                             including support of landmark legislation in 1971              dominated by commercial facilities that support
                             that created the Coastal Resources Management                  recreational boating. Here, marinas, boatyards,
                             Council, endorsement of many of the efforts of                 and associated businesses take priority over other
                             environmental organizations such as Save the Bay               uses, and dredging and shoreline alterations are to
                             and the Audubon Society of Rhode Island, and                   be expected. Type 4 areas include the open waters
                             passage of the largest bond issue in the state's               of the Bay and the Sounds, where a balance must
                             history in order to relieve chronic pollution in               be maintained among fishing, recreational boating,
                             upper Narragansett Bay caused by the antiquated                and commercial traffic. Here high water quality
                             Providence municipal sewage treatment plant. The               and a healthy ecosystem are primary concerns.
                             concerns of the public have in large measure been              The last two water use categories are assigned to
                             responsible for decisions not to build oil refineries          areas adjacent to. ports and industrial waterfronts.
                             in Jamestown and Tiverton, and to halt the                     In these waters, maintenance of adequate water
                             indiscriminate destruction of salt marshes and the             depths is essential, high water quality is seldom
                             improper disposal of dredged spoils. Narragansett              achievable, and some filling may be desirable.
                             Bay is widely accepted as the state's greatest                 Within Type 5 ports, a mix of commercial and
                             resource, and our coastal waters and shoreline are             recreational activities must co-exist, while in Type
                             the focus not only of tourism but of efforts to                6 waters,     water-dependent       industrial    and
                             attract new businesses into the state. Rhode Island            commercial activities take precedence over all
                             strives to maintain the image of a desirable place to          other activities. The water categories described in
                             work and raise a family, and these attributes are              this section are complemented by policies for
                             inextricably bound to a varied and beautiful                   shoreline types (Section 2 10), and the two must be
                             shoreline, where water quality and, no less                    combined to identify the Program's policies for a
                             important, visual quality are excellent and well               specific coastal site.
                             protected. The qualities that make Rhode Island's              3. More than 90 percent of Rhode Island's tidal
                             coast beautiful and an unparalleled recreational               waters are classified by the R.I. Department of
                                              y                                -adily
                             resource are full as important as the more re                  Environmental Management as SA, the highest
                             quantifiable      commercial        and       industrial       ater quality rating. Water pollution, however, is
                             water-dependent activities. The designation of                 w  .
                             large stretches of waters or coastline for                     a major concern, with eutrophication and bacterial
                             conservation and low-intensity use by this Program             contamination a growing concern in the salt ponds
                             recognizes these facts and will help maintain a high           and with all major indicators of pollution showing
                             quality of coastal environment for future                      strong gradients down the Bay from the Providence
                             generations of Rhode Islanders.                                metropolitan area.    Despite the pollutants and
                                                                                            intense fishing pressure, Rhode Island's tidal
                               2. The six categories of waters defined in this              waters support large seasonal populations of a
                             Program are directly linked to the characteristics             variety of finfish. In the Bay, the quahog supports
                             of the shoreline, since the activities on the adjacent         n large and important commercial fishery.
                             mainland are the primary determinant of the uses               Recreational fishing for flounder, bluefish, and
                             and qualities of any specific water site. Thus,                striped bass is important nearshore.
                             Type I waters abut shorelines in a natural                     4. Rhode Island has a rich history of maritime
                             undisturbed condition, where alterations, including            commerce and industry. In this century, however,
                             the construction of docks and any dredging, are                the once-booming urban waterfronts of the upper
                             considered by the Council as unsuitable. Type 2                Bay have stagnated and declined despite major
                             waters are adjacent to predominantly residential               infusions. of public funds to deepen the. access
                             areas, where docks are acceptable, but more


                             Original Edition                                      Page I                                            Section 200






                                                                        Rhode Island Coastal Resources Mangement Coucil

                            channel to, Providence to 40 feet, and build new
                            terminal facilities. During the postwar decades, oil
                            imports have dominated waterborne, commerce,
                            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 part
                            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 few areas could only be accomplished if
                            remaining salt marshes and other important natural
                            features 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.

                              5. Activities that are dependent on Rhode
                            Island's tidal waters generate substantial economic
                            benefits to the state. Nearly one billion dollars are
                            generated each year by such water-related
                            activities as marine industry, transportation and
                            education, commercial fishing and marine
                            recreation (Farrell and Rorholm, 1981).
                            Substantial additional economic benefit are
                            generated by water-enhanced residential
                            development, tourism, and the importance of an
                            attractive marine environment in drawing
                            high-quality businesses to Rhode Island.



















                          Original Edition                                      Page 2                                          Section 200
 





                                                                       Rhode Island Coastal Resources Management Program

                            Section 200.1                                              waterfowl resting area, particularly during the
                            Type I Conservation Areas                                  winter months when large numbers of
                                                                                       canvasbacks, scaup, widgeon, and black ducks are
                                                                                       present.
                            A. Definition                                                5. Several stretches of shoreline within
                                                                                       Narragansett Bay have survived the rapid
                              Included in this category are one or more of the         proliferation of residential development during
                            following: (1) water areas that are within or              recent decades in pristine condition. Examples
                            adjacent to the boundaries of designated wildlife          include the Potowomut River, the Palmer River in
                            refuges and conservation areas, (2) water areas            Barrington and Warren, and the Mt. Hope Cliffs in
                            that have retained natural habitat or maintain             Bristol. It is important that as much of this land as
                            scenic values of unique or unusual significance,           practicable be preserved from alteration to' assure
                            and (3) water areas that are particularly unsuitable       that Rhode Island's rich diversity of shoreline types
                            for structures due to their exposure to severe wave        and high scenic value are preserved.
                            action, flooding, and erosion.
                            B. Findings                                                C. Policies
                                                                                         1. The Council'. s goal is to preserve and protect
                              1. The coastline that fronts directly on Long            Tvt)e I waters from activities and uses that have
                            Island and Block Island Sounds includes some of            the'potential to degrade scenic, wildlife, and plant
                            the most dynamic and naturally scenic features in          habitat values, or which may adversely impact
                            Rhode Island. These include but are not limited to         water quality or natural shoreline types.
                            the South Shore barriers and headlands, the
                            erosion-prone bluffs of Block Island, and                    2. The mooring of houseboats and floating
                            Newport's rocky promontories.           In order to        businesses, the construction of recreational boating
                            adequately preserve these shorelines in these              facilities, filling below mean high water, point
                            conservation areas, many activities proposed on            discharge of substances other than properly treated
                            shoreline features or in the tidal waters directly         runoff water (see Section 300.6), and the
                            adjacent to these features must be severely                placement of industrial or commercial structures or
                            restricted or prohibited.                                  operations (excluding fishing and aquaculture) are
                              2. Brigg's Marsh in Little Compton, Sachem               all prohibited in Type I waters. '
                            Pond on Block Island, and Hundred Acre Cove in               3. In Type 1 waters, activities and alterations
                            Barrington are examples of water areas which have          including dredging, dredged materials disposal,
                            exceptional value as waterfowl nesting and feeding         and grading and excavation on abutting shoreline
                            habitat. Rare and unique assemblages of plants             features are all prohibited unless the primary
                            and animals and rich shellfish beds are found in           purpose of the alteration or activity is to preserve
                            these undisturbed waters. Many, but not all, water         or enhance the area as a naturafhabitat for native
                            areas of well-recognized significance to wildlife          plants and wildlife or a beach renourishment/
                            are within established sanctuaries or management           replenishment project.         Structural shoreline
                            areas.                                                     protection facilities shall not be permitted to
                                                                                       preserve or enhance these areas as a natural habitat
                              3. Opportunities for scientific research and             or     to    protect     the    shoreline      feature.
                            education have been enhanced by the designation            Notwithstanding the Council's prohibition against
                            of a National Estuarine Sanctuary in the upper             construction of recreational boating facilities in
                            Bay, one of some 15 similar designations                   Type I Waters, the Council recognizes that some
                            nationwide. The sanctuary includes Bay waters              residential boating facilities 'may have pre-existed
                            extending to the 18-foot depth contour around              in Type I Waters prior to the formation of the
                            Patience Island, the northern half of Prudence             Council. The Council's ultimate goal is to remove
                            Island, and Hope Island.                                   said structures and restore the areas involved to be
                                                                                       free of all recreational boating facilities. Although
                              4. Valuable conservation areas are not all in            recreational boating facilities are inconsistent with
                            clean,    rural environments.        For example,          the Council's goals for Type I Waters, in order to
                            Watchemoket Cove in the heart of the East                  provide for the equitable transition and compliance
                            Providence industrial waterfront is an important


                            Original Edition                                      Page 1                                        Section 200.1






                                                                       Rhode Island Coastal Resources Management Program

                            with the Council', goals pre-existing residential
                            boating facilities may be permitted under the
                            limited terms and conditions set forth in Section
                            300.4 of the RICRMP and the Council's Dock
                            Registration Program.

                              4. Since runoff can be a major source of
                            pollutants from developed areas, new or enlarged
                            point discharges of untreated runoff shall be
                            permitted in Type I waters only when it is
                            demonstrated that no reasonable alternative exists
                            and that no significant adverse impact to the
                            receiving waters will result.        The cumulative
                            impacts of runoff are of particular concern in Type
                            1 waters.


                              5. Applicants for Council Assents for alterations
                            or activities in or contiguous to Type I waters shall
                            describe the measures taken to mitigate impacts on
                            the scenic quality of the area (see Section 330).

                              6. Activities and alterations subject to Council
                            jurisdiction contiguous to public parks, public
                            beaches, public rights-of-way to the shore, and
                            conservation areas abutting Type I waters shall not
                            significantly interfere with public use and
                            enjoyment of such facilities. Where significant
                            interference is found, the Council shall suitably
                            modify or prohibit that alteration or activity.































                            Original Edition                                       Page 2                                       Section 200.1






                                                                        Rhode Island Coastal Resources Management Program

                            Section 200.2                                                  4. Several small riverine estuaries such as the
                            Type 2 Low-Intensity Use                                     Kickemuit River in Warren and the Pettaquamscutt
      10                                                                                 (Narrow) River in Narragansett, South Kingstown,
                            A. Definition                                                and North Kingstown are also assigned to Type 2
                                                                                         waters. These rivers contain extensive salt marshes
                                                                                         and rich diversity of fish, shellfish, and waterfowl.
                               This category includes waters in areas with high          Extensive residential development and restricted
                            scenic value that support low-intensity recreational         flushing combine to pose severe water quality
                            and residential uses.        These waters include            concerns similar to those in the more developed
                            seasonal mooring areas where good water quality              salt ponds. Scenic values, however, remain high,
                            and fish and wildlife habitat are maintained.                and local residents are highly concerned that
                                                                                         activities such as shellfishing and swimming are
                            B. Findings                                                  maintained and not preempted by poor water
                               1. Type 2 waters are similar to Type I waters in          quality.
                            their high scenic qualities, high value for fish and         C. policies
                            wildlife habitat, and, with some exceptions, good
                            water quality. Densely developed residential areas             1. The Council's goal is to maintain and, where
                            abut much of the waters in this category, and here           possible, restore the high scenic value, water
                            docks and the activities and small-scale alterations         quality, and natural habitat values of these areas,
                            associated with residential waterfronts may be               while providing for low-intensity uses that will not
                            suitable.                                                    detract from these values.
                               2. Major portions of the salt ponds along the               2. New or deepened dredged channels and
                            South Shore between Watch Hill and Point Judith              basins (termed "improvement dredging" by the
                            are assigned to Type 2 waters. Nearly all have               Army Corps of Engineers); new marinas and
                            retained their scenic and natural characteristics            expansion of pre-existing marinas in excess of 25
                            while accommodating residential docks, minor                 percent of their capacity; the mooring of
                            dredged channels, and small-scale shoreline                  houseboats and floating businesses; industrial and
                            protection structures. Each coastal pond is an               commercial structures and operations (excluding
                            individually distinct ecosystem and a unique feature         fishing and aquaculture); and filling are all
                            of great scenic value.        Continuing residential         prohibited in Type 2 waters. The Council's intent
                            development within the watersheds of the salt                for pre-existing marina operations located in Type
                            ponds poses severe threats to future water quality           2 Waters is to allow for their continued
                            in the form of both bacterial contamination and              maintenance and viability as such operations.
                            eutrophication. Permanent breachways built in the            Maintenance dredging, dock reconfigurations,
                            1950s to provide easy access for boats to the ocean          activities such as travellift operations and other
                            have radically altered the ecology of many of the            best available technologies, and other ancillary
                            larger ponds and are causing rapid siltation within          activities necessary to maintain the operational
                            the ponds.                                                   viability of the facility, should be expected to occur
                                                                                         at pre-existin                ations in these waters.
                                                                                                      .g marina oper
                               3. Waters along open coasts which support                 Structural shoreline protection facilities should not
                            low-intensity uses associated with residential areas         be prohibited.     Such allowances will only be
                            are found along stretches of the lower Bay. An               instituted at marina facilities with approved marina
                            example is the Sakonnet River, which separates               perimeters (see Section 300.4.E) and will be
                            Aquidneck Island from Tiverton and Little                    reviewed in accordance with applicable standards
                            Compton. The Sakonnet's waters are of high                   of Section 300A.E. In order to be eligible for this
                            quality except for small areas adjacent to the few           policy, applications for marina perimeters must be
                            densely developed areas, and its shorelands are              submitted to the CRMC by April 1, 1994.
                            varied and picturesque, displaying large salt
                            marshes, rocky cliffs, open agricultural fields, and           Current capacities of pre-existing marinas,        as
                            wooded shoreline. The upper half of the Sakonnet             found     in   CRMC-approved           special     area
                            River is a productive quahog ground and is fished            management plans, and similar management plans,
                            commercially. Conchs are fished commercially                 should be recognized and no attempt should be
                            throughout the river, and Almy Brook, which                  made to require these pre-existing marinas to meet
                            drains into the Sakonnet from Nonquit Pond,                  their capacities as of January 1981.
                            contains a sizable alewife run.


                            Original Edition                                      Page I                                          Section 200.2






                                                                         Rhode Island Coastal Resources Management Program

                               3. Residential boating facilities, public launching          (i)   Kickernuit River
                             ramps, and structural shoreline protection facilities          0)    Fishing Cove (Wickford)
                             may be permitted in Type 2 waters, provided it can             (k)   Pettaquarnscutt River
                             be demonstrated that there will be no significant
                             adverse impact to coastal resources, water                     6. Activities and alterations subject to Council
                             dependent uses or public's use and enjoyment of             jurisdiction contiguous to public parks, public
                             the shoreline and tidal waters of the State. It is the      beaches, public rights-of-way to the shore and
                             Council's policy that one or more of the following          conservation areas abutting Type 2 waters shall not
                             conditions describe a situation, condition, or              significantly interfere with public use and
                             proposal that is deemed to have a significant               enjoyment of such facilities. Where significant
                             adverse affect on Rhode Island's coastal resources          interference is found, the Council shall suitably
                             and therefore is grounds for denial or modification         modify or deny that alteration or activity.
                             of an application for an Assent:

                               (a) The construction of the proposed facility may
                               cause significant impacts on coastal wetlands and
                               other public trust resources (e.g. shellfish,
                               finfish, submerged aquatic vegetation, etc.);

                               (b) Access to the construction site is not available
                               without causing significant impacts to Rhode
                               Island's    coastal    resources     (e.g.     coastal
                               wetlands);

                               (c) The proposed facility would significantly
                               interfere with and/or impact other public trust
                               uses of the tidal or inter-tidal areas of the
                               shoreline (e.g. interfere with navigation);

                               (d) Water depths adjacent to the site would
                               require dock span lengths in excess of the
                               standards contained in Section 300.4.E in order
                               to allow normal and appropriate use of the dock
                               by a vessel.

                               4. Applicants for Council Assents for alterations
                             or activities in Type 2 waters shall describe the
                             measures taken to mitigate impacts on the scenic
                             quality of the area ( see Section 330).

                               5. Since runoff can be a major source of
                             pollutants from developed areas to poorly flushed
                             estuaries, new or enlarged discharges shall be
                             permitted into the following Type 2 waters only
                             when it is demonstrated that no reasonable
                             alternative exists and that no significant adverse
                             impact to the receiving waters will result:

                               (a)    Winnapaug Pond
                               (b)    Quonochontaug Pond
                               (c)    Ninigret Pond (Charlestown Pond)
                               (d)    Green Hill Pond
                               (e)    Potters Pond
                               (0     Point Judith Pond
                               (g)    Nannaquaket Pond
                               (h)    Palmer River



                             Original Edition                                      Page 2                                          Section 200.2






                                                                       Rhode Island Coastal Resources Management Program

                            Section 200.3                                              to find acceptable sites for their dredged materials.
                            Type 3 High-Intensity Boating                              Dredging problems can be best solved if the
                                                                                       marina operators within a cove or harbor join
                                                                                       together to finance the dredging and find a
                            A. Definition                                              common local solution to the disposal problem.
                                                                                       Options such as marsh building, beach
                                                                                       nourishment, or-the transport of materials to a
                              This category   includes intensely utilized water        more distant location become technically and
                            areas where       recreational boating activities          economically feasible when a sufficiently large
                            dominate and where the adjacent shorelines are             volume of material is to be moved and a united
                            developed as marinas, boatyards, and associated            effort to solve the problem is organized.
                            water-enhanced and water-dependent businesses.
                                                                                         5. The growth in the size of the recreation fleet,
                                                                                       limited berthing opportunities, and the increasing
                            B. Findings                                                expense of in-water storage have contributed to
                                                                                       rapid growth in the number of trailered boats.
                              1. Marinas are the principal means by which the          This has placed a heavy demand on public
                            boating public gains access to tidal waters, and           launching ramps, which are in short supply and
                            therefore provide an important public service.             many of which are in deteriorating condition or
                            Only beachgoing involves more Rhode Islanders in           have limited parking capacity.
                            a recreation activity that makes direct use of tidal
                            waters. In 1978, some 65 percent of all slips and            6. Type 3 waters and the adjacent shoreline,
                            moorings were within marinas and yacht clubs,              while utilized intensely for the needs of the
                            and nearly all of these are within Type 3 waters.          recreational boating public, nevertheless retain
                                                                                       numerous natural assets of special concern to the
                              2. Marinas face a number of difficulties. The            Council. These include coastal wetlands, and the
                            boating season in Rhode Island is confined to six          value these areas provide as fish and shellfish
                            months, with most of the activity concentrated in          spawning and juvenile rearing grounds. These
                            June, July, and August. Many marina operations             factors must be weighed when the Council
                            have difficulty in generating income during the            considers proposals that may impact these assets.
                            remainder of the year and are economically
                            marginal businesses.       Nearly all the existing
                            marinas were built when the value of waterfront            C. Poticies
                            property was far lower than it is today, and the
                            pressure is mounting to convert marginal                     1. The Council's goal is to preserve, protect,
                            operations occupying high-value waterfront land to         and, where possible, enhance Type 3 areas for
                            more profitable uses.                                      high-intensity boating and the services that support
                                                                                       this activity. Other activities and alterations will
                              3. Areas suitable      for marinas are severely          be permitted to the extent that they do not
                            limited, and the steady growth in the number of            significantly interfere with recreational boating
                            recreational boats is increasing the competition for       activities or values.
                            the available facilities. Unfortunately, sheltered
                            waters suitable for marinas are limited, and most            2. The highest priority uses of Type 3 waters
                            of the remaining potential sites contain salt marshes      and adjoining land areas within the Council
                            that could only be developed at great environ-             jurisdiction are (a) marinas, mooring areas, public
                            mental as well as high economic costs. Persons             launching ramps, and other facilities that support
                            proposing new marinas are also hampered by local           recreational boating and enhance public access to
                            zoning and high land costs, and neighborhood               tidal waters; and (b) boatyards and other businesses
                            opposition is frequently vociferous. The solution          that service recreational boaters.
                            to growing demand is therefore to use the available
                            facilities more efficiently and to recycle already           3. The Council encourages marinas to seek
                            altered sites in the upper Bay and on excessed             innovative solutions to increased demands for
                            Navy holdings, such as Allens Harbor in North              moorings, dockage, and storage space, and allows
                            Kingstown and along the Aquidneck west shore.              marina operators to alter the layout of their
                              4. In many locations, marina operators are               facilities (see Section 300.4).
                            plagued with siltation problems and find it difficult


                            Original Edition                                      Page 1                                        Section 200.3






                                                         Rhode Island Coastal Resources Management Program

                        4.   The Council shall encourage more and
                       improved public launching facilities by protecting
                       existing facilities from interference by other uses
                       subject to Council jurisdiction, identifying
                       appropriate sites for new ramps and parking areas,
                       and working with other agencies to build new
                       ramps and maintain existing facilities.






















































                       Original Edition                           Page 2                               Section 200.3






                                                                      Rhode Island Coastal Resources Management Program

                           Section 200.4                                               decline in the 1930s and ended in 1957. In the late
                           Type 4 Multipurpose Waters                                  1970s, a new form of aquaculture using intensive
                                                                                       off-bottom culture methods was proposed for
                                                                                       several locations. By mid-1982 three leases had
                                                                                       been granted by the Council in the Bay and in the
                           A. Definition                                               coastal ponds. Commercial fishermen oppose the
                                                                                       re-establishment of aquaculture in the Bay fearing
                             This category    includes (1) large expanses of           encroachment on their grounds and impacts on
                           open water in Narragansett Bay and the Sounds               shellfish prices. Aquaculturists argue that their
                           which support a variety of commercial and                   intensive methods need not compete with
                           recreational activities while maintaining good value        traditional fisheries for prime grounds and that
                           as a fish and wildlife habitat; and (2) open waters         aquaculture could provide the state with a new
                           adjacent to shorelines that could support                   industry, providing jobs and revenues from a
                           water-dependent commercial, industrial, and/or              renewable native resource. Aquaculturists use
                           high-intensity recreational activities.                     floating structures such as rafts or lines suspended
                                                                                       form buoys or may conduct their activities on the
                                                                                       bottom. Most aquacultural activities involve fixed
                           B. Findings                                                 and relatively permanent structures. While the
                                                                                       species potentially suitable for aquaculture are
                              1. 'Me open waters of Narragansett Bay and the           almost unlin-@ted, the species of current interest for
                           Sounds are used for a number of purposes                    Narragansett Bay are mussels, oysters, and
                           including commercial and sport fishing, boating,            quahogs.
                           commercial shipping, aquaculture, and scientific
                           research. These areas are highly productive of               3. Boaters and sport fishermen are another
                           fish and shellfish, and support substantial                 major user group of Type 4 waters. The majority
                           commercial fisheries including a small dragger              of the state's estimated 33,000 (1979) recreational
                           fishery, seasonal lobstering, and shellfishing. The         boats are used on the Bay. Sport fishermen take
                           overwhelming majority of activity is in                     large numbers of flounder, bluefish, and striped
                           shellfishing, particularly quahogging. The quahog           bass each year. The scenic qualities of the Bay,
                           fishery has grown steadily over the past decade,            good water quality, and control over preemptive
                           and in 1980 the reported landings of quahog meats           uses are essential to all recreational users.
                           peaked at an all-time high of 3.5 million pounds,
                           worth over $11 million. It is generally accepted             4. A major concern to all users of Type 4
                           that the reported catch is substantially less than the      waters is good water quality. The major source of
                           actual. In 1980, Rhode Island supplied more than            all principal pollutants to the Bay, including
                           one-quarter of the nation's total harvest, and the          pathogenic    bacteria,     nutrients,     petroleum
                           fishery provided full-time employment to some               hydrocarbons, metals, and exotic              organic
                           1,300 fishermen and part-time employment to an              chemicals, are the urban and industrial centers that
                           additional 2,300. The boundaries of principal               discharge into the Providence River. Strong down
                           grounds for the quahog trawler and lobster                  Bay gradients are seen in both the sediments and
                           fisheries are shown in a general manner on maps             water column for all these pollutants.            The
                           in "An Aquaculture Management Plan for Rhode                long-term combined impacts of pollutants on the
                           Island Coastal Waters," prepared in 1981 by W.J.            Bay ecosystem are not well understood. There is
                           Lapin of the Department of Environmental                    evidence, however, that pollutants that enter the
                           Management. A significant portion of the Bay's              ProvidenceRiver may be impacting the Bay as far
                           quahog beds is in upper Bay areas permanently               south as Hope Island.       The major sources of
                           closed to shellfishing, and many of the currently           pollutants to the Bay are the rivers that drain some
                           most productive grounds are closed for much Of              2,000 square miles in Rhode Island and
                           the year. Water pollution is thus a major threat to         Massachusetts, the effluents from sewage treatment
                           the Bay's shellfisheries.                                   plants, and urban runoff.

                             2. In the early years of this century, the Bay
                           supported a lucrative oyster culture industry. In           C. Polices
                           1910, some 20,000 acres of Bay bottom were
                           leased to private growers.        Conflicts between          1. The Council's goal is to maintain a balance
                           oyster growers and commercial shellfishermen                among the diverse activities that must coexist in
                           were intense. The oyster industry began a rapid


                           Original Edition                                     Page I                                         Section 200.4






                                                                      Rhode Island Coastal Resources Management Program

                           Type 4 waters. The changing characteristics of
                           traditional activities and the development of new
     01                    water-dependent uses shall, where possible, be
                           accommodated in keeping with the principle that
                           the Council shall work to preserve and restore
                           ecological systems.

                             2. The Council recognizes that large portions of
                           Type 4 waters include important fishing grounds
                           and fishery habitats, and shall protect such areas
                           from alterations and activities that threaten the
                           vitality of Rhode Island fisheries.

                             3. Aquaculture leases shall be considered if the
                           Council is satisfied there will be no significant
                           adverse impacts on the traditional fishery.

                             4. The Council shall work to promote the
                           maintenance of good water quality within the Bay.
                           While recognizing that stresses on water quality
                           will always be present in urban areas such as the
                           Providence River, the Council shall work to
                           promote a diversification of activities within the
                           upper Bay region through the water quality
                           improvement process.



































                           Original Edition                                      Page 2                                        Section 200.4






                                                                       Rhode Island Coastal Resources Management Program

                             Section 200.5                                             including the preservation of historic features. The
                                                                                       Council shall suitably modify or prohibit activities
                             Type 5 Commercial and                                     that significantly detract from or interfere with
                             Recreational Harbors                                      these priority uses.

                                                                                         3. Applicants for Council Assents for
                             A. Definition                                             alterations or activities in Type 5 waters shall
                                                                                       describe measures taken to mitigate impacts on the
                               These waters   are adjacent to waterfront areas         scenic quality of the area (see Section 330).
                             that support a variety of tourist, recreational, and
                             commercial activities. They include all or portions
                             of the following harbor areas:

                               (1) Newport Harbor
                               (2) Bristol Harbor
                               (3) Warren waterfront
                               (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,       commercial 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 important,
                             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 valuable to tourism.

                               2. The highest priority uses of Type 5 waters
                             and adjoining land areas within Council jurisdiction
                             are (a) berthing, mooring, and servicing of
                             recreational craft, commercial fishing vessels, and
                             ferries; (b) water-dependent and water-enhanced
                             commerce, including businesses catering to
                             tourists; (c) maintenance of navigational channels
                             and berths, and removal of obstructions to
                             navigation; and (d) activities that maintain or
                             enhance water quality and scenic qualifies,


                             Original Edition                                      Page 1                                       Section 200.5






                                                                       Rhode Island Coastal Resources Management Brogram

                            Section 200.6                                                2. In the 1970s large-scale port facilities and
                                                                                       waterfront industrial sites at Quonset-Davisville,
                            Type 6 Industrial Waterfronts and                          Coddington Cove, and Melville were declared
                            Commercial Navigation Channels                             surplus by the Navy. These sites are available for
                                                                                       redevelopment principally through the R.I. Port
                                                                                       Authority. Some of the port facilities in these
                            A. Definition                                              areas are in disrepair, and will require major
                                                                                       infusions of capital if they are to be reused, while
                              These water areas are extensively altered in             others are in good condition and are in active use
                            order to accommodate commercial and industrial             for shipbuilding and other water-dependent
                            water-dependent and water-enhanced activities.             purposes. These facilities, when combined with
                            They include all or portions of the following areas:       the derelict waterfront in the Providence River,
                                                                                       give the state a large inventory of unutilized or
                              (1)  Port of Providence                                  underutilized port facilities.
                              (2)  Tiverton shipping area
                              (3)  Quonset Point and Davisville                          3. Rhode Island supports a thriving offshore
                              (4)  Coddington Cove                                     commercial fishing industry based at the ports of
                              (5)  Melville                                            Galilee and Newport. Galilee is home port to
                              (6)  Galilee and Jerusalem                               some 160 vessels, which landed 56 million pounds
                              (7)  Westerly waterfront                                 of fish and shellfish worth $11.7 million in 1982.
                                                                                       The port facilities at Galilee are owned by the state
                                                                                       and managed by the Department of Environmental
                            B. Findings                                                Management. A large portion of the 21 million
                                                                                       pounds of fish and shellfish worth $13 million
                              1. The Port     of Providence extends some ten           (1979) landed at Newport is caught by vessels that
                            miles along the   Providence and East Providence           have home ports out of state. Fishing vessels
                            shores of the Providence River and is the state-s          berthing at Newport utilize facilities managed
                            principal general cargo and petroleum port.                under lease by the Department of Environmental
                            Import and export of products moving through the           Management. Rhode Island's commercial fishing
                            port have a major impact on the state's economy            fleets are growing but are severely hampered by
                            and generate jobs and economic activity in many            limited berthing and unloading facilities.          An
                            other sectors. In fiscal 1981, 5.3 million tons of         expansion and improvement program of the state
                            petroleum, steel, cement, automobiles, lumber,             facilities at Galilee and Newport has been
                            scrap metal, and other non-petroleum commodities           underway for a decade.
                            were received or shipped.           The Providence
                            shipping channel is dredged to an authorized depth           4. Nearly all Rhode Island's boating and
                            of 40 feet. Large segments of shoreline and water          shipping facilities require periodic dredging to
                            in the port area are in derelict condition and             maintain adequate water depths in channels and
                            littered with abandoned piers and sunken barges.           turning basins and at berths. Until the mid-sixties,
                            Efforts to expand and improve the port have been           dredge spoils were disposed with little concern for
                            underway for many years. In East Providence,               environmental impacts. Salt marshes were filled,
                            across the channel from the Providence municipal           new sandbars and spits created, and the largest
                            wharf, the Providence and Worcester Railroad               project in recent history, the deepening of the
                            Company has made large investments in a major              Providence channel from 30 to 40 feet, left a large
                            new landing pier.        On the Providence side,           spoil mound off Brenton Reef in the Sound and a
                            infusions of public funds have brought many                legacy of vehement opposition by fishing interests
                            improvements, but much remains to be done.                 to any offshore disposal.         For the past two
                            Priority problems include the difficulty in finding        decades, finding acceptable solutions to dredged
                            acceptable sites for dredged materials produced by         materials disposal needs has proved difficult. Salt
                            maintaining or improving existing channels and             marsh building, bulkheading,             and beach
                            berths, and the need to remove some 26,000 cubic           nourishment are frequently viable solutions where
                            yards of debris that forestalls the reuse of presently     small volumes are concerned, but offshore
                            derelict areas.        Coordinated planning and            dumping may be the only cost-effective solution
                            development efforts are essential to any initia6ve         for large projects. All solutions raise concerns,
                            to improve the port and make it more competitive.          and energetic opposition is frequently organized.
                                                                                       Finding acceptable,        environmentally sound


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                                                                       Rhode Island Coastal Resources Management Program

                            solutions to dredged materials disposal remains an
                            important challenge for the coastal program.

                            C. Policies

                              1. The Council's goals for Type 6 waters and
                            adjacent lands under Council jurisdiction are to
                            encourage and support modernization and
                            increased commercial activity related to shipping
                            and commercial fisheries.

                              2. Highest priority uses of Type 6 waters and
                            adjacent lands under Council jurisdiction are: (a)
                            berthing, loading and unloading, and servicing of
                            commercial vessels; (b)            construction and
                            maintenance of port facilities, navigation channels,
                            and berths; and (c) construction and maintenance
                            of facilities required for the support of commercial
                            shipping and fishing activities.

                              The Council shall prohibit activities that
                            substantially detract from or interfere with these
                            priority uses.

                              3. The Council will encourage and support port
                            development and modernization and increased
                            economic activity in the marine industries by
                            participating wherever possible in the joint
                            long-range planning and development activities
                            with other state and local agencies, including the
                            R.I.   Port Authority, the Department of
                            Environmental Management, and coastal cities and
                            towns.


                              4. Through its Special Area Management Plan
                            for Providence Harbor, and other planning
                            initiatives, the Council will identify and designate
                            acceptable disposal solutions and sites adequate to
                            meet the need for dredging, and provide the
                            assurances required by industry that channel depths
                            will    be     maintained,      while      minimizing
                            environmental effects. The solutions may be more
                            costly than older disposal practices, and may
                            involve innovative technology. The Council will
                            also work in cooperation with the Cities of
                            Providence and East Providence and the Corps of
                            Engineers toward achieving the removal of
                            dilapidated piers and abandoned barges, which
                            presently preclude economic use of large areas
                            within Providence Harbor.











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                                                                          Rhode Island Coastal Resources Management Program

                              Section 210.                                                 rise is about one foot per century due to subsidence
                              Shoreline Features                                           of the land and thermal expansion of ocean waters.
                                                                                            3. A principal concern of waterfront property
                              A. Introductory Findings                                     owners is frontal erosion and storm-surge flooding.
                                                                                           The susceptibility of any length of shoreline to
                                                                                           erosion is determined by the type of shoreline (see
                               1. A great variety of geologic forms can be                 Table 3) and its exposure to storm surge and waves
                              found where tidal waters meet the land. Where a              during severe storms and hurricanes. Storm surge
                              coast is exposed to the forces of the open ocean, as         occurs when a combination of low atmospheric
                              along the South Shore, sea cliffs and wide sand or           pressure and the force of high winds over a large
                              gravel beaches predominate. In sheltered waters,             expanse of open water causes sea level to rise
                              salt marshes and mud flats are common. The                   dramatically along the coast, particularly at the
                              shoreline of Narragansett Bay is composed                    head    of    funnel-shaped       embayments         like
                              principally of narrow beaches of pebbles and                 Narragansett Bay. During the 1938 hurricane, the
                              cobbles that are backed by an often unvegetated              storm surge forced water levels 12 feet above
                              bluff of unconsolidated glacial sediment. Rhode              mean high water at Point Judith and over 13 feet at
                              Island's diversity of shoreline types provides a             Providence. Waves 10 feet high and more were
                              wealth of visually distinct areas, each of which             measured on top-of the surge level. Such events
                              supports different mixtures and intensifies of use.          are not rare; the state has been struck by 73
                              This diversity must be recognized and maintained.            hurricanes in the past 350 years, 13 of which have
                              The postwar decades have brought an explosion in             caused severe flooding and erosion.             In this
                              the development of formerly rural toastal lands,             century, the 1938 hurricane left 311 dead and
                              and by the early 1980s most of the waterfront                nearly 2,000 houses destroyed, and Hurricane.
                              property that could be readily developed had been            Carol killed 15 people and destroyed 3,800 houses
                              subdivided. Nearly all the remaining available               in 1954.
                              parcels are within existing developments or they
                              present natural constraints to the developer, such             4. In Rhod  e Island, most shoreline erosion takes
                              as poorly draining soils or steep slopes. Despite            place during moderate and severe storms, with
                              the recent surge of building along the lower Bay             recovery of sediment to beaches and foredunes in
                              and South Shore, the coastline has retained much             intervening periods. Many of today's shorefront
                              of its beauty. The appearance of long stretches of           residents acquired property in the middle 1980's
                              the coast from the water and vantage points along            during a period of relatively few storms and are
                              the shore provides a sense of natural beauty and             unfamiliar with sustained periods of storminess or
                              open land; structures are not overly obtrusive.              high category hurricanes. Most private shoreline
                              This quality, however, could be lost over the next           protection structures which predate the RICRMP
                              few decades as the remaining farmland and estates,           are underbuilt or poorly designed with respect to
                              now worth great sums, come on the market and                 major storms.
                              are sold off as house lots. Another major concern
                              for the Council is the cumulative impact of                    5. The federal flood insurance program
                              individually minor alterations, particularly those           guarantees subsidized insurance for buildings that
                              brought about by residential development, on the             meet defined construction standards in flood hazard
                              qualities of the coastal environment.                        areas. This program has encouraged building in
                                                                                           some highly hazardous areas contrary to good
                                2. All shoreline systems are dynamic, and                  coastal management practices.
                              change their shape and character in response to
                              storms, tidal currents, human modifications, and
                              the gradual rise in sea level. Twenty-five thousand
                              years ago, at the time of maximum advance of the
                              last glacial ice sheet, the ocean shoreline of Rhode
                              Island was displaced over 15 miles seaward of
                              Block Island. Sea level was lowered about 300
                              feet because ocean water was locked up in the
                              glacial ice. Sea level began to rise as the ice
                              melted, displacing the shoreline northward as the
                              sea inundated Block Island Sound, and later,
                              Narragansett Bay. The present rate of sea-level


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                                                                        Rhode Island Coastal Resources Management Program



                             Table 3. Shoreline Types and Their Susceptibility to Erosion (Adapted from Boothroyd and
                             Al-Saud, 1978).

                             (A, most susceptible; E, least susceptible)

                                                                                                             Erwnple areas most susceptible
                             7@pe                               Characteristics                              to erosion due to their exposure


                             Beaches (A)                        Unconsolidated sand, gravel                    Oakland Beach (Warwick)
                                                                or cobbles, backed by a                        Matunuck Beach (S. Kingston)
                                                                headland bluff.                                Scarboro Beach
                                                                                                                  (Narragansett)


                             Barrier Spits (A)                  Unconsolidated sediment that                 * All South Shore barriers
                                                                forms a spit parallel to the                 * South side Conimicut Pt.
                                                                mainland and separated from                       (Warwick)
                                                                it by a marsh or pond; Sand                  e Barrington Beach
                                                                dunes are often present.                          (Barrington)
                                                                                                             - Jenny Pond spit
                                                                                                                  (Prudence Island)
                                                                                                             - Briggs Marsh barrier
                                                                                                                  (Little Compton)


                             Headland Bluffs of                 Gravel, sand, silt, and clay                 9 Buttonwoods (Warwick)
                             Glacial Outwash (B)                deposited in glacial rivers and lakes        9 Occupessatuxet Neck
                                                                as ice melted 15-18,000 years ago.                (Warwick)
                                                                                                             * Coggeshall (Warren)
                                                                                                             - Island Park (Portsmouth)


                             Headland Bluffs of                 Unsorted mixture of gravel to                9 Northeast side of
                             Glacial 7W (C)                     clay deposited in contact with                    Pt. Judith (Narragansett)
                                                                glacier ice.                                 - Briggs Pt. (Little Compton)


                             Soft Bedrock (D)                   Sedimentary rock usually in the              - East shore of the Bonnet
                                                                form of terraces or scalloped cliffs.             (Narragansett)
                                                                                                             - East facing segment of
                                                                                                                  the Newport Cliffs


                             Hard Bedrock (E) and               Hard bedrock is composed of                  9 Least susceptible to erosion
                             Discontinuous Bedrock              granite and metamorphic rocks;
                                                                Discontinuous bedrock, either
                                                                hard or soft, often extends from
                                                                the shore as a natural breakwater.



     0



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                                                                       Rhode Island Coastal Resources Management Program

                            Section 210.1                                              Bay are important recreational resources that are
                            Coastal Beaches                                            used by some 100,000 residents and tens of
                                                                                       thousands of out-of-state tourists on hot summer
                                                                                       days.

                            A. Definitions
                              1. Coastal beaches include expanses of                   C. Policies
                            unconsolidated, usually unvegetated sediment                  1. The Council's goals are (a) to preserve the
                            commonly subject to wave action. Beaches extend            qualifies of, and public access to those beaches
                            from mean low water landward to an upland rise,            which are an important recreational resource
                            usually the base of a dune, headland bluff           or    (adjacent to Type I and 2 waters); (b) to prevent
                            coastal protection structure, pilings or foundation.       activities that will significantly disrupt longshore
                                                                                       and/or onshore-offshore beach processes, thereby
                                                                                       creating an erosion or flooding hazard; and, (c) to
                            B. Findings                                                prevent construction in high hazard areas; and, (d)
                              1. Beaches are dynamic, flexible features. The           to protect the scenic and ecologic value of beaches.
                            character of a beach is determined primarily by the           2. Alterations to beaches adjacent to Type I
                            particle size of the sediment and by the amount of         and Type 2 waters are prohibited except where the
                            wave and current action. Beaches are formed by             primary purpose of the project is to preserve or
                            sediment that are carried by waves and longshore           enhance the area as a natural habitat for native
                            currents from eroding headlands, from up current           plants and wildlife. In no case shall structural
                            beaches in the longshore system, and from the              shoreline protection facilities be used to preserve
                            subtidal shoreface portion of the shoreline. It is         or enhance these areas as a natural habitat or to
                            often difficult to establish the source of sediment        protect the shoreline feature.
                            for an individual beach, but shoreline protection
                            facilities such as bulkheads, seawalls, groins, or            3. Alterations to beaches adjacent to Type 3, 4,
                            jetties can alter significantly the volume supplied        5, and 6 waters may be permitted if (a) the
                            by suppressing the source or altering the transport        alteration is undertaken to accommodate a
                            of sediment along the shore. Such structures can           designated priority use for the abutting water area;
                            retard erosion at one site while increasing erosion        (b) the applicant has examined all reasonable
                            rates on an adjoining property. Beaches alter their        alternatives and the Council has determined that
                            volume and shape in response to regional weather           the selected alternative is the most reasonable; (e)
                            patterns. During stormy periods, large waves               only the minimum alteration necessary to support
                            erode the beach and foredune zone and deposit              the designated priority use is made; (d) there is no
                            sediment offshore on the subtidal shoreface as bars        change in the usage of the property; (e) there is no
                            or platforms. These bars function to dissipate             change in the footprint of existing structures; and,
                            wave energy and thus retard erosion of the                 (f) the construction will meet all current and
                            interfidal beach. Sediment is transported from the         applicable policies, standards, and requirements of
                            shoreface back to the beach during periods of fair-        the RICRMP.
                            weather by small waves and a broad berm is
                            deposited. There are usually fewer storms in the              4. Vehicular use of beaches, where not
                            summer then the other three seasons, thus the              otherwise prohibited or restricted by property
                            beach (berm) has more volume at that time;                 owners or by private or public management
                            however, the passage of hurricanes may interrupt           programs, is permitted only under the following
                            this trend. Longshore currents generated in the            conditions:
                            surf zone by waves striking the beach at an angle
                            transport sediment in the direction of the open               (a)    Motorcycles, minibikes, snowmobiles,
                            angle. Coastal protection structures that protrude            all-terrain motorized cycles and tricycles are
                            onto the berm may interrupt the transport of                  prohibited       except        for       authorized
                            sediment along the beach, resulting in deposition             management-related vehicles.
                            on the up current side and increased erosion
                            downcurrent of the structure.                                 (b) A Coastal Resources Management Council
                               2. All beaches associated with barriers along the          annually renewable use permit is required for all
                            ocean shore and several isolated beaches within the           vehicles. Such permits may be obtained for a

                            Original Edition                                       Page 1                                       Section 210.1






                                                                      Rhode Island Coastal Resources Management Program

                              fee subject to the following requirements and             (e) spare tire;
                              conditions. In the event these requirements and
                              conditions are not met, the use permit shall be           (f) low-pressure tire gauge (0-20 lbs.);
                              subject to revocation by the Council or its
                              agents:                                                   (g) first aid kit;

                                 (1) Vehicles shall have all documentation and          (h) fire extinguisher;
                                 registration necessary for operation on the
                                 public highways of this state.                         (i) appropriate emergency signal devices and/or
                                                                                        two way radio; and
                                 (2) All permit applicants shall exhibit proof of
                                 current liability insurance coverage.                       flashlight.

                                 (3) All persons operating said vehicles shall
                                 have valid operator licenses.                        D. Prohibitions

                                 (4) Maximum speed on all beaches shall not             1. The construction of new structures other than
                                 exceed 10 mph. Maximum speed on beaches              accessways, walkover structures, and beach
                                 shall not exceed 5 mph when approaching              facilities, are prohibited in the setback areas
                                 pedestrians.                                         established in Section 210.C.4.

                                 (5) Ruts or holes caused by vehicles shall be          2. The use of plastic snow-fencing is prohibited
                                 filled and debris removed.                           due to the hazards presented to fish, marine
                                                                                      mammals, and other wildlife in the aftermath of a
                                 (6) Headlights shall be used by all vehicles         storm event.
                                 while in motion between sunset and sunrise.
                                                                                        3. Alterations to beaches adjacent to Type 1
                                 (7) Riding on or driving from any position           and Type 2 waters are prohibited except where the
                                 outside the vehicles is prohibited.                  primary purpose of the project is to preserve or
                                                                                      enhance the area as a natural habitat for native
                                 (8) Vehicles are prohibited on        swimming       plants and wildlife.
                                 beaches during the period they are protected
                                 by lifeguards and in operation.

                                 (9) Vehicles shall be at all times subject to
                                 town ordinances and all regulations restricting
                                 the use of private, state and federal
                                 properties.

                              5. The Council requires, for the operator's
                           safety and benefit, that every vehicle operated on
                           a beach carry the following equipment (in good
                           working order):

                              (a) shovel (heavy-duty or military entrenching
                              tool);

                              (b) tow rope or chain (15 feet, load strength of
                              1,800 lbs., chain size 5/16");

                              (c) jack and support stand (minimum 18 " x 18
                              x 5/8", plywood);

                              (d) street legal tires (4-ply tread, 2-ply
                              sidewalls) - snow or mud tires are not
                              recommended;



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                                                                        Rhode Island Coastal Resources Management Prognm


                            Section 210.2                                               B. Findings
                            Barrier Islands and Spits
                                                                                           1. Rhode Island's South Shore coastal ponds and
                                                                                        a frequently low-lying mainland are protected from
                            A. Derinition                                               the forces of the open ocean by a chain of low,
                                                                                        narrow barriers. Their importance as buffers
                              1. Barriers are islands or spits comprised of sand        against storms, the continuing pressures to build
                            and/or gravel, extending parallel to the coast and          upon them, and a long history of disasters during
                            separated from the mainland by a coastal pond,              hurricanes have made the regulation of activities
                            tidal water body, or coastal wetland. In addition to        on barrier a primary concern of the Coastal
                            a beach, barriers have, in most cases, a frontal            Resources Management Council. Several barriers
                            foredune zone and often, backbarrier dune fields.           that had all structures destroyed in 1938 and 1954
                            The lateral limits of barriers are defined by the           are again developed.
                            area where unconsolidated sand or gravel of the
                            barrier abuts bedrock or glacial sediment. This                2. The flexibility of barriers permits them to
                            definition of a barrier system is commonly                  withstand the severe forces of erosion to which
                            associated with many geomorphic descriptors.                they are exposed. All ocean-fronting barriers are
                            These descriptors include, but are not limited to,          migrating inland in response to those natural
                            barrier islands, bay barriers, and spits. Spits are         erosion forces and to sea-level rise. The migration
                            further described as tombolo, shingle, cuspate, and         process takes the form of "rolling over," whereby
                            flying spits. The terms "bar" and "ridge" were              sand eroded from the ocean beach is transported by
                            once used to describe a barrier system, but have            storm-surge overwash water and deposited on the
                            since been replaced with the term "barrier". Many           barrier and in the coastal lagoon landward of the
                            of the state's barriers have been mapped and                barrier. The peat sometimes seen along the ocean
                            assigned by the Coastal Resources Management                shore of barriers is evidence of the past existence
                            Council to three categories, as listed in Table 4.          of a marsh that once flourished behind an older,
                            The barriers or portions thereof designated by the          more seaward barrier. This same flexibility makes
                            federal government as undeveloped pursuant to               barriers particularly ill-suited to human occupation.
                            their criteria, under the Coastal Barrier Resources         Not only do buildings interfere with foredune
                            Act of 1982 (Public Law 97- 348), are noted in              growth but during major hurricanes debris from
                            Table 4. In these federally designated areas, flood         shattered structures is swept inland, causing
                            insurance for most forms of construction is not             additional destruction on the barrier and on
                            available.                                                  adjacent low-lying mainland areas, increasing
                                                                                        property damage, and complicating cleanup
                              2. Undeveloped Barriers are essenfially free of           efforts. Sixty-five percent of Rhode Island's 27.3
                            commercial/industrial buildings, (excluding public          miles of ocean-fronting barriers are undeveloped.
                            utility lines) houses, surfaced roads, and structural       The recreational opportunities and uniquely
                            shoreline protection facilities.                            beautiful open space they provide are of growing
                              3. Moderately Developed Barriers are those that           importance in an increasingly developed region.
                            are essentially free of houses, commercial/                    3. Within Narragansett Bay there are several
                            industrial buildings and/or facilities (excluding           small barriers that are also highly susceptible to
                            utility lines) that contain surfaced roads,                 damage during major storms.                With few
                            recreational structures, and/or structural shoreline        exceptions, these barriers have not been developed
                            protection facilities.                                      and provide locally important natural areas of great
                              4. Developed barriers contain houses and/or               beauty and often considerable recreational value.
                            commercial/industrial structures; they may also
                            contain surfaced roads and structural shoreline             C. Policies
                            protection facilities. Maps of designated barriers
                            are available for inspection at the offices of the             1. On barriers classified as undeveloped in Table
                            Coastal Resources Management Council.                       4, the Council's goal is to preserve, protect, and
                                                                                        where possible, restore these features as
                                                                                        conservation areas and as buffers that protect salt


                            Original Edition                                      Page I                                          Section 210.2






                                                                        Rhode Island Coastal Resources Management Program

                            ponds and the mainland from storms and                           structural foundation of the existing building
                            hurricanes.                                                      as of June 23, 1983; associated structures
                                                                                             shall not be used in calculating existing area;
                              2. On barriers classified as developed in Table
                            4, the Council's goal is to ensure that the risks of             iv) The activity shall meet or exceed all
                            storm damage and erosion for the people inhabiting               relevant standards for the appropriate flood
                            these features are minimized, that activities that               zone designation;
                            may reduce the effectiveness of the barrier as a
                            storm buffer are avoided, and that associated                    v) All activities shall be subject to relevant
                            wetlands and ponds are protected.                                setback and buffer zone requirements of this
                                                                                             program, including accessory structures such
                              3. On Barriers classified as Moderately                        as decks, porches, walls, boardwalks,
                            developed in Table 4, the following policies shall               swimming pools, roads, driveways, parking
                            apply:                                                           lots and other structures integral to or
                                                                                             ancillary to the existing recreational structure.
                              a) New development is prohibited on Moder-
                              ately Developed Barriers except where the                   4. Alterations to undeveloped barriers are
                              primary purpose of the project is restoration,            prohibited except where the primary purpose of the
                              protection or improvement of the feature as a             project is protection, maintenance, restoration or
                              natural habitat for plants and wildlife or as             improvement of the feature as a natural habitat for
                              allowed under paragraph (c) of this section;              native plants and wildlife.        In no case shall
                                                                                        structural shoreline protection facilities be used to
                              b) Existing roads, bridges, utilities and shoreline       preserve or enhance these areas as a natural habitat
                              protection facilities may be maintained only, in          or to protect the shoreline feature.
                              accordance with the requirements of Section
                              300.14;                                                     5. The Council recognizes the highly dynamic
                                                                                        nature of barriers and that storms may cause
                              c) Existing recreational structures may be                sudden and significant changes to the geomorphic
                              altered, rehabilitated, expanded or developed (as         form of these coastal features. Accordingly, large
                              defined in the glossary of the (RICRMP)                   scale public infrastructure improvements and dense
                              according to the following standards:                     development is inappropriate.         Therefore, the
                                                                                        construction or expansion of new infrastructure or
                                  i) Any expansion of or development activities         utilities shall be prohibited on all barriers including
                                  associated     with     existing     recreational     water, gas and sewer lines. It is not the intention
                                  structures shall not occur within or extend           of these policies to apply to individual, on-site
                                  into any flood zone designated as V on the            water supply systems or individual sewage disposal
                                  most current Federal Insurance Rate Maps,             systems, or gas lines.          The use of plastic
                                  or as established by the Federal Emergency            snow-fencing on all barriers is prohibited.
                                  Management Agency;
                                                                                          6. It is the Council's policy to assure that all
                                  ii) All activity shall be confined to the             construction permitted on developed barriers is
                                  existing footprint of disturbance; for the            undertaken to provide for the greatest physical
                                  purposes of this section, the footprint of            security of the inhabitants of the barrier and
                                  disturbance shall be defined as that area             adjoining mainland and to maintain, to as great an
                                  encompassed by the perimeter of the                   extent as possible, the qualities of the adjacent
                                  structural foundation and/or areas determined         coastal pond and wetlands.             (See detailed
                                  by the CRMC to be substantially altered due           regulations for construction on dunes and beaches
                                  to associated structures, excluding dunes,            in Section 210.1, flood hazard areas in Section
                                  wetlands and areas encompassed within                 300.3, and other applicable policies and standards
                                  pertinent     setback     and     buffer     zone     in the Coastal Resources Management Program
                                  requirements of this program;                         and special area management plans).                 The
                                                                                        construction of new buildings is prohibited on
                                  iii) Any proposed expansion of existing               developed barriers on which only roads, utility
                                  recreational structures shall be limited to an        fines, and other forms of public infrastructure were
                                  area equal to 25 % of the square footage of           present as of 1985.
                                  the ground floor area encompassed by the



                            Original Edition                                       Page 2                                        Section 210.2






                                                                      Rhode Island Coastal Resources Management Program

                             7. With the exception of boardwalks and snow             D. Prohibitions
                           fencing utilized to trap sand, all residential and
                           non-water-dependent recreational, commercial,                1. The use of plastic snow-fencing is prohibited
                           and industrial structures on undeveloped barriers          on all barriers due to the hazards presented to fish,
                           physically destroyed 50 percent or more by                 marine mammals, and other wildlife in the
                           storm-induced flooding, wave or wind damage                aftermath of a storm event.
                           may not be reconstructed regardless of the
                           insurance coverage carried.                                  2. Vehicle access across a back barrier flat to
                                                                                      access the Salt Ponds is prohibited. Access to the
                             8. Persons utilizing undeveloped beaches are             ponds shall be on foot only.
                           required to observe the following rules:
                                                                                        3. Vehicles are prohibited in vegetated areas
                             (a) Destruction or removal of signs, snow                anywhere on the barriers.
                             fencing, or other sand-stabilizing devices is
                             prohibited; camping is prohibited unless in                4. Alterations to undeveloped barriers are
                             vehicles equipped with a self-contained toilet.          prohibited except where the primary purpose of the
                                                                                      project is protection, maintenance, restoration or
                             (b) Vehicles are permitted only on marked roads          improvement of the feature as a natural habitat for
                             or trails and on the beach. Vehicles that drive on       native plants and wildlife.        In no case shall
                             the beach and designated unstabilized trails on          structural shoreline protection facilities be used to
                             undeveloped barriers shall abide by the policies         preserve or enhance these areas as a natural habitat
                             found in Section 210. 1.                                 or to protect the shoreline feature.

                             (c) Persons shall be at all times subject to               5. The construction or expansion of new
                             applicable town ordinances and regulations               infrastructure or utilities shall be prohibited on all
                             restricting the use of private, state, or federal        barriers including water, gas and sewer lines. It is
                             properties.                                              not the intention of these policies to apply to
                                                                                      individual, on-site water supply systems or
                             9. Existing recreational structures, such as beach       individual sewage disposal systems, or gas lines.
                           pavilions, located on undeveloped and moderately-
                           developed barriers that enhance the public's access          6. New development is prohibited on moderately
                           to the water and generate tourism revenue for the          developed barriers except where the primary
                           State of Rhode Island may be permitted to be re-           purpose of the project is restoration, protection, or
                           established in the event that they are physically          improvement of the feature as a natural habitat for
                           destroyed 50% or more as a result of storm                 plants and wildlife or as allowed under Section
                           induced flooding, wave, or wind damage, provided           210.3.C.3 herein. In no case shall structural
                           that: .(a) applicable policies and standards of the        shoreline protection facilities be used to preserve
                           RICRMP are met; and, (b) public access to the              or enhance these areas as a natural habitat or to
                           shore    is   enhanced.     Where possible,         the    protect the shoreline feature.
                           reconstruction of these structures shall be behind
                           the foredune zone as defined in Section 210.1.               7. The construction of new buildings is
                           Any reconstruction of these facilities shall be            prohibited on developed barriers on which only
                           limited to the square footage of the ground floor          roads, utility lines, and other forms of public
                           area encompassed by the structural foundation of           infrastructure were present as of 1985.
                           the existing (associated structures shall not be used
                           to calculate this area).














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                                                           Rhode Island Coastal Resources Management Program





                                              Table 4. Undeveloped, Moderately Developed, and Developed Barriers

                                                 Undeveloped

                                                    Sandy Point Island, Westerly'
                                                    Napatree Beach, Westerly' (west of Watch Hill Beach Club)
                                                    Maschaug Beach, Westerly'
                                                    Quonochontaug Beach, Westerly/Charlestown' (west of Breachway)'
                                                    East Pond Beach, Charlestown
                                                    East Beach (Ninigret conservation area to Charlestown Breachway)'
                                                    Green Hill Beach, South Kingstown' (central portion)
                                                    Moonstone Beach, South Kingstown
                                                    Browning Beach, South Kingstown'
                                                    Long Pond Beach, Little Compton'
                                                    Round Pond Beach, Little Compton'
                                                    Briggs Beach, Little Compton'
                                                    Ship Pond Cove, Little Compton
                                                    Round Meadow Pond, Little Compton
                                                    Quicksand Pond Beach, Little Compton'
                                                    High Hill Marsh Barrier, Little Compton' (eastern portion)
                                                    Sandy Point/West Beach, New Shoreham'
                                                    Casey Point, North Kingstown'
                                                    Greene Point, North Kingstown'
                                                    Bissel Cove Barrier, North Kingstown
    is                                              Tibbit's Creek, North Kingstown
                                                    Baker's Creek, Warwick
                                                    Buttonwood Cove, Warwick
                                                    Gaspee Point, Warwick
                                                    Conimicut Point, Warwick
                                                    Nayatt Point Beach, Barrington
                                                    Mussachuk Creek, Barrington
                                                    Rumstick Point, Barrington
                                                    Hog Island, Portsmouth' (2 separate areas)
                                                    Musselbed shoals, Portsmouth
                                                    Nag Pond/Jenny Pond, Portsmouth'
                                                    Gull Point, Portsmouth
                                                    Sheep Pen Cove, Portsmouth
                                                    McCurry Point, Portsmouth
                                                    Sapowet Point, Tiverton
                                                    Fox Hill Pond, Jamestown















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                                                                       Rhode Island Coastal Resources Management Program



                                                       Table 4. (Con't)

                                                           Moderately Developed

                                                               Napatree Beach, Westerly (easterly portion)
                                                               Michel Pond Beach, Charlestown
                                                               Garden Pond Beach, Charlestown
                                                               Charlestown Beach, Charlestown (east of breachway to developed portion)
                                                               Narragansett Beach, Narragansett
                                                               Bonnet Shores Beach, Narragansett
                                                               Mackerel Cove Beach, Jamestown
                                                               Hazards Beach, Newport
                                                               Bailey's Beach, Newport
                                                               First (Easton's) Beach, Newport (western portion)
                                                               Crescent Beach, New Shoreham'
                                                               Second Beach, Middletown
                                                               Third Beach, Middletown
                                                               Fogland Point, Tiverto&
                                                               Tunipus Pond Beach, Little Compton
                                                               Watch House Pond Beach, Little Compton'
                                                               Sakonnet Harbor Beach, Little Compton' (eastern portion)




                                                           Developed

                                                               Atlantic Beach, Westerly
                                                               Quonochontaug Beach, Charlestown (east of breachway)
                                                               East Beach, Charlestown (west of Ninigret conservation area)
                                                               Charlestown Beach, Charlestown
                                                               Green Hill Beach, South Kingstown (westerly and easterly portions only)
                                                               East Matunuck/Jerusalern Beach, South Kingstown and Narragansett
                                                               Roger Wheeler Beach (Sand Hill Cove), Narragansett
                                                               Bonnet Shores Beach, Narragansett (easterly portion)
                                                               First (Easton's) Beach, Middletown (easterly portion)
                                                               Crescent Beach, New Shoreharn (southerly portion)
                                                               Coast Guard Beach, New Shoreharn
                                                               High Hill Marsh Barrier, Tiverton (western portion)





                            -----------------------------------------------------------------------------------------------------------------------------
                            1 Denotes those barriers or portions thereof where the Coastal Barrier Resources Act of 1982 (CoBRA)
                            prohibits federal subsidies for most new development and federal flood insurance for all new development.
                            For the most up-to-date maps showing CoBRA designations, contact the Division of Planning, Department
                            of Administration.

                            * Note: This list denotes most of the major barriers in Rhode Island. However, there may be some small
                            barrier systems not contained on this list, but are subject to the policies characterized by the barrier's level
                            of development.





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                                                                       Rhode Island Coastal Resources Management Program

                            Section 210.3.                                               gaulmunia);    Sea      Lavender        (LimQnium
                            Coastal Wetlands                                             carolinianum); tall cordgrass (SpaEdpa pto:n=);
                                                                                         saltmarsh bulrushes (Slir= spp.); and high fide
                                                                                         bush (1ya frutescens).
                            A. Definitions                                               6. Low salt marsh is defined as that portion of
                                                                            s and        the salt marsh that is flooded daily. The vegetative
                              1. Coastal wetlands include salt marshe                    composition of the low salt marsh typically consists
                            freshwater or brackish wetlands contiguous to salt           predominantly of smooth cordgrass (Spz_r@im
                            marshes or physiographical features. Areas of                a1W1d1fl=).
                            open water within coastal wetlands are considered
                            a part of the wedand. In addition, coastal wetlands          7. Alterations to coastal wetlands are defined in
                            also include freshwater and/or brackish wetlands             ï¿½300.12.
                            that are directly associated with non-tidal coastal
                            ponds and freshwater or brackish wetlands that
                            occur on a barrier beach or are separated from               B. Findings
                            tidal waters by a barrier beach.
                              2. Salt marshes are areas regularly inundated by           1. Coastal wetlands are important for a variety
                            salt water through either natural or artificial water        of reasons. They provide food and shelter for
                            courses and where one or more of the following               large populations of juvenile fish and are nurseries
                            species predominate: smooth cordgrass (Spartina              for several species of fish. The mud flats and
                            alterniflora), salt meadow grass (Spartina patens),          creeks associated with many coastal wetlands are
                            spike grass (Distichlis spicata), black rush (Juncus         rich in shellfish, particularly soft-shelled clams.
                            gerardi), saltworts (Salicornia spp.), sea lavender          Coastal wetlands also provide important habitat for
                                                                                         shore birds and waterfowl, and many are among
                            (Limonlum carolinianum), saltmarsh bulrush                   11-
                            (Scirpus spp.), high tide bush (Iva frutescens).             die most scenic features of the Rhode Island shore.
                                                                                         Coastal wetlands are effective in slowing erosion
                              3. Contiguous freshwater wetlands are those                along protected shores.
                            wetlands which border directly on salt marshes or            2.   Much of the original acreage of coastal
                            brackish wetlands or physiographical features and            wetlands in Rhode Island has been destroyed, and
                            which, except for size limitations, meet the                 the pressures to fill coastal wetlands continue.
                            definition of bog, marsh, swamp, or pond under               Downtown Providence, much of Quonset, and
                            the Rhode Island Freshwater Wetlands Act (R.I.               many other low-lying coastal communities are built
                            General Laws, Section 2-1-18 et seq.).              All      on what was once coastal wetland. We do not
                            contiguous freshwater wetlands are protected under           know how much coastal wetland has been
                            this Program, regardless of their size.                      destroyed by development, but some 10 percent of
                              4. Contiguous brackish wetlands are those                  our coastal wetlands of 40 acres or more is
                            wetlands which border directly on salt marshes and           reported to have been filled between 1955 and
                            where one or more of the following species                   1964.   Since coastal wetlands are found in
                            predominate: tall reed (Phragmites communis),                sheltered waters, they frequently coincide with
                            tall cordgrass (Spartina pectinata), broadleaf cattail       attractive sites for marinas and waterfront homes.
                            (Typha latifolia), narrowleaf cattail (Typha                 The pressures to fill or otherwise alter coastal
                            angustifolia), spike rush (eleocharis rostellata),           wetlands therefore remain. According to a 1975
                                                                                         survey, there are some 3,700 acres of salt marsh in
                            chairmaker's rush (Scirpus americana), creeping              the state, of which some 10 percent were fringe
                            bentgrass    (Agrostis palustris)       sweet grass          marshes less than five yards wide. Approximately
                            (Hierochloe odorata), wild rye (elymus virginicus).          90 percent of the state's salt marshes abut Type 1
                              5. High salt marsh is defined as that portion of           and 2 waters.
                            the salt marsh that typically is flooded by spring,          3. Most of Rhode Island's wetlands are small
                            moon, or other flooding tides but otherwise is not           and, when viewed in isolation, may appear to be of
                            flooded on a daily basis.            The vegetative
                            composition of high salt marsh typically consists of         insignificant value. In order to better understand
                            one or more of the following: salt meadDw grass              the value of individual salt marshes, the Council
                            (Spartina pjaj=); spike grass (Distichlis api=);             has sponsored research to investigate the feasibility
                            black rush (Juncus gtrar@fi); tall reed (Phragmites          Of rating the relative value of individual coastal

                            Original Edition                                      Page I                                        Section 210.3






                                                                        Rhode Island Coastal Resources Management Program

                             wetlands, Two ears oftesearch revealed that it is           construction or repair of structural shoreline
                             not possible to rate coastal wetlands if all                protection facilities.
                             ecological considerations are given equal weight.
                             The study also showed that there is little if any             5. Coastal wetlands designated for preservation
                             correlation between the perceived scenic coastal            adjacent to Type 3, 4, 5, and 6 waters are
                             wetland and its ecological characteristics.                 identified on maps available for inspection at the
                                                                                         Council's offices and at the town halls of coastal
                               4.   Land uses and activities abutting        coastal     cities and towns. In these designated wetlands only
                             wetlands may have a strong impact upon the                  the alterations described in #4 above may be
                             wetland itself. Nearby drainage patterns which              permitted. Dredging and filling in these designated
                             affect sedimentation processes and the salinity of          coastal wetlands are prohibited. The maps of
                             waters may easily be altered, with detrimental              designated coastal wetlands serve to identify
                             effects.    Wildlife must be protected from                 individual wetlands; in all cases precise boundaries
                             harassment. Bulkheading and filling along the               shall be determined through a field inspection when
                             inland perimeter of a marsh prevents inland                 proposals that could impact these features are
                             migration of wetland vegetation as sea level rises.         being considered. In support of this goal, the
                                                                                         Council supports a policy of "no net loss" of
                               5.   In light of continuing pressures to alter            coastal wetland acreage and functions as a result of
                             coastal wetlands, and in accordance with the                coastal development.
                             Council's policy of "no net loss", avoidance and
                             minimization of impacts and compensation for                  6. Salt marshes adjacent to Type 3,4,5, and 6
                             unavoidable losses, are necessary tools for                 waters that are not designated for preservation may
                             retaining and restoring Rhode Island's coastal              be altered if (a) the alteration is made to
                             wetlands.                                                   accommodate a designated priority use for that
                                                                                         water area, (b) the applicant has examined all
                                                                                         reasonable alternatives and the Council has
                             C. Policies                                                 determined that the selected alternative is the most
                                                                                         reasonable, and (c) only the minimum alteration
                               1. The Council's goal is to preserve and, where           necessary to support the priority use is made.
                             possible, restore coastal wetlands.
                                                                                           7. All alterations to coastal wetlands shall be
                               2. To offset past losses in coastal wetlands and          carried out in accordance with Section 300.12.
                             unavoidable alterations to surviving coastal
                             wetlands:     (a) disturbed wetlands should be
                             restored as directed by the Council or enhanced
                             when possible, and (b) in areas selected on the
                             basis of competent ecological study, the Council
                             will encourage the building of new wetlands.

                               3. All alterations to salt marshes and contiguous
                             freshwater or brackish wetlands abutting Type I
                             waters are prohibited except for minimal
                             alterations required by the construction or repair of
                             an approved structural shoreline protection facility
                             (see Section 300.7). In Type I 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 contiguous
                             freshwater or brackish wetlands 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


                             Original Edition                                        Page 2                                        Section 210.3






                                                                        Rhode Island Coastal Resources Management Program

                            Section 210.4.                                              C. Policies
                            Coastal Headlands, Bluffs,                                    1. The Council's goals are to (a) protect coastal
                            and Cliffs                                                  cliffs, and bluffs from activities and alterations that
                                                                                        may damage the value of these features as sources
                            A. Definition                                               of sediment to beaches and as a buffer against
                                                                                        storm waves and flooding; (b) prevent any
                              Coastal cliffs, and bluffs are elevated land forms        construction in contiguous areas that may weaken
                            on headlands directly abutting coastal waters, a            the feature and has the potential of creating a
                            beach, coastal wetland, and rocky shore.                    hazard; and (c) preserve the scenic and ecological
                                                                                        values of these features.
                            B. Findings                                                   2. Due to their well-recognized scenic value and
                                                                                        their use as tourist attractions and low-intensity
                                                                                        recreation areas, the Council designates the
                              1. Coastal cliffs and bluffs include a wide               following coastal cliffs and bluffs as Coastal
                            variety of headland land forms ranging from low             Natural Areas: Bonnet Point, Hazard Rocks, Fort
                            bluffs with scarps cut in easily erodible glacial           Wetherill, Ocean Drive, the Brenton Cove Cliffs,
                            river or lake sediment, or in glacial till, to the          Cliff Walk, Purgatory Chasm, Sakonnet Point, and
                            dramatic bedrock cliffs           of Newport and            Mohegan Bluffs.         A Council. priority when
                            Narragansett. They are among our most scenic                considering proposed alterations on or adjacent to
                            coastal features and are the sites for popular scenic       these features is the preservation and, where
                            overlooks. More than 300,000 visit Newport's                possible, the restoration of their scenic qualities.
                            Cliff Walk each year.
                                                                                          3. On shorelines adjacent to Type I waters, the
                              2. Exposed bluffs of unconsolidated material,             Council shall prohibit construction on or alteration
                            such as those along the Matunuck headland in                of coastal cliffs and bluffs and contiguous areas
                            South Kingstown, have been known to recede by as            where such construction or alteration has a
                            much as 30 feet in a single severe hurricane.               reasonable probability of causing or accelerating
                            Portions of the Mohegan Bluffs on Block Island              erosion or degrading a generally recognized scenic
                            have eroded similar distances by undercutting of            vista. The Council shall require suitable unaltered
                            the toe resulting in bluff collapse in less severe          buffer zones on cliffs and bluffs where erosion or
                            storms. Human activities can greatly increase the           substrate stability can be affected by facility
                            susceptibility of     headland bluffs to erosion.           construction or use.
                            Structures close to the face of a bluff can make the
                            feature unstable, and concentrated runoff and                 In determining whether a reasonable probability
                            devegetation can cause a marked acceleration of             exists that increased erosion or loss of scenic
                            erosion. Factors that affect the ability of a cliff or      values will result from the proposed construction
                            bluff to withstand erosion include its composition          or alteration, the Council shall consider the
                            (rock or soil type), slope, stratigraphy, height,           following:
                            exposure, vegetative cover, and the amount of
                            human disturbance to which it is subjected. Since             (a) the exposure of the feature to the erosional
                            headland bluffs are composed of unconsolidated                forces of tidal currents, storm waves and storm-
                            glacial sediment, they are more susceptible to                surge flooding, wind and surface runoff, and
                            erosion than headland chffs composed of bedrock.              other such natural processes;
                              3. Eroding bluffs can be important sources of               (b) the composition of the feature involved as
                            sediment to nearby beaches. The bluffs of Watch               well as its slope, stratigraphy, height, exposure,
                            Hill headland in Westerly, for example, were                  and vegetative cover;
                            probably an important source of sand to the South
                            Shore barrier and headland beaches. Extensive                 (c)    existing types and levels of use and
                            reveting of this headland certainly had                a      alteration;
                            detrimental effect on these apparently distant and
                            unconnected beaches.          Due largely to their            (d) competent geological evidence to evaluate
                            inaccessibility to man and other predators, some              whether natural erosion of the feature in question
                            cliffs and bluffs provide important nesting sites for         is a significant source of sediments to nearby
                            several species of birds.


                            Original Edition                                       Page I                                        Section 210.4






                                                                      Rhode Island Coastal Resources Management Program


                             headland and barrier beaches and whether the
                             proposed     construction of alteration will
                             substantially reduce that source of sediment; and

                             (e) inclusion of the feature on an accepted
                             inventory of significant scenic or natural areas or
                             evidence of public use and enjoyment as a scenic
                             or natural area.

                             4. The Council shall encourage the use of
                           non-structural methods to diminish frontal erosion
                           associated with coastal cliffs and bluffs adjacent to
                           Type I and Type 2 waters.

                             5. Construction or alterations to coastal cliff and
                           bluffs contiguous to Type 2, 3, 4, 5 and 6 waters
                           may be permitted if (a) the construction is
                           undertaken to accommodate a designated priority
                           use for the abutting 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 designated
                           priority use is made. In considering applications
                           for permits for erosion-control measures, the
                           Council shall weigh the impact of the proposed
                           structure on the supply of sediments to nearby
                           beaches.      Where the Council finds that a
                           substantial reduction or elimination of sediment is
                           likely to result, and that natural erosional processes
                           affecting the nearby beach will thereby be
                           accelerated, it shall deny an application for Assent.




























                           Original Edition                                      Page 2                                        Section 210.4






                                                                       Rhode Island Coastal Resources Management Program

                            Section 210.5.                                            will result from the proposed construction or
                            Rocky Shores                                              alteration, the Council shall consider the following:
                                                                                      (a) the exposure of the feature to the erosional
                            A. Definition                                             forces of tidal currents, storm waves and flooding,
                                                                                      wind and surface runoff, and other such natural
                                                                                      processes; (b) the composition of the feature
                              Rocky shores include naturally occurring                involved and any significant plant or animal
                            shorelines composed of bedrock ledge or                   communities present; (c) existing types and levels
                            boulder-strewn areas, extending from below mean           of use and alteration; and (d) inclusion of the
                            low water to above the mean high water mark.              feature on an accepted inventory of significant
                            These areas frequently contain tide pools.                scenic or natural areas or evidence of general
                                                                                      public use and enjoyment as a scenic or natural
                                                                                      area.
                            B. Findings
                                                                                         4. The construction of alterations to rocky
                              1. Rocky shores play an important role in storm         shores adjacent to Type 3, 4, 5, and 6 waters may
                            damage prevention and provide habitat to specially        be permitted if (a) the construction is undertaken to
                            adapted assemblages of organisms. Gently sloping          accommodate a designated priority use for the
                            terraces of bedrock and boulders dissipate wave           abutting water area, (b) the applicant has examined
                            energy and are effective buffers that protect the         all reasonable alternatives and the Council has
                            mainland from storm damage.           Rocky shores        determined that the selected alternative is the most
                            harbor a diversity of specially adapted plants and        reasonable, and (c) only the minimum alteration
                            animals that can withstand both wave action and           necessary to support the designated priority use is
                            occasional desiccation. Tide pools are particularly       made.
                            beautiful features that should be protected.

                              2. Many rocky shores, especially in the lower
                            Bay, are well recognized for their scenic value.
                            Beavertail Point in Jamestown and sections of
                            Ocean drive in Newport are 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 projects for
                            shoreline protection, is prohibited.

                              3. On shorelines adjacent to Type I and 2
                            waters, the Council shall prohibit construction on
                            or alteration of rocky shores and contiguous areas
                            where such construction or alteration has a
                            reasonable probability of causing or accelerating
                            erosion or degrading a generally recognized scenic
                            vista.


                              In determining whether a reasonable probability
                            exists that increased erosion or loss of scenic value


                            Original Edition                                      Page 1                                       Section 210.5






                                                                       Rhode Island Coastal Resources Management Program


                            Section 210.6
                            Manmade Shorelines


                            A. Definition

                              Manmade shorelines are those characterized by
                            concentrations of shoreline protection structures
                            and other alterations, to the extent that natural
                            shoreline features are no longer dominant. They
                            most commonly abut Type 3, 5, and 6 waters.
                            The presence of isolated seawalls, bulkheads, and
                            similar structures does not constitute a manmade
                            shoreline, as the term is used in this Program.

                            B. Findings

                              1. A 1978 survey of the Narragansett Bay
                            shoreline revealed that along 25 percent of the
                            shore natural features have been sheathed by
                            manmade structures. Many of these have been
                            built since the 1954 hurricane as attempts at
                            It erosion prevention," undertaken at great cost by
                            private property owners. Many will not survive a
                            major hurricane that strikes the coast from the
                            south.   Many structures are overbuilt for the
                            control of minor erosion between major storms.

                              2. Manmade shorelines usually have a major
                            impact on the appearance of the shore, interfere
                            with public access to and along the coast, and may
                            alter erosion-accretion processes on neighboring
                            beaches.


                            C. Policies

                              1. The Council's goals are (a) to encourage the
                            maintenance of structures that effectively mitigate
                            erosion and/or sustain landforms adjacent to the
                            water, and (b) prevent the accumulation of debris
                            along the shore where such structures are
                            ineffective or no longer in active use.

                              2. 'Me Council encourages proper maintenance
                            of existing shoreline protection structures (see
                            Section 300.7).

                              3. The Council shall endeavor to determine the
                            ownership of abandoned and deteriorating
                            shoreline protection structures and shall encourage
                            the owners of such structures to restore or remove
                            them.    The Council may order restoration or
                            removal where it finds that the structure poses a
                            hazard to navigation, interferes with the public's
                            right of access to and along the shore, causes
      is                    flooding or wave damage to abutting properties, or
                            degrades the scenic qualifies of the area.


                            Original Edition                                      Page I                                        Section 210.6






                                                                       Rhode Island Coastal Resources Management Program

                            Section 210.7                                                 3. Human-altered forms constructed in the
                            Dunes                                                       foredune area of gravel-sized material not
                                                                                        moveable by the wind, are not dunes, but are
                            A. Definitions                                              defined as dikes. Dikes are often placed along the
                                                                                        shoreline by property owners in the hope that they
                                                                                        will function as foredunes.        However, dikes
                              1. Dunes are elevated accumulations of sand               should not be confused with a true foredune
                            formed by wind action.           Dunes which are            because their response to geologic processes is
                            undisturbed appear as hills, mounds, or ridges of           quite different.
                            sand and are typically vegetated with beach grass
                            and shrubs. The more or less continuous ridge of              4. In order to protect the ecological and
                            dunes parallel to, and just inland of the beach is          geological integrity of the foredune zone and
                            termed the 'foredune zone'.                                 enhance its ability to serve as a buffer during
                                                                                        moderate and severe storm events all residential
                              For management purposes the seaward limit of              construction should be setback not less than 30
                            the foredune zone is defined as: (1) the furthest           times the annual erosion rate and all commercial
                            seaward point where a noticeable sustained                  construction should be set back not less than 60
                            increase in topographic slope begins, or (2) the            times the annual erosion rate as previously
                            ftwthest seaward extent of rooted vegetation in the         established in Section 140 of this program. Larger
                            immediate area, or (3) fifteen (15) feet seaward of         setbacks may be required based on an assessment
                            the dune crest, whichever is further seaward. The           of the site conditions and other concerns relative to
                            inland edge of the foredune zone is defined as              the proposed project. However, in no case should
                            twenty-five feet (25) landward of the dune crest.           the dune setback be less than 50 feet. Setbacks
                            It is from the inland edge of the foredune zone that        help protect property from damage and destruction
                            all setbacks are applied.                                   during severe storm events. All dune setbacks
                                                                                        should be measured from the inland edge of the
                            B. Findings                                                 dune or dike. Access ways may be allowed over
                                                                                        the dunes in order to facilitate pedestrian access to
                              1. The foredune zone, like beaches, is a dynamic          the beach.
                            feature. While beaches are shaped by the forces
                            of waves, the foredune is created and shaped                  5. Individual Sewage Disposal Systems have the
                            primarily by the wind.          The foredune zone           potential to become buoyant or be damaged during
                            dissipates energy from waves and storm-surge                a severe storm event causing raw sewage to spill
                            overwash. This results in a decreased wave runup            onto the beach. Therefore, no new Individual
                            and lowered levels of overwash water. Thus the              Sewage Disposal Systems should be constructed
                            foredune zone serves as buffer to help minimize             within the setback area. Repairs should, whenever
                            property loss. As reservoirs of sand, the foredune          possible, be located outside of the setback area.
                            zone provides some sediment to severely eroding
                            beaches. The height and stability of foredurtes is
                            enhanced by the growth of beach grass which traps           C. Policies
                            and anchors windblown sand. Although resistant
                            to salt air and desiccation, beach grass is easily            I, The Council's goals are to: (a) protect the
                            killed by human foot traffic. The shape or form             foredune zone from activities that have a potential
                            of the foredune zone is of paramount importance.            to increase wind or wave erosion; (b) to prevent
                            The seaward-facing slope of the foredune (termed            construction in high hazard areas and protect the
                            the dune ramp) naturally forms at the same                  public from dangerous storm forces; (c) to enhance
                            gradient as the seaward slope of the berm (usually          the ability of dunes to serve as a natural storm
                            5-10 degrees). This low-gradient surface serves to          buffer; and, (d) to protect the scenic and ecologic
                            dissipate and absorb wave energy.              Higher-      value of the foredune zone and dunes.
                            gradient slopes on human-altered foredunes often
                            do not absorb the wave energy; the non-absorbed               2. All residential construction shall be setback
                            waves erode the foredune and are reflected                  not less than 30 times the annual erosion rate and
                            seaward, transporting sand offshore.                        commercial construction shall be setback not less
                                                                                        than 60 times the annual erosion rate. In no case
                              2.    Human-altered foredunes constructed of              shall the setbacks be less than 50 feet. All setbacks
                            sand-sized material able to be moved by the wind            shall be measured from the landward edge of the
                            will move and grow similar to natural foredunes.


                            Original Edition                                       Page 1                                       Section 210.7






                                                                       Rhode Island Coastal Resources Management Program

                            foredune zone defined to be 25 feet landward of           D. Prohibitions
                            the dune crest.     A special exception shall be
                            required for relief from the setback requirements            1. Vehicles are prohibited on dunes and within
                            from dunes and beaches unless the activity                75 feet of the dune crest except on trails marked
                            proposed is a beach facility or access way (either        expressly for vehicular use. Prohibited areas may
                            lateral or perpendicular) in which case a variance        or may not be vegetated.
                            from the setback provisions shall be required. No
                            new Individual Sewage Disposal Systems shall be              2. Alteration of the foredune zone adjacent to
                            constructed within the setback area from the dune         Type I and 2 waters is prohibited except where the
                            or seaward of construction lines (see Section             primary purpose of the project is non-structural
                            300.6.A.2 for definition of new ISDS). Access             protection,      restoration,     nourishment,       or
                            ways may be permitted through the dunes in order          improvement of the feature as a natural habitat for
                            to gain access to the beach.                              native plants and wildlife.        In no case shall
                                                                                      structural shoreline protection facilities be used to
                              3. Alteration of the foredune zone adjacent to          preserve or enhance these areas as a natural habitat
                            Type I and 2 waters is prohibited except where            or to protect the shoreline feature.
                            the primary purpose of the project is non-structural
                            protection,     restoration,     nourishment,       or
                            improvement of the feature as a natural habitat for
                            native plants and wildlife.       In no case shall
                            structural shoreline protection facilities be used to
                            preserve or enhance these areas as a natural habitat
                            or to protect the shoreline feature. The Council
                            may also permit the establishment of accessways
                            (e.g., dune walkover structures) on foredunes
                            provided that all requirements of this section are
                            met.


                              4. Alteration of the foredune adjacent to Type 3,
                            4, 5, and 6 waters may be permitted if (a) the
                            alteration is undertaken to accommodate a
                            designated priority use for the abutting water area;
                            (b) the applicant has examined all reasonable
                            alternatives and the Council has determined that
                            the selected alternative is the most reasonable; (c)
                            only the minimum alteration necessary to support
                            the designated priority use is made; (d) there is no
                            change in the usage of the property; (e) there is no
                            change in the footprint of existing structures; and,
                            (f) the construction will meet all current and
                            applicable policies, standards, and requirements of
                            the RICRMP.


                              5. The construction of dune walkover structures
                            may be permitted in order to limit pedestrian
                            traffic and disturbance of the foredune zone. The
                            width of dune walkover structures shall be limited
                            to four (4) feet.      In some instances, public
                            walkover structures may include small decks and
                            viewing platforms provided that the square footage
                            of the viewing platforms will be limited to 100
                            square feet.







                            Original Edition                                     Page 2                                        Section 210.7






                                                                        Rhode Island Coastal Resources Management Program

                            Section 220.                                                   3. Historic and archaeological resources in the
                            Areas of Historic and                                       coastal zone are under great pressure from a
                                                                                        variety of forces which threaten their outright
                            Archaeological Significance                                 destruction or the degradation of their historic
                                                                                        qualities and setting.         Unsympathetic new
                            A. Definition                                               development, erosion, artifact collectors, and
                                                                                        rising sea levels are major factors in reducing the
                                                                                        number and quality of these irreplaceable
                              Historic and archaeological resources include             resources.
                            districts, sites, buildings, structures, objects, and
                            landscapes included in or eligible for inclusion in         C. policies
                            the state and national registers of historic places, or
                            areas designated as historically or archaeologically           1. The Council's goal is to,      where possible,
                            sensitive according to the predictive model                 preserve and protect significant historic and
                            developed by the Rhode Island Historical                    archaeological properties in the coastal zone.
                            Preservation Commission.
                                                                                           2. Preservation of significant historic and
                                                                                        archaeological properties is a high priority use of
                            B. Findings                                                 the coastal region. Activities which damage or
                                                                                        destroy important properties shall be considered a
                              1. The Rhode Island coastal region has a rich             low priority.
                            and    long     history,    and    possesses      many
                            well-preserved examples of prehistoric and historic            3. The Council shall require modification of, or
                            sites. The coastal zone contains an abundant and            shall prohibit proposed actions subject to, its
                            diverse number of native American Indian                    Jurisdiction where it finds a reasonable probability
                            settlements, some dating back at least 3,000 years.         of adverse impacts on properties listed in the
                            The bulk of the information still to be obtained            National Register of Historic Places. Adverse
                            concerning Rhode Island's prehistory is associated          impacts are those which can reasonably be
                            with sites in the coastal zone. The Historical              expected to diminish or destroy those qualifies of
                            Preservation Commission has developed a                     the property which make it eligible for the National
                            predictive model that identifies those coastal sites        Register of Historic Places. The Council shall
                            where significant archaeological finds are most             solicit the recommendations of the Historical
                            likely to be present.                                       Preservation Commission regarding impacts on
                              2. Beginning with the first Europeans under               such properties.
                            Giovanni da Verrazano, who visited the site of                 4. Prior to permitting actions subject to its
                            Newport in the early 1500s, the coastal zone has               .  ction on or adjacent to properties eligible for
                            been the location of important historic and                 @urisdi
                                                                                        inclusion (but not actually listed in the National
                            architectural development.        The Rhode Island          Register of Historic Places), and/or areas
                            coastal region is nationally recognized for its             designated as historically or archaeologically
                            outstanding historic architecture, and the majority         sensitive    by    the    Historical      Preservation
                            of all the sites and districts currently on the state       Commission as the result of their predictive model,
                            and national registers of historic places are located       the Council shall solicit the recommendations of
                            in the coastal zone.        Significant historic and        the Commission regarding possible adverse
                            archaeological sites are extremely valuable                 impacts on these properties. The Council may,
                            cultural, educational, economic, and recreational           based on the Commission's recommendations and
                            resources to the state's citizens and visitors alike,       other evidence before it, including other priority
                            and they are part of the essential character of the         uses of this Program, require modification of or
                            coastal zone. Historic properties are a key element         may prohibit the proposed action where such
                            in defining the state's quality of life, and hence its      adverse impacts are likely.
                            attractiveness to a growing tourist industry and as
                            a location for new investment. Historic sites and              5. Structural shoreline protection facilities may
                            districts provide access to and enjoyment of scenic         be permitted in Type I Waters provided that the
                            coastal areas, both in terms of the sites themselves        structure is necessary to protect a structure which
                            and in the traditional land-use patterns which              is currently listed in the National Register of
                            define many scenic qualities in the coastal zone.           Historic Places.


                            Original Edition                                       Page I                                          Section 220






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                             Part Three.

                                 Activities
 0                         under Council
                              Jurisdiction










 0                                        1






                                                                       Rhode Island Coastal Resources Management Program

                            Section 300.                                                 (11) demonstrate that measures have been taken
                            In Tidal and Coastal Pond                                  to minimize any adverse scenic impact (see Section
     01                     Waters, on Shoreline Features                              330).
                            and Their Contiguous Areas                                   Each topic shall be addressed in writing.

                                                                                         Additional requirements are listed for specific
                            Section 300.1                                              Category B activities and alterations in the sections
                            Category B Requirements                                    that follow.

                              All persons applying for a Category B Assent are
                            required to:

                              (1) demonstrate the need for the proposed
                            activity or alteration;

                              (2) demonstrate that all applicable local zoning
                            ordinances, building codes, flood hazard standards,
                            and all safety codes, fire codes, and environmental
                            requirements have or will be met;

                              (3) describe the boundaries of the coastal waters
                            and land area that are anticipated to be affected;

                              (4) demonstrate that the alteration or activity
                            will not result in significant impacts on erosion
                            and/or deposition processes along the shore and in
                            tidal waters.

                              (5) demonstrate that the alteration or activity
                            will not result in significant impacts on the
                            abundance and diversity of plant and animal life.

                              (6) demonstrate that the alteration will not
                            unreasonably      interfere    with,    impair,      or
                            significantly impact existing public access to, or
                            use of, tidal waters and/or the shore;

                              (7) demonstrate that the alteration will not result
                            in significant impacts to water circulation,
                            flushing, turbidity, and sedimentation;

                              (8) demonstrate that there will be no significant
                            deterioration in the quality of the water in the
                            immediate vicinity as defined by DEM;

                              (9) demonstrate that the alteration or activity
                            will not result in significant impacts to areas of
                            historic and archaeological significance;

                              (10) demonstrate that the alteration or activity
                            will not result in significant conflicts with
                            water-dependent uses and activities such as
                            recreational     boating,     fishing,     swimming,
                            navigation, and commerce, and;




                            Original Edition                                      Page I                                        Section 300.1






                                                                          Rhode Island Coastal Resources Management Prognwn

                              Section 300.2.                                               C. Standards
                              Filling, Removing, or Grading                                  1. The following standards apply in all cases
                              of Shoreline Features                                        where filling, removal, or grading is undertaken:
                              A. Definitions                                                     (a) Fill slopes shall have a maximum grade
                                                                                                 of 30 percent.
                                1. Filling is the deposition of materials of upland              (b) All excess excavated materials, excess
                              origin onto shoreline features or their contiguous                 fill, excess construction materials, and debris
                              areas (see Section 300.9 for inland disposal of                    shall be removed from the site and shall not
                              dredged materials).                                                be disposed in tidal waters or on a coastal
                                2. Removing is      the process of taking away,                  feature.
                              including excavation, blasting, or mining, any                     (c) Disturbed uplands adjacent to a
                              portion of a shoreline or its contiguous area.                     construction site shall be graded and re-
                                3. Grading is the process whereby fill or the                    vegetated or otherwise stabilized to prevent
                              soils of a shoreline or its contiguous area are                    erosion during        or immediately          after
                              redistributed or leveled.                                          construction.
                                Established agricultural practices in areas                      (d) Removal or placement of sediments
                              contiguous to shoreline features are excluded from                 along jetties or groins may be permitted only
                              this section.                                                      as part of an approved dredging or beach
                                                                                                 nourishment project (see Section 300.9).
                                Filling, removing, or grading activities shall be                (e)    All fill shall be clean and free of
                              reviewed at the Category B level when (a) the                      materials which may cause pollution of tidal
                              filling or removing involves more than 2,000 cubic                 waters.
                              yards of material, (b) the affected area is greater
                              than one acre, or (c) the affected area is a                       (f) Cutting into rather than filling out over a
                              designated historic area or archaeologically                       coastal bank is the preferred method of
                              sensitive site.                                                    changing upland slopes.

                                                                                             2. The following upland and shoreline earthwork
                              B. Prohibitions                                              standards shall be required in those cases where
                                                                                           the Council determines that additional measures
                                1. Filling, removing, or grading is prohibited on          are warranted in order to protect the environment
                              beaches, dunes, undeveloped barrier beaches,                 of the coastal region. Such requirements shall be
                              coastal wetlands, cliffs and banks, and rocky                listed on Assents as stipulations.
                              shores adjacent to Type I and 2 waters unless the
                              primary purpose of the alteration is to preserve or                (a) For Earthwork on shoreline features:
                              enhance the feature as a conservation area or
                              natural buffer against storms.                                         (1) Prior to initiation of construction, the
                                                                                                     contractor shall meet on-site with the
                                2. Filling, removing, or        grading on coastal                   CRMC staff to discuss and clarify the
                              wetlands is prohibited adjacent to Type 1 and 2                        conditions of the permit.
                              waters, and in coastal wetlands designated for
                              preservation adjacent to Type 3, 4, 5 and 6 waters,                    (2) A re-vegetation plan shall be submitted
                              unless    a    consequence       of    an      approved                for review and approval when construction
                              mosquito-control ditching project (Section 300.12).                    is undertaken on a barrier beach. This
                                                                                                     plan shall describe plant material, methods
                                3. On-site beach materials (cobbles, sand, etc.)                     of planting, time of planting, soil
                              may not be used as construction material.                              amendments, and maintenance.
                                4. Mining is prohibited on coastal features.                         (3) Construction materials and excavated
                                                                                                     soils shall not be placed or stored on any



                              Original Edition                                        Page 1                                          Section 300.2






                                                                         Rhode Island Coastid Resources Management Program

                                      shoreline feature excepting developed                        and re-vegetated with a thick rooting brush
                                      barrier beaches and marimade shorelines.                     vegetation. Mulch shall be applied as
                                                                                                   necessary to provide protection against
                                      (4) All disturbed soils shall be graded                      erosion until the vegetation is established.
                                      smooth to a maximum 3:1 slope and re-
                                      vegetated immediately after construction,                    (4)    Construction shall be timed to
                                      or temporarily stabilized with mulch, jute                   accommodate stream and/or runoff flow
                                      matting, or similar means until seasonal                     and not allow flows over exposed, un-
                                      conditions permit such re-vegetation.                        stabilized soils, or into or through the
                                                                                                   excavation. Flows shall not be restricted
                                      (5) In sensitive areas, work shall be                        in such a manner that flooding or
                                      carried out from areas above slope from                      inhibition or normal flushing occurs.
                                      coastal features.         Machinery shall
                                      normally not be allowed to operate on a                      (5) Any pumping of groundwater which
                                      coastal wetland. For unavoidable work on                     may be necessary for de-watering shall be
                                      a coastal wetland, a protective cover shall                  discharged into sediment traps consisting
                                      be deployed to minimize disturbance.                         of a minimum of staked hay bale rings
                                                                                                   enclosing crushed stone or trap rock of a
                                      (6) In instances where the CRMC permits                      size sufficient to disperse inflow velocity.
                                      temporary disturbance of a coastal feature,                  Hay bales shall be recessed 4 to 6 inches
                                      shoreline slope, buffer zone, or area of                     into the soil and maintained.
                                      beach grass, the disturbed area shall be
                                      completely restored by the owner under                       (6)    There shall be no discharge of
                                      the guidance of CRMC staff.                                  sediment-laden waters into storm drains.
                                                                                                   Storm drains shall be surrounded by
                                      (7) Concrete structures which will come                      staked hay bales to intercept sediment.
                                      in contact with salt water shall be
                                      constructed with concrete which utilizes a               (c) For any disturbance of steep slopes (over
                                      Type 11 or Type V air-entraining Portland                15 percent):
                                      cement or an equivalent that is resistant to
                                      sulfate attacks of seawater.                                 (1) Where such construction is allowed,
                                                                                                   the following shall be observed: (1) no fill
                                   (b) For upland earthwork, measures shall be                     shall be allowed on the slope; (2)
                                   taken to minimize erosion:                                      excavation shall be kept to an absolute
                                                                                                   minimum; and (3) vegetative cover on the
                                      (1) A line of staked hay bales or other                      slope shall be permanently maintained to
                                      erosion-preventing devices (including                        the maximum extent physically possible.
                                      diversion ditches, check dams, holding
                                      ponds, filter barrier fabric, jute or straw                  (2) Where the potential for damage to a
                                      mulch) shall be placed at the downslope                      slope exists from runoff, staked hay bales,
                                      perimeter of the proposed area of                            berms, or similar diversions shall be
                                      construction prior to any grading, filling,                  placed at the top and toe of the slope.
                                      construction, or other earthwork. Hay                        Collected     water    shall    be     suitably
                                      bales shall be toed in to a depth of 3 to 4                  discharged through properly constructed
                                      inches, and maintained by replacing bales                    drains or swales.       Wherever possible,
                                      where necessary until permanent re-                          drainage swales shall be constructed along
                                      vegetation of the site is completed. No                      and adjacent to property lines so as to
                                      soils or other materials should pass beyond                  avoid drainage onto adjacent properties.
                                      the bale line.                                               Swales shall be capable of handling runoff
                                                                                                   from a 10-year-rainfall occurrence.
                                      (2) All slopes shall be returned to the
                                      original grade unless otherwise specified.                   (3) For excavations on slopes or directly
                                                                                                   adjacent to coastal features, the excavated
                                      (3) Where natural or manmade slopes are                      materials shall be cast upslope of the
                                      or have become susceptible to erosion, the                   trench or excavation so as to minimize
                                      slopes shall be graded to a suitable slope                   downslope runoff of sediment.



                             Original Edition                                        Page 2                                         Section 300.2






                                                                  Rhode Island Coastal Resources Management Program

                                  (4) Pedestrian access over steep shoreline
                                  slopes and banks shall be in the form of
                                  field stone or similar stabilized paths or
                                  elevated stairs. Access over bluffs shall
                                  be with elevated stairs only.

























































                          Original Edition                                  Page 3                                     Section 300.2






                                                                         Rhode Island Coastal Resources Management Program

                             Section 300.3.                                               activities conform to the local zoning ordinance, or
                             Residential, Commercial, Industrial,                         that if relief from an ordinance is required that it
                                                                                          has been obtained and that the decision authorizing
                             and Recreational Structures                                  the appropriate relief is final.

                                                                                            This letter must be submitted to the CRMC with
                             A. Definitions                                               the application.
                                1. Residential buildings include houses, and                2. Applicants proposing new construction and/or
                             other structures as defined as a building in Section         alterations to existing structures shall demonstrate
                             R-115 of the Council of American Building                    that all applicable requirements of the RISBC
                             Officials (CABO) Building Code, and the pertinent            including those pertaining to construction within
                             sections thereto which are used primarily for                flood hazard zones will be met.
                             human habitation which are built on a shoreline
                             feature or its contiguous area.                                This demonstration shall be made by submitting
                                                                                          to the CRMC at the time of application a building
                                2. Commercial and industrial structures and               official's form properly completed and signed by
                             operations on a shoreline feature, its contiguous            the local building official.
                             area, or within tidal waters include all buildings
                             and alterations to such features related to the                3. Applicants proposing to build, repair or alter
                             manufacturing and interchange of goods or                    an individual sewage disposal system (ISDS) shall
                             commodities, or any other business activity.                 obtain a permit from the Department of
                                                                                          Environmental Management and shall submit to the
                                3. Recreational structures include pavilions,             CRMC copies of the approved application and the
                             decks, and other structures constructed for                  approved plans. The plan submitted must bear a
                             recreational purposes on a shoreline feature, its            DEM/ISDS approval stamp.
                             contiguous area, or in tidal waters.
                                                                                            4. Persons proposing activities that may impact
                                4. Associated residential structures including but        the function of an existing ISDS and which by the
                             not limited to decks, porches, walls, boardwalks,            rules and regulations of the Department of
                             swimming pools, roads, driveways, and shall in-              Environmental Management requires the issuance
                             clude other structures integral to or ancillary to a         of a permit, shall obtain the necessary permits and
                             residential building including minor grading, filling        submit copies of these permits to the CRMC at the
                             or excavation typically 10 cubic yards or less.              time of application.

                                                                                            5. Applicants for industrial, commercial and
                             B. Policies                                                  recreational structures shall demonstrate that all
                                                                                          state safety codes, fire codes, and environmental
                                1. It shall be the policy of the Council to               requirements have or will be met.
                             undertake all appropriate actions to prevent,
                             minimize or mitigate the risks of storm damage to              6. Applicants shall demonstrate that connections
                             property and coastal resources, endangerment of              to public water supplies and sewer systems shall be
                             lives and the public burden of post-storm disaster           authorized by the appropriate authorities when:
                             assistance consistent with policies of the State of
                             Rhode Island as contained in the Hazard Mitigation             a) such connections are proposed by the
                             Plan element of the State Guide Plan when                      applicant;
                             considering applications for the construction of
                             residential, commercial, industrial and recreational           b) where on-site water withdrawal and/or
                             structures, including utilities such as gas, water             sewage disposal will have a significant adverse
                             and sewer lines, in high hazard areas.                         environmental or public health impact.

                                                                                            7. Applicants for commercial, industrial, and
                             C. Prerequisites                                             recreational structures shall demonstrate that
                                                                                          adequate transportation and utility services to
                                1. Applicants proposing new construction and/or           support the proposed operations and related
                             alterations to existing structures shall obtain a letter     activities are available.
                             from the local authorities certifying that proposed


                             Original Edition                                        Page 1                                         Section 300.3






                                                                       Rhode Island Coastal Resources Management Program


                            D. Prohibitions                                            F. Flood Zone Construction

                              1. Industrial operations and structures are                In many instances lands under the jurisdiction of
                            prohibited in Type I and 2 waters or on shoreline          the CRMC are by virtue of their topographic
                            features abutting these waters.                            position subject to flooding.          The Federal
                                                                                       Emergency Management Agency has evaluated the
                              2. The mining and extraction of minerals,                risk of flooding and has established 100 year return
                            including sand and gravel, from tidal waters and           frequency elevations of the flood waters (i.e. the
                            salt ponds is prohibited. This prohibition does not        Base Flood Elevation, (BFE) for all of the State's
                            apply to dredging for navigation purposes, channel         coastal communities. The approximate limits of
                            maintenance, habitat restoration, or beach                 the flood zones and the associated Base Flood
                            replenishment.                                             Elevations are shown on the FEMA's Flood
                                                                                       Insurance Rate Maps, which are commonly
                              3. Solid waste disposal and minerals extraction          available at each communities building official's
                            is prohibited on shoreline features and their              office.
                            contiguous areas.
                                                                                         In recognition that structures located within
                              4.   The use of fill for structural support of           Flood Hazard Zones must be designed to meet
                            buildings in flood hazard V zones is prohibited.           more severe conditions than those not, the Rhode
                                                                                       Island State Building Code, (RISBC) contains
                              5. See Section 110 (specifically Table IA) for a         specific requirements for flood zone construction.
                            listing of additional prohibitions.                        (Reference RISBC-8)

                                                                                         The CRMC requires all applicants proposing
                            E. Standards                                               construction within flood hazard zones to
                                                                                       demonstrate that all applicable portions of the
                              1. General:                                              RISBC and more specifically RISBC-8 are to be
                                                                                       met.
                                 (a) See      standards given in "Filling,
                                 Removing, or Grading of Shoreline Features"             This demonstration shall be made by submitting
                                 (Section 300.2), as applicable.                       to the CRMC at the time of application a building
                                                                                       official's form properly completed and signed by
                                 (b) See standards given in "Sewage                    the local building official.
                                 Treatment and Disposal" (Section 300.6), as
                                 applicable.
                                                                                       G. Guidelines for Construction in Flood
                                 (c) Commercial and Industrial docks,                  Hazard Zones
                                 wharves and piers shall be designed and
                                 certified by a registered professional                  In addition to the requirements of the RISBC, the
                                 engineer.                                             CRMC suggests that applicants incorporate the
                                                                                       following items into their proposed designs:
                              2. Residential, commercial, industrial, and
                            recreational buildings:                                      1. For construction in wave velocity (V) zones
                                 (a) Excavation and grading shall be restricted        as defined by Federal Flood Insurance Rate Maps:
                                 to those activities and areas necessary for the         (a) If timber pilings are used, they should meet
                                 construction     of the       building     and/or       the American Society for Testing and Materials
                                 appurtenant structures (see Section 300.2).             (ASTM) standards for Class B piles and shall
                                                                                         have a minimum tip diameter of 8 inches.
                                 (b) Applicants shall be required to reduce the          Wooden pilings should be treated with a wood
                                 inflow of pollutants carried by surface runoff          preservative.       Bracing between piles is
                                 in accordance with the policies and standards           recommended.
                                 contained in Section 300.6 and as detailed in
                                 the most recent version of the Rhode Island             (b)    Pilings in   ocean fronting areas should
                                 Stormwater Design and Installation Standards            penetrate no less   than 10 feet below mean sea
                                 Manual.                                                 level.



                            Original Edition                                     Page 2                                         Section 300.3






                                                                       Rhode Island Coastal Resources Management Program

                              (c) Floor joists should be secured with hurricane
                              clips where each joist encounters a floor beam.
                              These metal fasteners or straps should be nailed
                              on the joist as well as on the beam.

                              (d) To secure the exterior wall to the floor
                              joists, galvanized metal strap connections should
                              be used connecting the exterior wall studs to the
                              joists.

                              (e) Roof trusses or rafters should be connected
                              to the exterior wall with galvanized metal straps.

                              2. For construction in coastal stillwater (A)
                            Flood Zones.

                              (a) Items a, b, c, d, e as listed for V zone
                              construction should, if applicable, be employed.

                              (b) Parallel concrete walls or pilings rather than
                              fill should be used to elevate habitable residential
                              structures when six (6) feet or more clearance
                              exists between the existing grade and the flood
                              plain elevation.

                                 In areas subject to minimal wave action in a
                              100-year       storm      event,      discontinuous
                              reinforced-concrete foundation walls which
                              allow sufficient free flow of flood waters may be
                              substituted for parallel concrete walls or pilings.





























                            Original Edition                                      Page 3                                        Section 300.3






                                                                       Rhode Island Coastal Resources Management Program

                            Section 300.4.                                             navigational aids and marine boating safety, and
                            Recreational Boating Facilities                            that these responsibilities are complemented by the
                                                                                       Department of Environmental Management, local
                            A. Definitions                                             harbormasters, and public boating service
                                                                                       organizations such as the Coast Guard Auxiliary.
                              Recreational boating facilities include marinas,            4. The Council requires municipalities preparing
                            launching ramps, residential boating facilities,           to   implement harbor          management rules,
                            recreational wharves, piers and slips, floats or           regulations and/or programs relating to activities
                            floating docks, and recreational mooring areas.            and structures in tidal waters to apply for a
                                                                                       determination of consistency with the Coastal
                              1. Marina: any dock, pier, wharf, float, floating        Resources Management Program to assure
                            business, or combination of such facilities that           conformance between such rules, regulations
                            service five or more recreational boats as a com-          and/or programs and the Coastal Resources
                            mercial enterprise or in association with a club.          Management Program, the Guidelines for the
                                                                                       Development of Municipal Harbor Management
                              2. Launching ramp: a manmade or natural                  Plans and the General Laws of the State of Rhode
                            facility used for the launching and retrieval of           island (see Section 300.15).
                            boats.
                                                                                          5.    All persons proposing condominium,
                              3. Residential boating facility: a dock, pier,           dockominium, or other forms of ownership or
                            wharf, or float, or combination of such facilities,        operation of recreational boating facilities
                            contiguous to a private residence, condominium,            involving multiple, cooperative, condominium or
                            cooperative or other home owners association pro-          fee simple interests in ownership or operation shall
                            perties that may accommodate up to four (4) boats.         submit a prospectus of such proposals to the
                                                                                       CRMC for review of consistency with the state of
                              4. Recreational mooring area: any designated             Rhode Island's public trust responsibilities,
                            area managed by a commercial enterprise, a club,           Chapter 46-23 of the General Laws of Rhode
                            city, or town where five or more recreational craft        island, and the Rhode Island Coastal Resources
                            are kept at moorings.                                      Management Program
                                                                                          6. Repair or reconstruction of all structures that
                            B. Policies                                                are physically destroyed 50% or more by wind,
                                                                                       storm surge, waves or other coastal processes shall
                              1. The Council encourages marinas to utilize             require a new Council Assent. Such activities
                            techniques that make the most efficient use of             requiring a new Council Assent shall be reviewed
                            space and increased demands for moorage,                   according to the most current applicable
                            dockage, and storage space by considering dry              programmatic requirements of the Coastal
                            stack storage, innovative slip and mooring                 Resources Management Program, its Special Area
                            configurations, and the like.                              Management Plans, and/or any other appropriate
                              2. In order to limit the cumulative impacts of           CRMC-approved management plan.
                            many individual residential boating facilities, the           7. All residential boating facilities are required
                            Council encourages the construction of facilities          to be registered by and with the Council and have
                            that service a number of users. It is the policy of        posted on them a registration plate and number
                            the Council to manage the siting and construction          issued by the Council. Applicants for residential
                            of recreational boating facilities within the public       boating facilities are referred to the Council's
                            tidal waters of the state to prevent congestion, and       Dock Registration Program for additional detailed
                            with due regard for the capability of coastal areas        standards of this policy and program.
                            to support boating, and the degree of compatibility
                            with other uses and ecological considerations. The            8. The Council shall require persons proposing
                            Council shall require that a residential structure be      to construct new marina facilities or proposing to
                            contiguous to any shoreline site for a proposed            significantly expand existing marina facilities to
                            residential boating facility.                              undertake measures that mitigate the adverse
                                                                                       impacts to water quality associated with the
                              3. The Council recognizes that the United States         proposed activity.
                            Coast Guard has primary authority over


                            Original Edition                                       Page I                                       Section 300.4






                                                                       Rhode Island Coastal Resources Management Program

                              9. All recreational boating facilities shall be         land surveyor, or architect that designates the area
                           designed and constructed to adequately withstand           of tidal water that will be incorporated within the
                           appropriate environmental conditions present at the        marina.
                           site.
                                                                                         4. (a) All applications for recreational boating
                              10. All recreational boating facilities shall be de-    facilities shall be initially reviewed by the
                           signed and constructed in a manner which does not          Executive Director or his designee. The Executive
                           impede or detract from and whenever practicable            Director may refer any such application to the
                           promotes public access along and to the shore.             Council for a hearing if based upon the application
                                                                                      on its face a determination is made that the
                              11. The construction of marinas, docks, piers,          proposed activity warrants a Council hearing.
                           floats and other recreational boating facilities
                           located on tidal lands or waters constitutes a use of         (b) All such applications not referred to the
                           Rhode Island's public trust resources. Due to the             Council for hearing under a) above shall be
                           CRMC's legislative mandate to manage Rhode                    referred to the subcommittee on recreational
                           Island's public trust resources for this and                  boating facilities which shall consist of at least
                           subsequent generations, the Council must assess all           three (3) Council members appointed by the
                           proposed uses of public trust lands or waters on a            Chairman. The Chairman shall also appoint a
                           case by case basis, examine reasonable alternatives           Chairman of the subcommittee.
                           to the proposed activity, and ensure that public's
                           interests in the public trust resources are protected.        (c) The subcommittee on recreational boating
                           In assessing a proposed recreational boating                  facilities shall, based upon the application and
                           facility, the Council shall evaluate the following:           staff reports, make a determination that the
                           a) the appropriateness of the structure given the             application meets all the criteria as set out in
                           activities potential to impact Rhode Island's coastal         Section 300.4.E.3 above and any other
                           resources; b) the appropriateness of the structure            applicable Council policy or procedures. If a
                           given geologic site conditions; c) the potential              determination is made that all the above criteria
                           impacts of the structure and use of the structure on          are met within thirty (30) days of the submission
                           public trust resources (e.g., fin fish, shellfish,            of the file by the staff to the subcommittee
                           submerged aquatic vegetation, etc.);           d) the         chairman that the file is complete, the application
                           potential navigation impacts of the structure and             shall be processed as a Category A application.
                           associated use of the structure; e) the potential
                           aesthetic and scenic impacts associated with the              (d) If a determination is made by the
                           structure; and f) the cumulative impacts associated           subcommittee that all of the above criteria are
                           with the increased density of existing recreational           not met then the subcommittee shall refer the
                           boating facilities in the vicinity of the proposed            matter to staff as a Category B application.
                           project. In considering these factors, the Council
                           shall weigh the benefits of the proposed activity             (e) The subcommittee shall have the authority to
                           against its potential impacts while ensuring that it          consider and act upon variance requests to
                           does not cause an adverse impact on other existing            certain standards of this section pertaining to
                           uses of Rhode Island's public trust resources.                residential boating facilities. The subcommittee
                                                                                         shall utilize the criteria and requirements of
                                                                                         Section 120 of this program in its evaluation of
                           C. Prerequisites                                              variance requests. Variances may be granted by
                                                                                         the subcommittee to the standards listed in
                              1. Persons proposing to establish a new marina             subsection (f) below only; variance requests to
                           will be required to concurrently obtain a permit              other standards of this section, or to other
                           from the Army Corps of Engineers.                             appropriate and relevant sections of the CRMP
                                                                                         must be made to the full Council. Variances
                              2. Persons proposing to establish a recreational           shall not be considered by the subcommittee if
                           mooring area are required to concurrently obtain              there is a substantive objection, in accordance
                           a permit from the Army Corps of Engineers.                    with Section 130, to the application.

                              3. An application for a Council Assent for a               (f) Variances may be granted to all of the
                           marina and/or mooring area will include a map                 standards contained in Section 300.4.E.3 and
      is                   prepared and stamped by a professional engineer,              Section 200.2.C.3 provided engineering,

                           Original Edition                                      Page 2                                        Section 300.4






                                                                       Rhode Island Coastal Resources Management Nogram

                              biological and other appropriate concerns have             5. The discharge of sanitary wastes into tidal
                              been addressed except for the following: i) the          waters from devices other than those approved by
                              subcommittee may not grant a variance to                 the United States Coast Guard is prohibited.
                              Section 300.4.E.3.j; ii) the subcommittee may
                              only grant a variance to within 18 inches of the
                              marsh grade standard (Section 300.4.E.3.f)               E. Standards
                              provided engineering, biological, and other
                              appropriate concerns are met; and iii) the               1. For marinas:
                              subcommittee may only grant a variance for the
                              extension of a recreational boating facility out to        (a) Sufficient sanitary facilities shall be provided
                              75 feet beyond MLW or up to a 50% increase                 to service the patrons of the marina.
                              beyond     the    50   foot standard        (Section
                              300.4.E.3.k) provided engineering, biological,             (b) Sufficient parking shall be provided for the
                              and other appropriate concerns are met.                    patrons of the marina. A standard of 300 square
                                                                                         feet is required for each parking space; the
                                                                                         minimum requirements for the total number of
                            D. Prohibitions                                              parking spaces provided is one space for each
                                                                                         1.5 boats and one space for each 1.2 employees.
                              1. The building of new marinas in Type I and 2
                            waters is prohibited.                                        (c) Discharge of sanitary wastes to tidal waters
                                                                                         from boats using the facility by devices other
                              2. The building of new residential docks, piers,           than those approved by the United States Coast
                            and wharfs in Type I waters is prohibited. This              Guard is prohibited.
                            prohibition shall not apply to structures previously
                            assented by the Rhode Island Department of                   (d) A Council Assent for a marina permits the
                            Harbors and Rivers, the Army Corps of                        marina operator to undertake minor repairs and
                            Engineers, or the CRMC. Additionally, in those               alterations of approved facilities without further
                            instances where an applicant can not produce a               review, where such repairs or activities will not
                            previous assent but can demonstrate by clear and             alter the assented design, capacity, purpose or
                            convincing evidence that a residential dock in Type          use of the marina. For the purposes of this
                            I Waters pre-existed the formation of the Council,           section, the assented design, capacity, purpose or
                            the Council may grant a Temporary Dock Permit                use of the marina shall be those characteristics
                            issued in accordance with the CRMC's Dock                    associated with the physical configuration or
                            Registration Program, which permit shall expire at           construction, numbers of vessels accommodated
                            the end of the useful life of the structure, or ten          at in-water facilities, and nature of operation as
                            (10) years, whichever occurs first, and at which             defined in the original Council Assent,
                            time said structure must then be removed.                    respectively. Minor repairs and alterations to in-
                                                                                         water facilities shall include repair or
                              Any assent granted pursuant to this section shall          replacement of dock decking or planks,
                            be recorded in the land evidence records and is              replacing pilings, extensions of slips and/or
                            transferable to a subsequent owner or purchaser of           finger piers within the perimeter and capacity of
                            the subject property, provided however, that all             the marina as defined within the original Assent,
                            assent conditions are adhered to and the dock is             or as established in paragraph (f) of this section,
                            removed at the termination of assent.                        and other activities of a similar and non-
                                                                                         substafitial nature. Minor repairs and alterations
                              3. The unloading of catches by          commercial         to upland facilities may take place upon Council
                            fishing vessels at residential boating facilities is         approval of an operations and maintenance plan
                            prohibited.                                                  as identified below at (k) and shall include
                                                                                         grading of parking and launch ramp areas,
                              4. The building of structures that are integral to         grouting of seawalls, plumbing and electricial
                            or ancillary to a residential boating facility,              work, maintenance of sidewalks, fences, and
                            including but not limited to gazebos, boat lifts,            walkways, flagpole installations, landscaping,
                            launching ramps, boat houses, and storage sheds is           signage; and other activities of a similar and
                            prohibited. However, the construction of boat lifts          non-substantial nature.       Minor repairs and
                            and launching ramps may be allowed in Type 3, 5,             alterations shall not be construed to include
                            and 6 waters.                                                maintenance dredging, alterations, repairs or


                            Original Edition                                      Page 3                                        Section 300.4






                                                                            Rhode Island Coastal Resources Management Program

                                 expansion of shoreline protection facilities,                  as of September 30, 1971, or subsequently
                                 bulkheads, or breakwaters or other activities                  assented structures.
                                 subject to review under other relevant sections of
                                 this program. All minor repairs and alterations                (g)    Proposals      for     the    alteration      or
                                 shall take place within the assented design of the             reconfiguration of in-water facilities such as
                                 marina, or marina perimeter as defined in the                  piers and/or mooring areas shall be reviewed in
                                 original Council Assent or as established in                   the following manner:
                                 accordance with paragraph (f) of this section.
                                                                                                   i) Alterations to the layout or configuration
                                 (e) In those instances where the minor repair or                  of in-water facilities which do not increase
                                 alteration would require the use of heavy                         the number of boats accommodated shall
                                 machinery (such as a pile driver or grader), the                  obtain a Certification of Maintenance in
                                 Council shall be notified in writing at least 10                  accordance with the requirements of Section
                                 working days prior to undertaking the work.                       300.14;
                                 Notice of repair activities requiring the use of
                                 heavy machinery shall include the following:                      ii) Alterations which propose to increase the
                                                                                                   number of boats that may be accommodated
                                    i) A statement that the notice is given                        at the in-water facilities of the marina within
                                    pursuant to Section 300A.E. Le;                                25% of the capacity of the marina as defined
                                                                                                   in the original Council Assent, and do not
                                    ii) A description of the proposed repair or                    propose to extend the facility beyond the
                                    alteration to be performed including a                         defined perimeters (established pursuant to
                                    statement as to the size and type of materials                 the original Council Assent or paragraph (f))
                                    to be used;                                                    shall be reviewed as Category A applications.
                                                                                                   The Council's review shall establish that the
                                    iii) A copy of the original Council Assent or                  alterations and/or expansion meet the 25%
                                    Division of Harbors and Rivers permit under                    standard, and that the Council's standards for
                                    which the proposed repair or alteration is to                  parking and sanitary facilities are met.
                                    be performed;                                                  iii) Alterations which propose to increase the
                                    iv) A copy of the site plan from the original                  numbers of vessels accommodated at the
                                    Council Assent showing the location of the                     in-water facilities beyond 25 % of the capacity
                                    proposed repair or alteration;                                 as defined in the original Council Assent,
                                                                                                   and/or extend the facility beyond the defined
                                    v) The name of the person on-site responsible                  perimeters, or alter the purpose of the facility
                                    for supervising the proposed repair or                         shall be reviewed as a Category B
                                    alteration;                                                    application.

                                    vi)    The anticipated dates on which the                   (h) Any alterations to mooring areas shall be
                                    proposed repair or alteration shall commence                consistent with any CRMC approved municipal
                                    and be completed.                                           harbor management rules, regulations or
                                                                                                programs, as defined in Section 300.15 of this
                                 (f) All marinas and/or mooring areas shall have                program.
                                 a defined perimeter for in-water facilities, which
                                 shall describe and limit that area in which the                (i) All new marina facilities shall be required to
                                 repair or alteration activities described in                   install a marine pumpout facility. Any expansion
                                 paragraphs (d), (e) & (g) may take place. In                   or alteration of an existing marina facility that
                                 cases where the boundaries of the water area                   results in greater than or equal to 50 new slips
                                 have not been designated, the Council shall                    shall be required to install a marine pumpout
                                 define the water area (perimeter) within which                 facility.   Any expansion or alteration of an
                                 alterations and repair activities may take place,              existing marina facility which proposes to
                                 prior to the commencement of any such                          increase the number of vessels accommodated at
                                 activities. Operators of marinas may apply to                  the in-water facilities beyond 25% of the
                                 the Council for definition and establishment of                capacity as defined in the original Council
                                 this perimeter at any time. Perimeters shall be                Assent shall be required to undertake mitigative
                                 defined on the basis of in-water facilities in place           measures. If 25% of the capacity as defined in



                              Original Edition                                          Page 4                                           Section 300.4






                                                                       Rhode Island Coastal Resources Management Program

                           the original Council Assent is greater than or equal          shall extend a minimum of 3 feet beyond
                           to 50 slips, then a marine pumpout facility shall be          extreme low water. Single-lane ramp width
                           required. If 25% of the capacity as defined in the            shall not be less than 15 feet.
                           original Council Assent is less than 50 slips, then
                           the Council shall require either the installation of          (c) Where a form of pavement is necessary in
                           a marine pumpout facility or other suitable                   areas of unconsolidated sediment, ramps will be
                           mitigation measures.                                          constructed using 6 inch by 6 inch or equivalent
                                                                                         by a maximum of 15 feet reinforced concrete
                                 If the applicant can demonstrate that there are         ties, connected with galvanized steel rods placed
                              already enough marine pumpout facilities to                perpendicular to the slope of the ramp, and
                              serve all of the recreational boating facilities           packed within the underlain by 6 inches of
                              found in the region, then the Council may waive            crushed stone. Concrete ties shall utilize an
                              the requirement for a marine pumpout facility              air-entraining, Type 11 or Type V Portland
                              and require alternative n-ftigative measures.              cement, or an equivalent sulfate-resistant
                                                                                         substitute.
                                 All marine pumpout facilities shall            be
                              designed in a manner that serves the boating               (d) Side slopes of the ramp (above water line)
                              public. In addition, all marine pumpout facilities         shall be constructed of sloped riprap or, if the
                              that are required by the Council to mitigate the           slope permits, vegetated.
                              adverse impacts to water quality associated with
                              recreational boating shall be open for the general         (e) See Section 300.2, "Filling, Removing, or
                              public's use. However, marina operators may                Grading of Shoreline Features," and Section
                              charge a fair and nondiscriminatory fee to cover           300.7, "Construction of Shoreline Protection
                              the cost of constructing and operating these               Facilities.
                              facilities.
                                                                                      3. For residential docks, piers, and floats:
                                  All new marina facilities shall meet the
                              setback policies and standards contained in                (a) Applications for all residential recreational
                              municipal harbor management plans and/or                   boating facilities shall indicate all work
                              harbor ordinances approved by the Council.                 associated with access to these structures; a
                              However, in all cases marina facilities shall be           bottom survey showing water-depth contour lines
                              setback at least 50 feet from approved mooring             and sediment types along the length of the
                              fields and three times the authorized project              proposed structure shall also be provided and
                              depth from federal navigation projects (e.g.               certified by a registered professional engineer.
                              navigation channels and anchorage areas).                  All pathways, boardwalks, and cutting or filling
                                                                                         of coastal features shall be specified. All such
                              (k) All new marinas and significant expansions             work shall be in accordance with applicable
                              of marinas and/or mooring areas shall have an              standards for "Filling, Removing, or Grading"
                              approved operations and maintenance program                (Section 300.2) and "Residential, Commercial,
                              for upland facilities, prepared in accordance with         Industrial, and Public Recreational Structures"
                              the most recent edition of the Environmental               (Section 300.3).
                              Guidefor Marinas.- Controlling Nonpoint Source
                              and Stormwater Pollution in Rhode Island.                  (b) Fixed structures which are for pedestrian
                                                                                         access only shall be capable of supporting 40
                           2. For launching ramps:                                       pounds per square foot live load as well as their
                                                                                         own dead weight; floating structures shall be
                              (a) Ramps shall be constructed at an angle no              capable of supporting a uniform 20 pounds per
                              greater than 15 percent from the horizontal.               square foot live load, or a concentrated load of
                              Where upland modification is necessary, the                400 pounds. A written certification by the
                              slope will be created, where possible, by cutting          designer that the structure is designed to support
                              back into the upland, rather than by placing fill          the above design loads shall be included with the
                              on a shoreline feature.          Ramps shall be            application.
                              approximately even with beach grade.
                                                                                         (c) No creosote shall be applied to any portion
                              (b) Ramps shall extend a sufficient distance               of the structure.
                              inland to prevent washout at the inland edge and



                           Original Edition                                       Page 5                                        Section 300.4






                                                                       Rhode Island Coastal Resources Management Program

                              (d) A dock, floating dock or pier width shall be            (1) All residential docks, piers, and floats shall
                              a maximum of 4 feet; terminal float size shall              meet the setback policies and standards contained
                              not exceed 150 square feet per recreational                 in municipal harbor management plans and/or
                              boating facility.                                           harbor ordinances approved by the Council.
                                                                                          However, in all cases residential docks, piers,
                              (e) Flotation devices shall be securely contained.          and floats shall be setback at least 50 feet from
                                                                                          approved mooring fields and three times the
                              (f) Where possible, piers shall span coastal                U.S. Army Corps or Engineer's authorized
                              wetlands; when pilings are placed within coastal            project depth from federal navigation projects
                              wetlands, only the immediate area of piling                 (e.g. navigation channels and anchorage areas).
                              penetration may be disturbed. The stringers
                              shall be located at least 3 1/2 feet above the              (m) No sewage, refuse, or waste of any kind
                              grade of the coastal wetland. Construction in a             may be discharged from the facility or from any
                              coastal wetland shall be accomplished by                    vessel utilizing it.
                              working out from completed sections.              No
                              construction equipment shall traverse the wetland           (n) A Council Assent for a residential boating
                              while the facility is being built.                          facility permits the owner to undertake minor
                                                                                          repairs of approved facilities without further
                              (g) Owners are required to maintain their                   review, where such repairs will not alter the
                              facilities in good working condition. Facilities            assented and/or permitted design, capacity,
                              may not be abandoned. The owner shall remove                purpose or use of the facility. For the purposes
                              from tidal waters and coastal features any                  of this section, minor repairs shall include the
                              structure or portions of structures which are de-           repair or replacement of dock decking or planks,
                              stroyed in any natural or man-induced manner.               hand railings and support, and other activities of
                                                                                          a similar and non-substantial nature. Minor
                              (h) Float ramps and other marine appurtenances              repairs do not include alterations to the approved
                              or equipment shall not be stored on a coastal               design of the facility, expansion of the facility,
                              wetland, shoreline embankment, or in any area               or work requiring the use of heavy machinery
                              designated as a buffer zone.                                (such as a pile driver); these activities require
                                                                                          that a Certification of Maintenance be obtained
                              (i) The use of cribs for structural support shall           from the Council in accordance with Section
                              be avoided. The use of cribs as support in tidal            300.14. Residential boating facilities shall be in
                              waters may be permitted given certain                       continuous and uninterrupted use to meet this
                              environmental design considerations, however,               standard, in accordance with permit conditions.
                              in these instances the size and square footage
                              shall be minimized and the structure can not pose           (o) Materials used for the construction of
                              a hazard to navigation.          When cribs are             residential boating facilities shall be limited to
                              permitted for structural support, they must be              timber. This requirement does not apply to float
                              removed when the useful life of the structure has           restraint piles or ramps used in the construction
                              ceased (e.g. the structure is no longer used as a           of floating docks. This requirement also does
                              means of accessing tidal waters).                           not pertain to timber connection hardware.
                                                                                          Alternate materials may be utilized in the
                              0) Residential boating facilities shall not intrude         construction of floating docks.
                              into the area within 25 feet of an extension of
                              abutting property lines unless (1) it is to be              (p) The surface of the dock, pier and float shall
                              common structure for two or more adjoining                  be designed in a manner which provides safe
                              owners, concurrently applying or (2) a letter or            traction and allows for the appropriate drainage
                              letters of no objection from the affected owner             of water.
                              or owners are forwarded to the CRMC with the
                              application.                                                (q) Geologic site conditions shall exist which are
                                                                                          appropriate for structural support.
                              (k) Residential boating facilities shall not extend
                              beyond that point which is (1) 25 percent of the
                              distance to the opposite shore (measured from
                              mean low water), or (2) 50 feet seaward of mean
                              low water, whichever is the lesser.



                            Original Edition                                       Page 6                                       Section 300.4






                                                                       Rhode Island Coastal Resources Management Progrant

                            Section 300.5.
                            Mooring and Anchoring of                                   D. Additional Category B Requirements.
                            Houseboats and Floating                                      1. Applicants for floating businesses shall (a)
                            Businesses                                                 demonstrate that there will be no significant
                                                                                       deterioration in the quality of the water in the
                                                                                       immediate vicinity; (b) demonstrate that there will
                            A. Definitions                                             be no significant conflict with such water-
                                                                                       dependent uses and activities as recreational
                               1. Houseboat; a building constructed on a raft,         boating, fishing, navigation, commerce, and
                            barge, or hull that is used primarily for single- or       aesthetic enjoyment of the waterfront; and (c)
                            multiple-family habitation; if used for trans-             demonstrate that there will be no significant
                            portation this use is secondary.                           conflict with riparian rights or harbor lines.
                               2. Floating business; a building constructed on         E. Standards
                            a raft or hull that is represented as a place of
                            business, including but not limited to waterborne             1. Applicants for either houseboats or floating
                            hotels, restaurants, marinas or marina-related             businesses shall meet all pertinent standards given
                            businesses.                                                in "Recreational Boating Facilities" (Section 300.4)
                                                                                       under standards for residential docks, piers, and
                            B. Policies                                                floats.

                               1. The Council considers that placement of                2. Houseboats and floating businesses shall tie
                            houseboats and floating businesses in tidal waters         into marina or port holding-tank pumpout facilities
                            is a low-priority use of any coastal water body and        where available.
                            is acceptable only in limited numbers and in
                            specific areas. Houseboats and floating businesses
                            are not classified as water-dependent, since it is not
                            their primary purpose to serve as a means of
                            on-water transportation or recreation.

                               2. When in transit, a houseboat or floating
                            business is considered a boat or vessel and must
                            meet all applicable state and Coast Guard standards
                            and regulations.


                            C. Prohibitions

                               1. Houseboats and floating businesses are
                            prohibited from berthing or mooring in coastal
                            ponds (in accordance with G.L.R.I., 46-22-91) and
                            in all Type I and 2 waters.

                               2. Houseboats are prohibited from mooring or
                            anchoring in all other tidal waters of the state
                            unless within the boundaries of a marina.

                               3. Floating businesses are prohibited from moor-
                            ing or anchoring in the tidal waters of the state
                            unless within the boundaries of a marina or a port.

                               4. Discharge of sanitary sewage to tidal waters
                            from houseboats or floating businesses using
                            marina or port facilities by devices other than
                            approved by the Coast Guard is prohibited.



                   Original Edition                                        Page 1                                           Section 300.5






                                                                       Rhode Island Coastal Resources Management Program

                            Section 300.6.                                               5. Stormwater runoff: that portion of
                            Treatment of                                               precipitation that does not naturally infiltrate into
                                                                                       the landscape (e.g., without human influence) but
                            Sewage and Stormwater                                      rather travels overland as surface flow. It is also
                                                                                       commonly      referred     to   as     "stormwater".
                                                                                       Stormwater runoff can be a significant contributor
                            A. Derinitions                                             of pollutants including sediments, bacteria,
                                                                                       nutrients (e.g.,     nitrogen and phosphorus),
                               I , Sewage:     The Council has adopted the             hydrocarbons (e.g., oil and grease), metals, and
                            definition of sewage set forth under Title 46,             other substances which can adversely affect water
                            Chapter 12, Section I or the General Laws, to wit:         quality and the coastal environment. In addition,
                            If , *. any human or animal excremental liquid or          significant discharges of stormwater may alter
                            substance, any decomposed animal or vegetable              salinity and thereby adversely impact the coastal
                            matter, garbage, offal, filth, waste, chemicals,           environment, especially in poorly flushed estuaries
                            acid, dyestuff, starch, coloring matter, oil and tar,      and embayments.
                            radioactive substances and any compound solution,
                            mixture or product thereof, and every substance              6. Stormwater management plan: A stormwater
                            which may be injurious to public health or                 management plan is a description of the proposed
                            comfort, or which would injuriously affect the             best management practices, detailed site plans, and
                            natural and healthy propagation, growth or                 written narrative that, when implemented, provides
                            development of any fish or shellfish in the waters         protection and restoration of receiving waters by
                            of this state, or of the nourishment of the same, or       reducing pollutant loadings and other negative
                            which would injuriously affect the flavor, taste, or       impacts associated with changes in land use (i.e.,
                            value of food of any such fish or shellfish or which       urbanization).
                            would defile said waters or injure or defile any
                            vessel, boat, wharf, pier, or any public or private          7. Large Projects: For the purposes of the
                            property upon, in or under said waters or any              stormwater management requirements contained in
                            shore thereof,                                             this section, large projects are defined as any one
                                                                                       of the following: subdivision of six (6) units or
                               For purposes of the Coastal Resources                   more; any structure serviced by an on-site sewage
                            Management Program, "sewage" is further defined            disposal system serving 2000 gallons or more per
                            to include freshwater discharges including runoff          day; any activity which results in the creation of
                            that may significantly alter the salinity of tidal         one (1) acre or more of parking facilities,
                            waters or salt ponds. The term "sewage" also               roadways, or impervious surfaces; all new roads,
                            includes discharges of heated waters.                      highways, and bridges; all improvement projects to
                                                                                       roads, highways, and bridges (excluded from these
                               2. Individual sewage disposal system (ISDS):            requirements are projects consisting only of
                            any arrangement for sanitary sewage disposal by            pavement resurfacing, minor roadway repairs, or
                            means other than discharge into a public sewer             emergency roadway and drainage repairs); any
                            system.                                                    activity which is subject to the RIPDES general
                                                                                       permit requirements for construction activities or
                               3. Point source discharges: any conveyance              industrial activities; any activity subject to Section
                            including, but not limited to, any pipe, ditch,            300.8; any activity subject to Section 300.13; and
                            channel, tunnel, conduit, container, transport             any activity subject to Section 320.
                            vehicle or vessel from which sewage is or may be
                            discharged.                                                  8. Small Projects: For the purposes of the
                                                                                       stormwater management requirements contained in
                               4. Sewage treatment plants: sewage collection           this section, small projects are defined as all new
                            and treatment facilities, including state, municipal,      development and redevelopment or modification of
                            or privately owned and operated collection,                existing commercial and industrial structures, or
                            pumping, treating, disposal or dispersion facilities       residential subdivisions of 5 units or less. In
                            designed for the treatment of sewage from                  addition, activities which are classified as
                            residences, commercial buildings, industrial plants        maintenance, and projects which receive a finding
                            and institutions, together with any groundwater,           of no significant impact (FONSI) are excluded
                            surface water, or surface runoff that may be               from these requirements.
                            present in the waste stream.



                            Original Edition                                      Page I                                        Section 300.6






                                                                          Rhode Island Coastal Resources Management Program

                             B. Policies                                                  to the maximum extent practicable, the post
                                                                                          development peak runoff rate and the average
                                1. It is the Council's policy to maintain and,            volume from 2-year, 25-year, and 100-year storm
                             where possible,        improve the quality of                events shall be maintained at pre-development
                             groundwater and tidal and salt pond surface                  levels unless: i) the applicant has obtained local or
                             waters.                                                      state approval which certifies that the existing
                                                                                          storm drain system has the capacity to
                                2. It is the Council's policy to minimize the             accommodate the additional stormwater runoff; or
                             amount of ISDS-derived nitrates and other                    ii) the stormwater runoff is conveyed, preferably
                             potential contaminants which may leach into salt             without hardened channels, non-erosive to tidal
                             ponds and all other Type 1, 2, and 3 waters.                 waters.

                                3. Applicants for Assents for ISDS' are                      7. All stormwater management plans required
                             encouraged to meet on site with CRMC staff prior             by the Council should clearly describe the Best
                             to undertaking of ISDS groundwater and soil tests            Management Practices (BMP) as found in Rhode
                             to discuss the location of the system and buffer             Island's Stormwater Design and Installation
                             zones.                                                       Standards Manual that will be used to treat and
                                                                                          mitigate adverse environmental impacts associated
                                4. It is the Council's policy to require the proper       with stormwater runoff.             In addition, all
                             management and treatment of stormwater through               stormwater management plans shall take into
                             the preparation and implementation of a                      consideration all potential impacts associated with
                             stormwater management plan which satisfies the               the discharge of stormwater runoff into the coastal
                             requirements of the RICRMP. All activities which             environment. Potential impacts include, but are
                             meet the definition of a large project must prepare          not limited to, the following: (i) impacts to coastal
                             and implement a stormwater management plan                   wetlands such as changes in species composition
                             which satisfies the requirements of Section                  due to the introduction of freshwater to high marsh
                             300.6. E. 2..     All activities which meet the              areas; (ii) changes in the salinity of receiving
                             definition of small project must satisfy the                 waters; (iii) thermal impacts to receiving waters;
                             stormwater management standards contained in                 (iv) effects of introducing stormwater runoff to
                             Section 300.6.E.3.                                           receiving waters that has low dissolved oxygen
                                                                                          concentrations; and (v) other potential water
                                5. The most recent version of the Rhode Island            quality impacts.
                             Stormwater Design and Installation Standards
                             Manual provides the appropriate methods for the                 8. All sites should be planned, designed, and
                             preparation of stormwater management plans and               developed in order to: (1) Protect areas that
                             the   treatment of stormwater with                 "Best     provide important water quality benefits and/or are
                             Management Practices" (BMP) within the                       particularly susceptible to erosion and sediment
                             CRMC's jurisdiction. However, applicants are                 loss; (2) limit increases of impervious surface
                             encouraged to consult other appropriate guidance             areas, except where necessary; (3) limit land
                             and technical stormwater design manuals such as              disturbance activities such as clearing and grading
                             Schueler (1987) and Schueler (1992). The Council             and cut and fill to reduce erosion and sediment
                             also recognizes that the most recent version of the          loss; and (4) limit disturbance of natural drainage
                             Rhode Island Soil and Erosion and Sediment                   features and vegetation.
                             Control Handbook, and its amendments, published
                             jointly by the Rhode Island Department of
                             Environmental Management and the United States               C. Prerequisites
                             Department of Agriculture (USDA), Soil
                             Conservation Service (SCS) provides additional                  1. Applicants for Council Assents to construct,
                             guidance and supplemental information with                   alter, or extend individual sewage disposal systems
                             respect to the management and treatment of                   or point source discharges shall first obtain a
                             stormwater.                                                  permit from the Department of Environmental
                                                                                          Management.
                                6. After construction has been completed and
                             the site has been permanently stabilized, the                   2*     All federal water pollution control
                             average annual total suspended solid loadings                requirements established by the Federal Water
                             (TSS) shall be reduced by 80 percent. In addition,           Pollution Control Act (Clean Water Act), as


                             Original Edition                                        Page 2                                          Section 300.6






                                                                        Rhode Island Coastal Resources Management Prognun

                            amended, or established by the federal goverment              (c) Subdrains constructed to lower groundwater
                            or by any state or local government pursuant to               levels in an area where an ISDS shall be built
                            such act, are the water pollution control                     shall (1) have a minimum pipe diameter of 6
                            requirements of the Rhode Island Coastal                      inches, (2) have no piping located between the
                            Resources Management Program. Accordingly,                    anticipated ISDS and the shore, (3) be
                            all discharge standards, effluent limitations and/or          constructed so as to prevent clogging by soil
                            pretreatment standards established pursuant to the            fines, and (4) have outfalls suitably protected
                            Clean Water Act for discharges of pollutants to the           against shoreline erosion and scour.
                            waters of Rhode Island under the Rhode Island
                            Pollutant Discharge Elimination System (RIPDES)               (d) When existing buildings are changed from
                            shall be met (Rhode Island is an EPA delegated                seasonal to year-round use, or expanded by
                            state with respect to the NPDES program). In                  adding one or more rooms, certification shall be
                            addition, applicants shall obtain an Underground              obtained from the Department of Environmental
                            Injection Control (UIC) permit from the Rhode                 Management's ISDS Office that the existing
                            Island Department of Environmental Management                 ISDS is capable of treating sewage effluent
                            when applicable. Applicants subject to RIPDES                 adequately.
                            general permit requirements for construction
                            activities and industrial activities shall apply to the       (e) Connections to ISDS' and cesspools that are
                            Council prior to submitting an application to the             abandoned shall be removed, blocked, or
                            RIDEM.                                                        otherwise     disconnected,      and      abandoned
                                                                                          cesspools and septic tanks shall be pumped dry
                               3. The Council shall formally review proposed              and filled with clean fill.
                            actions only after all other applicable state/local
                            requirements have or will be met. However, the                (f) Where necessary, barriers shall be
                            Council will comment on preliminary plans for                 constructed to prevent vehicles from passing
                            major facilities to assist in the planning process.           over septic systems.

                                                                                        2. Stormwater Management for Large Projects
                            D. Prohibitions                                               (a) All stormwater management plans shallbe
                               1. Point source discharges of sewage and/or                consistent with the Best Management Practices
                            stormwater runoff are prohibited on unconsolidated            (BMP) and the stormwater design and
                            coastal banks and bluffs.                                     performance standards found in the Rhode Island
                                                                                          Stormwater Design and Installation Standards
                               2. New and enlarged stormwater discharges to               Manual.         In addition,      all stormwater
                            the high salt marsh environment bordering Type I              management plans shall take into consideration
                            and Type 2 waters and within salt marshes                     all potential impacts associated with the
                            designated for preservation which border Type                 discharge of stormwater runoff into the coastal
                            3,4,5, and 6 waters are prohibited. Stormwater                environment. Potential impacts include, but are
                            discharges to existing well flushed tidal channels            not limited to, the following: (i) impacts to
                            within high marshes shall not be subject to this              coastal wetlands such as changes in species
                            prohibition. However, all such discharges shall               composition due to the introduction of freshwater
                            meet the standards contained in Section 300.6.E.2.            to high marsh areas; (ii) changes in the salinity
                                                                                          of receiving waters; (iii) thermal impacts to
                                                                                          receiving waters; (iv) effects of introducing
                            E. Standards                                                  stormwater runoff to receiving waters that has
                                                                                          low dissolved oxygen concentrations; and (v)
                            1. For individual sewage disposal systems (ISDS):             other potential water quality impacts.
                               (a) See standards given in "Filling, Removing,             (b) After construction has been completed and
                               or Grading" (Section 300.2).                               the site is permanently stabilized, the average
                                                                                          annual total suspended solid loadings (TSS) shall
                               (b) Grading around the ISDS shall direct the               be reduced by 80 percent. In addition, to the
                               flow of surface runoff water away from the                 maximum extent practicable,               the post
                               ISDS.                                                      development peak runoff rate and the average
                                                                                          volume from 2-year, 25-year, and 100-year



                            Original Edition                                       Page 3                                        Section 300.6






                                                                          Rhode Island Coastal Resources Management Program

                               storm     events     shall    be    maintained       at      acceptable levels.       Frequently, this can be
                               pre-development levels unless: i) the applicant              accomplished        using      appropriate        Best
                               has obtained local or state approval which                   Management Practices in series in order to
                               certifies that the existing storm drain system has           achieve higher pollutant removal efficiencies.
                               the capacity to accommodate the additional
                               discharge of stormwater runoff; or ii) the                   (g)      Whenever possible, existing natural
                               stormwater runoff is conveyed, preferably                    vegetation shall be left intact along natural
                               without using hardened channels, non-erosive to              drainage easements so as to minimize bank
                               tidal waters.                                                erosion.

                               (c) The discharge from any stormwater facility               (h)    No connections to storm, surface, or
                               must be conveyed through properly constructed                subsurface drains shall be made to either a
                               watercourses to provide for non-erosive flows                individual building sanitary sewer or individual
                               during all storm events.             The proposed            (on-site) sewage disposal system (ISDS), nor
                               stormwater conveyance system consisting of                   shall any such drains be constructed within 25
                               open channels, pipes, etc. shall, at a minimum,              feet of an existing ISDS.
                               accommodate the runoff associated with a 10-
                               year storm event or greater if required by other             (i) Wet ponds must have a permanent pool
                               local, state, or federal regulations.           These        volume equal to the water quality volume
                               stormwater conveyance systems shall provide for              calculated by multiplying one-inch by the
                               non-erosive flows to receiving waters.                       impervious surface area.

                               (d) All stormwater detention basins shall be                     Extended detention dry ponds must detain the
                               constructed to safely withstand or pass through              water quality volume over a 36-hour period
                               the discharge from the 100-year runoff flows                 (brim draw-down time).
                               from      the    contributing      drainage      area.
                               Specifically, detention basins shall be constructed          (k) Infiltration methods must be designed to
                               to "withstand" the 100-year runoff flows and                 retain and exfiltrate the water quality volume
                               shall be capable of controlling these flows                  over a maximum 72-hour period.
                               without failure or damage to the basin and/or
                               detaining berms. Certification by the design                 (1) During the preparation of the stormwater
                               engineer as to meeting this requirement shall be             management plan, the applicant shall: 1) protect
                               provided on the design plans for the proposal.               areas that provide important water quality
                                                                                            benefits and/or are particularly susceptible to
                               (e) New or enlarged stormwater discharges to                 erosion and sediment loss; 2) limit increases of
                               salt marshes and well flushed tidal channels                 impervious surface areas, except where
                               within high marshes shall only be permitted                  necessary; 3) limit land disturbing activities to
                               when the applicant can clearly demonstrate that              reduce erosion and sediment loss; and 4) limit
                               no reasonable alternatives exist (e.g., no other             disturbances of natural drainage features and
                               discharge locations having a gravity flow outlet             vegetation.
                               are available and impervious surfaces have been
                               kept to an absolute minimum) and when no                     (in) All stormwater management plans shall
                               adverse impacts to the salt marsh environment                have a maintenance plan which satisfies the
                               will result. In these instances, the applicant               recommended maintenance procedures outlined
                               shall, at a minimum, meet all applicable                     in the most recent version of the Rhode Island
                               standards contained in the Rhode Island                      Stormwater Design and Installation Standards
                               Stormwater Design and Installation Standards                 Manual.
                               Manual, This standard does not apply to low salt
                               marsh environments with an average width along             3. Stormwater Management for Small Projects
                               the property of less than 35 feet.
                                                                                            (a) After construction has been completed and
                               (f) If the Council determines that any proposed              the site is permanently stabilized, the average
                               stormwater discharge will result in an                       annual TSS loadings must be reduced by 80
                               unacceptable discharge of pollutants to the                  percent, New construction or modifications to
                               waters of Rhode Island, the Council shall require            single-family dwellings are exempt, except when
                               the applicant to mitigate the pollutant loads to             new impervious driveway surfaces (e.g., asphalt


                            Original Edition                                        Page 4                                          Section 300.6






                                                                      Rhode Island Coastal Resources Management Program

                             or concrete) are proposed.         In such cases,          contained in the most recent version of the
                             adequate treatment of the first 0.5 inches of              Rhode Island Stonnwater Design and Installation
                             runoff from the new impervious driveway                    Standards Manual.
                             surface must be provided for in accordance with
                             Section 300.6.E.3(h).                                    4. For catch basins:

                             (b) To the maximum extent practicable, the post            (a)    Catch basins shall be employed when
                             development peak runoff rate and average                   necessary to reduce runoff-induced infiltration of
                             volume shall be maintained at levels similar to            particulates into water bodies.
                             pre-development levels.
                                                                                        (b) A maintenance and cleaning program for
                             (c) In order to reduce the inflow of pollutants            catch basins shall be detailed.
                             carried by surface water runoff, all activities or
                             alterations shall be required to minimize and/or           (c) Catch basins shall have a minimum sump
                             mitigate any significant adverse impacts                   depth of 3 feet.
                             associated with surface runoff from the project.
                             All applicants must provide appropriate                    (d)    Wherever possible, catch basins with
                             measures to this end such as the use of                    permeable sides and/or bottoms shall be used so
                             infiltration devices, permeable surfaces, and the          as to minimize outflow.
                             use of overland flow.
                                                                                      5. For outfalls:
                             (d) Concentrated runoff shall be minimized to
                             the maximum extent practicable. The use of                 (a) Work on outfalls, drainage channels, etc.,
                             sheet flow through vegetated areas shall be                shall proceed from the shoreline toward the
                             employed whenever practicable to prevent                   upland in order that no unfinished or un-
                             erosive flows. In addition, roof top runoff sh -all        stabilized lower channel portions be subjected to
                             be directed away from erosion prone areas.                 erosion-producing velocities from upstream. If
                                                                                        this cannot be accomplished, all flow shall be
                             (e) Whenever possible, existing natural                    diverted from the unfinished areas until
                             vegetation shall be left intact along natural              stabilization is completed.
                             drainage easements so as to minimize bank
                             erosion.                                                   (b) Where possible, outfall pipe slopes shall be
                                                                                        designed for an exit velocity of less than 5 feet
                             (f) At a minimum, all drainage structures shall            persecond.
                             be designed to adequately convey the runoff
                             from a ten-year storm event. In the event that a           (c) Screens or grates shall be placed over the
                             muni-cipality in which the structure is located            end of large outfalls to trap debris.
                             specifies a greater than 10-year storm event as a
                             minimum design standard, then such greater                 (d) Beaches or other coastal features in front of
                             design standard shall apply. The design of the             outfalls shall be returned to original grade.
                             drainage structure shall consider all impacts on
                             adjacent properties and mitigate any adverse               (e) Riprap placed on beaches shall not increase
                             impacts.                                                   the grade of the beach higher than one foot in
                                                                                        order to maintain lateral access below mean high
                             (g)    No connections to storm, surface, or                water.
                             subsurface drains shall be made to either a
                             individual building sanitary sewer or individual           (f) Riprap shall be compact, hard, durable,
                             (on-site) sewage disposal system (ISDS), nor               angular stone, with an approximate unit weight
                             shall any such drains be constructed within 25             of 165 lbs./cubic foot.
                             feet of an existing ISDS.
                                                                                        (g) Riprap shall be placed with an adequate
                             (h) When applicable, the design and installation           bedding of crushed rock or other suitable
                             standards contained in Section 300.6.E.2 shall be          filtering material.
                             met and the management of stormwater from
                             small projects shall be consistent with the BMPs
                             and the design and installation standards



                           Original Edition                                     Page 5                                         Section 300.6






                                                                      Rhode Island Coastal Resources Management Program

                           Section 300.7.                                             controlling erosion such as stabilization with
                           Construction of Shoreline                                  vegetation and beach nourishment.
                           Protection Facilities                                         2. Riprap revetments are preferred to vertical
                                                                                      steel, timber, or concrete seawalls and bulkheads
                                                                                      except in ports and marinas. All of these forms of
                           A. Definitions                                             structural shoreline protection are considered to be
                              1. Structural    shoreline protection facilities        permanent, not temporary structures.
                           include revetments, bulkheads, seawalls, groins,              3. When structural shoreline protection is
                           breakwaters, jetties, and other structures, the            proposed, the Council shall require that the owner
                           purpose or effect of which is to control the erosion       exhaust all reasonable and practical alternatives
                           of coastal features.                                       including, but not limited to, the relocation of the
                                                                                      structure and nonstructural shoreline protection
                              2. A revetment is a structure built to armor a          methods (see Section 300.7. E. 1).
                           sloping shoreline face usually composed of one or
                           more layers of stone or concrete riprap.             A
                           revetment blankets, and generally conforms to, the         C. Prerequisites
                           contours or a coastal feature.
                              3. A bulkhead is a wood, steel, or concrete                1. Permits for projects with structural shoreline
                           structure built to retain or prevent mass wasting          protection facilities located below mean high water
                           and collapse of a bluff into the sea; it provides          must be obtained concurrently from the Army
                           limited protection from damage by waves.                   Corps of Engineers and the CRMC. Council and
                                                                                      Army Corps requirements are designed to
                              4. A seawall is a massive, stand alone structure        complement one another; applicants should
                           built of placed or dumped stone, concrete, or steel        consider the requirements of both agencies when
                           sheetpile. Concrete seawalls often have curved,            beginning the permit process. In some cases, the
                           or stepped face designed to withstand the direct           Council may require an applicant to obtain
                           onslaught of ocean waves.                                  applicable Army Corps of Engineers permits prior
                                                                                      to applying to the Council. A CRMC Assent is not
                              5. A groin is a structure built of rock, steel,         valid unless the applicant has received all required
                           timber, or concrete that extends across a beach into       Army Corps of Engineers approvals.
                           tidal waters and is used to entrap sand in the
                           longshore transport system; groins are generally           D. Prohibitions
                           perpendicular to the shoreline's coastal trend.
                              6. Breakwaters, either exposed or submerged,               1. The Council shall prohibit new structural
                           usually are structures that protect a shore, harbor,       shoreline protection methods on barriers classified
                           anchorage, or basin by intercepting waves.                 as undeveloped, moderately developed, and
                           Sometimes breakwaters are placed parallel to the           developed and in Type I waters.
                           open shoreline to retard the force of incoming                2. The Council shall prohibit the use of limited
                           waves to headland and barrier beaches.                     applications of riprap to protect septic systems and
                              7. Jetties are structures, usually of dumped stone      structures ancillary to the primary structure.
                           in Rhode Island (rubble mound), that retard the            E. Additional Category B Requirements
                           migration of a tidal inlet (breachway) in order to
                           provide safer passage for boats in and out of                 1. Applicants for structural shoreline protection
                           coastal lagoons and estuaries.                             measures to control erosion shall, on the basis of
                              8. Riprap consists of stone or concrete blocks          sound professional information, demonstrate in
                           that are dumped or placed and installed without            writing all of the following:
                           mortar.                                                       (a) an erosion hazard exists due to natural
                           B. Policies                                                   erosion processes and the proposed structure has
      is                                                                                 a reasonable probability of controlling this
                              1. The Council favors non-structural methods for           erosion problem;


                           Original Edition                                       Page 1                                       Section 300.7






                                                                       Rhode Island Coastal Resources Management Program

                              (b) nonstructural shoreline protection has not           seawall, bulkhead, or revetment must be located as
                              worked in the past or will not work in the future        close as practicable to the shoreline feature it is
                              because these methods are not suitable for the           designed to protect; structural shoreline protection
                              present site conditions;                                 facilities shall be placed landward of coastal
                                                                                       wetlands.
                              (c) there are no practical or reasonable
                              alternatives to the proposed activity such as the          2. The ends of shoreline protection structures
                              relocation of structures that mitigate the need for      shall be tied into adjacent structures. Where there
                              structural shoreline protection;                         are no adjacent structures, the new structure shall
                                                                                       gradually return to the slope of the feature and be
                              (d) the proposed structure is not likely to              so designed that opportunities for erosion around
                              increase erosion in adjacent areas;                      the back of the structure are minimized.

                              (e) the proposed structure is an appropriate               3. The base of all shoreline protection structures
                              solution to the erosion problem considering such         built on unconsolidated sediments shall extend to a
                              things as the long term erosion rate in the area,        depth equivalent to mean low water or to an
                              the likely effects of storms and hurricanes, and         appropriate depth as determined by the methods
                              the stability of the shoreline on either side of the     detailed in the most recent version of the U.S.
                              project;                                                 Army Corps of Engineers Shore Protection
                                                                                       Manual. Wbere practicable, the base shall extend
                              (f) describe the long-term maintenance program           to a depth of 3 feet below the area of disturbance.
                              for the facility including financial commitments
                              to pay for said maintenance; and,                          4. To promote good drainage behind seawalls
                                                                                       and bulkheads, and to minimize the flow of
                              (g) new breakwaters, jetties, bulkheads,                 sediment into waterways and avoid the loss of
                              revetments, and seawalls shall be designed and           backfill, all backfill must contain less than 10%
                              certified by a registered professional engineer.         silt. If sediment in the area is fine-grained, a
                                                                                       filtering layer shall be placed behind and/or
                              2. Applicants for breakwaters and jetties in             beneath the structure, consisting of suitably graded
                            addition to (a) and (b) above shall demonstrate that       stone or rock chips or geotextile filter fabric.
                            the proposed structure is necessary to provide             Weep holes shall be provided for drainage in
                            protection to a marina, port facility, public              retaining walls and bulkheads. The use of grout or
                            mooring area, or public beach area.                        concrete within, behind, or over revetments is not
                                                                                       permitted.
                              3. Applicants for breakwaters and jetties shall
                            also provide an evaluation of the structure's                5. Where feasible, the areas in back of the
                            potential for interrupting the longshore movements         structure shall be level for a distance equivalent to
                            of sediment. If such an interruption is likely to be       the height of the structure.
                            significant, the applicant shall design a sand bypass
                            system or another measure that will assure that the          6. The slope of revetments shall not exceed 1: 1.
                            effects on sediment transport shall not cause
                            significant erosion along nearby shores.                     7. Riprap revetments shall be constructed of
                                                                                       angular stone with a minimum unit weight of 165
                              4. Repair or reconstruction of all structures that       lbs. /cubic foot (such as granite). The size of stone
                            are physically destroyed 50% or more by wind,              shall be dependent upon the site's exposure to
                            storm surge, waves or other coastal processes shall        wave energy in accordance with the following
                            require a new Council Assent.                              guidelines:


                            F. Standards

                              1. All applicable standards for earthwork
                            (Section 300.2) shall be met. The base of the






                            Original Edition                                      Page 2                                        Section 300.7






                                                                          Rhode Island Coastal Resources Management Program





                                                        Fetch                        Weight                        Size
                                                   (nautical miles)                   (lbs.)                 (cubic yards)




                                                           1                          400                          1/10


                                                           2                          1,000                         1/4

                                                           3                          2,500                         V2


                                                           4                          5,000                          1


                                                     5 & greater               8,000 & greater                @2 & greater



                             The above assumes a 1: 1 wall slope and one layer of placed stone. Equivalent designs using appropriate
                             siting and design methods as described in the most recent version of the U.S. Army Corps of Engineers
                             Shore Protection Manual may be substituted in place of the above design guidelines.



                                8. Applications      for     structural      shoreline      or structural integrity.     In the case of riprap
                             protection facilities shall be designed and stamped            revetments, the addition of limited quantifies of
                             by a registered professional engineer. However,                riprap armor stone to existing damaged revetments
                             small revetments in low wave energy environments               may be allowed as a maintenance activity provided
                             may be exempted from these design requirements                 that no impact to coastal resources or lateral access
                             at the discretion of the Executive Director.                   results. All maintenance shall be in accordance
                                                                                            with the policies and standards of the Coastal
                                9. Concrete used for wall construction along the            Resources Management Program.
                             shore and in tidal waters shall be resistant to the
                             sulfate attack of seawater; Type 2 or Type 5                    3. All maintenance and repair activities shall
                             air-entraining Portland cement or an equivalent                minimize any adverse impact to water quality such
                             shall be used.                                                 as disturbance of sediments.

                                10. All construction activities shall minimize any           4. All applicable standards for earthwork
                             adverse impact to water quality such as disturbance            (Section 300.2.) shall be met for repair or
                             of sediment.                                                   maintenance activities.

                                                                                             5.    Maintenance and repair activities do not
                             G. Maintenance and Repair                                      normally require plans and designs to be certified
                                                                                            by a registered professional engineer. However,
                                1. To the maximum extent practical there shall              at the Council's discretion applicants for
                             be no farther seaward expansion of structural                  maintenance or repair activities may be required to
                             shoreline protection facilities as a result of repair          submit plans certified by a registered professional
                             or maintenance activities.                                     engineer. In some cases the Executive Director
                                                                                            may waive this requirement if the application is for
                                2. Maintenance and repair of existing structural            a minor project.
                             shoreline protection facilities shall be the minimum
                             that is required to maintain the functional viability


                             Original Edition                                         Page 3                                          Section 300.7






                                                                             Rhode Island Coastal Resources Management Program

                              Section 300.8.                                                   10-megawatt capacity or for a petroleum storage
                              Energy-Related Activities and                                    facility of less than 2,400-barrel capacity. Such
                                                                                               small-scale     facilities    shall    be      considered
                              Structures                                                       commercial or residential structures (Section
                                                                                               300.3).

                              A. Definitions
                                1. Energy-related activities include all operations            E. Standards
                              and structures involved in power generation and                    1. See standards given in "Filling, Removing,
                              petroleum processing, transfer, and storage on a                 or Grading" (Section 300.2), as applicable.
                              shoreline feature or its contiguous area or wi in
                              tidal waters.                                                      2. See standards given in "Residential,
                                                                                               Commercial, Industrial, and Public Recreational
                              B. Prerequisites                                                 Structures" (Section 300.3), as applicable.
                                                                                                 3. See standards given in "Sewage Treatment
                                1. Applicants must demonstrate that all relevant               and Disposal" (Section 300.6), as applicable.
                              local zoning ordinances, building codes, flood
                              hazard standards, and all state safety codes, fire
                              codes, and environmental requirements have or
                              will be met.



                              C. Prohibitions

                                1. Industrial operations and structures are
                              prohibited in Type I and 2 waters or on shoreline
                              features and their contiguous areas abutting these
                              waters.



                              D. Additional Category B Requirements

                                1. Applicants for activities involving power
                              generation and petroleum processing, storage, and
                              transfer are referred to the 1978 Energy
                              Amendments to the Rhode Island Coastal
                              Resources Management Program for additional
                              detailed standards.         The following summary
                              defines the scope of the topics that shall be
                              addressed by applicants for power generating and
                              petroleum processing and storage as they apply to
                              construction, operation, decommissioning, and
                              waste disposal: (a) environmental impacts, (b)
                              social impacts, (c) economic impacts, (d)
                              alternative sites, (e) alternative means to fulfill the
                              need for the facility, (f) demonstration of need,
                              and (g) consistency with state and national energy
                              policies. Shorefront sites shall demonstrate the
                              need for access to navigable waters or 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 than



                              Original Edition                                          Page I                                             Section 300.8






                                                                      Rhode Island Coastal Resources Management Program

                           Section 300.9                                              Army Corps requirements are designed to com-
                           Dredging and Dredged Materials                             plement one another; applicants should consider
                                                                                      the requirements of both agencies when preparing
                           Disposal                                                   to begin the permit process and may apply for
                           A. Definitions                                             CRMC and Army Corps permits concurrently.
                                                                                        2. Except for federal consistency reviews,
                             1. Dredging: the excavation of sediments from            applicants for dredging or open waters disposal of
                           beneath tidal and coastal pond waters by                   dredged materials shall be required to obtain a
                           mechanical or hydraulic means.                             Section 401 (Clean Water Act) Water Quality
                                                                                      Certification    from      the    Department         of
                             Dredging for navigational purposes is divided            Environmental Management (DEM) before the
                           into two categories: (a) improvement dredging              Council can consider granting approval for the
                           includes new projects in previously un-dredged             project. The application for the Section 401 Water
                           areas; and, (b) maintenance dredging includes              Quality Certification will be forwarded to the
                           projects whose purpose is to restore channels and          DEM when all Council application forms have
                           basins to dimensions that support and maintain             been completed.
                           existing levels of use.
                                                                                        3. All materials to be dredged for either open
                             2. Dredged materials disposal: the process of            water disposal or upland disposal must be classified
                           discharging, depositing, dumping, or utilizing the         by the Department of Environmental Management
                           sediments produced by a dredging operation.                (DEM) based upon an approved analysis process
                                                                                      prior to the Council acting on an application of
                           B. Policies                                                either dredging or dredged materials disposal.
                             1. The Council shall support necessary                     4. Any application for open water disposal of
                           maintenance dredging activities in Type 2, 3, 4, 5,        dredged materials shall have all requisite Army
                           and 6 waters, provided environmentally sound               Corps of Engineers and Environmental Protection
                           disposal locations and procedures are identified.          Agency (EPA) approvals.
                             2. The Council favors offshore open-water dis-             5. All applicable requirements of the Freshwater
                           posal for large volumes of dredged materials, pro-         Wetlands Act have or will have been met.
                           viding that environmental impacts are minimized.
                                                                                        6. Upland disposal of dredged materials must
                             3. The Council encourages the use of innovative          comply with all applicable local zoning ordinances.
                           nearshore methods of dredged materials disposal,
                           particularly when small volumes of material must           D. Prohibitions
                           be disposed. these options include creation of
                           wetlands, shellfish habitat, and beach nourishment           1. The disposal of dredged materials on or
                           in suitable areas.                                         adjacent to coastal wetlands in Type I and 2 waters
                                                                                      is prohibited unless associated with a Council-
                             4. For disposal of dredged material resulting            approved program of wedand building or
                           from maintenance dredging operations, provided             rehabilitation. The disposal of dredged materials
                           the materials in question are predominantly clean          is also prohibited on coastal wetlands designated
                           sands, a Category A Review may be permitted                for preservation in Type 3, 4, 5, and 6 waters (see
                           provided the Executive Director determines that            Section 210.3).
                           the disposal of the materials shall be for beach
                           nourishment only, and the proposal meets the                 2. No dredging for navigational purposes is
                           standards of Sections 110. 1 and 300.9(f)(5) of this       permitted in Type I waters, and only maintenance
                           program.                                                   dredging may be permitted in Type 2 waters.
                           C. Prerequisites                                           E. Additional Category B Requirements
                             1. Permits 'for maintenance and improvement                1. Applicants for all dredging projects shall
                           dredging and disposal projects for navigational            provide accurate soundings in the area of the
                           purposes must be obtained from the Army Corps              proposed dredging operation.
                           of Engineers as well as the Council. Council and


                           Original Edition                                      Page 1                                        Section 300.9






                                                                       Rhode Island Coastal Resources Management Program

                             2. Applicants shall describe any temporary or               (c) Dredging shall be planned so as to avoid
                           permanent disturbance to a coastal feature which is           undermining adjacent shoreline protection
                           required or anticipated in order to gain access for           facilities and/or coastal features.
                           heavy equipment to the dredging or disposal site.
                                                                                         (d) Shellfish dredged from waters classified SB
                             3. When fine-grained sediments are to be                    or lower shall not be made available for human
                           removed, the applicant shall install siltation                consumption or bait.
                           curtains to control the transport of materials placed
                           in suspension by dredging unless the applicant              2. For dredged materials disposal in open water:
                           demonstrates to the Council on the basis of
                           competent professional analysis that such transport           (a) Dredged materials may not be placed in
                           will not be significant or will be controlled by              areas determined by the CRMC to be prime
                           other measures.                                               fishing grounds.

                             4. The applicant shall limit dredging and disposal          (b) Measures must be employed and described
                           to specific times of the year in order to minimize            to ensure that all dredged materials will be
                           odors and/or impacts on fish and shellfish unless             dumped solely within the confines of an
                           the applicant demonstrates to the Council on the              approved site.
                           basis of competent professional analysis that such
                           odors or impacts will not be significant or will be           (c) Hydrographic conditions at the approved
                           controlled by other measures.                                 disposal site must be such that the disposed
                                                                                         dredged materials will remain within the disposal
                             5. Applicants for improvements dredging                     area and that re-suspension of bottom sediments
                           projects shall describe, on the basis of competent            will be minimal.
                           professional analysis, anticipated siltation rates,
                           sediment sources, and anticipated maintenance                 (d) Following disposal operations involving
                           dredging needs.                                               polluted     materials,    clean      coarse-grained
                                                                                         materials must be deposited to cap the spoil
                             6. When dredged materials are removed from a                mound and minimize the release of any potential
                           marine to an upland environment for disposal, the             contaminants to the water column. The cap shall
                           applicant shall demonstrate that the release of               have a minimum thickness of 6 inches.
                           pollutants present in the materials shall not cause
                           significant threats to groundwater or cause other             (e) The applicant shall provide for an
                           environmental degradation.                                    environmental monitoring program designed to
                                                                                         detail physical conditions and biological activity
                             7. Applicants proposing dredging operations                 at and near the site for a period of at least one
                           associated with residential boating facilities must           year. The results of such programs shall be
                           demonstrate that the purpose is to restore channels           made public.
                           and basins to dimensions that support and maintain
                           existing levels of use, and must submit clear and           3. For dredged materials disposal in the creation
                           convincing evidence documenting a diminished use            of wetlands, aquatic habitat, or island:
                           of a facility or navigational fairway by natural
                           shoaling or accretion, not merely a need for                  (a) Disposal sites must be in sheltered
                           additional water depth.                                       environments which are approved by the Council
                                                                                         for such purposes and are not prone to extensive
                                                                                         wave or current energies yet subject to sufficient
                           F. Standards                                                  tidal action to provide adequate flushing.

                           1. For dredging:                                              (b) Dredged materials must be pumped or
                                                                                         placed into a containment area that will permit
                             (a) Bottoms of dredged areas shall slope                    sediment consolidation and prevent erosion.
                             downward into the waterway so as to maximize
                             tidal flushing.                                             (c) The applicant must provide for an
                                                                                         environmental monitoring program designed to
                             (b) Bottom slopes at the edges of dredged areas             detail physical conditions and biological activity
                             shall have a maximum slope of 50 percent.                   at and near the site for a period of at lease one


                           Original Edition                                       Page 2                                         Section 300.9






                                                                      Rhode Island Coastal Resources Management Program

                             year. The results of such a program shall be
                             made public.

                             (d) All applicable requirements of Section 300.2
                             shall be met.


                           4. For upland disposal:

                             (a) Dewatering of dredged materials shall occur
                             behind a berm or bulkhead of sufficient height to
                             contain the material.

                             (b) After dewatering, dredged materials placed
                             on uplands adjacent to tidal waters shall be
                             vegetated or otherwise permanently stabilized.
                             Surface slopes of the disposal area shall be
                             graded so as to prevent surface ponding.

                             (c) Where dredged materials are placed behind
                             a wall or bulkhead: (1) the structure shall be
                             suitably engineered to resist the pressures of the
                             dredged material; (2) the material, including
                             fines, shall be prevented from seeping through
                             the wall or bulkhead by the placement of an
                             adequate, filtering device; and (3) all applicable
                             standards listed for shoreline protection facilities
                             (Section 300.7) shall be met.

                             (d) All applicable requirements of Section 300.2
                             shall be met.

                           5. Disposal for beach nourishment:

                             (a) The placement of dredged materials on a
                             beach is a preferred disposal alternative,
                             providing that the materials in question are
                             predominantly clean sands possessing grain size
                             and such other characteristics to make them
                             compatible with the naturally occurring beach
                             material.

                             (b) In areas where the processes of littoral drift
                             would result in significant re-entry of dredged
                             sediments into a navigable waterway, dredged
                             materials must be placed on the downdrift side of
                             the inlet.

                             (c) All applicable requirements of Section 300.2
                             shall be met.












                           Original Edition                                      Page 3                                        Section 300.9






                                                                       Rhode Island Coastal Resources Management Program

                           Section 300.10.                                              designed to complement one another; applicants
                           Filling in Tidal Waters                                      should consider the requirements of both agencies
     40                                                                                 when beginning the permit process. In some
                                                                                        cases, the Council may require an applicant to
                                                                                        obtain applicable Army Corps of Engineers
                           A. Definition                                                permits prior to applying to the Council. A
                                                                                        CRMC Assent is not valid unless the applicant has
                           1. "Filling in Tidal Waters" is the placing of               received all required Army Corps of Engineers
                           materials from upland sources below the mean                 approvals.
                           high water and includes the utilization of dredged
                           materials to create land in tidal waters for purposes
                           other than those covered by the creation of                  D. Prohibitions
                           wetlands and by beach replenishment or
                           nourishment pursuant to Section 300.9. Filling               1. Filling in Type I and 2 waters is prohibited.
                           which is determined by the Council to be incidental
                           to activities conducted in accordance with Section           2. Regulations governing the filling and other
                           300.7 is not "filling in tidal waters" and is                disturbances to wetlands are set forth in Section
                           addressed      by    the   Policies,     Prerequisites,      210.3.
                           Prohibitions,     Requirements,       and     Standards
                           contained in Section 300.7.                                  3.   Filling in Type 3, 4, 5, and 6 waters is
                                                                                        prohibited unless (a) the filling is made to
                                                                                        accommodate a designated priority use for that
                           B. Policies                                                  water area; (b) the applicant has examined all
                                                                                        reasonable alternatives and the Council has
                           1. It is the   Council's policy to discourage and            determined that the selected alternative is the most
                           minimize the filling of coastal waters.                      reasonable; and (c) the filling is the minimum
                           2. In considering the merits of any given proposal           necessary to support the priority use.
                           to fill tidal waters, the Council shall weigh the
                           public benefit to be served by the proposal against          E. Fees
                           the loss or degradation of the affected public
                           resource(s).                                                 See Section 160.

                           3. Filling may be permitted where necessary for
                           an approved erosion control or bulkheading
                           project, but only when it has been demonstrated
                           that the amount of filling has been minimized in
                           accordance with the requirements of Section 300.7


                           C. Prerequisites

                           1. Except for federal consistency reviews,
                           applicants for projects requiring filling in tidal
                           waters shall be required to obtain a Section 401
                           (Clean Water Act) Water Quality Certification or
                           its waiver from the Department of Environmental
                           Management (DEM) before the Council can issue
                           an assent for the project. The application for the
                           Section 401 Water Quality Certification will be
                           forwarded to the DEM when all Council
                           Application forms have been completed.

                           2. Permits for projects requiring filling in tidal
                           waters must be obtained concurrently from the
                           Army Corps of Engineers and the Council.
                           Council and Army Corps requirements are


                           Original Edition                                       Page 1                                        Section 300. 10






                                                                        Rhode Island Coastal Resources Management Program

                            Section 300.11.                                              to conduct research or to harvest an aquatic species
                            Aquaculture                                                  of plant or animal for a substantial period of time.
                                                                                         The Council may permit inactive facilities to
                                                                                         remain if it determines that the temporary removal
                            A. Definition                                                of these facilities would place an undue burden on
                                                                                         the leaseholder.
                            I .  For the purpose of the Coastal Resources
                            Management Council, aquaculture is defined as the              4. The Council may require the removal of any
                            culture of aquatic species under natural or artificial       aquaculture facility that is in an obvious state of
                            conditions in tidal waters and coastal ponds                 disrepair or has become a navigation or safety
                            including but not limited to: fish farming utilizing         hazard.
                            pens, tanks, or impoundments; the culture of
                            shellfish on the sea floor, in cages, or suspended             5. Upon application to renew an existing
                            from structures in the water; and the culturing of           aquaculture Assent, the Executive Director may
                            aquatic plants. NOTE: land-based aquaculture                 administratively renew said Assent for a period not
                            operations (i.e., above mean high water) are                 to exceed that period set forth in Tide 20 Chapter
                            regulated under Section 300.3 of the RICRMP.                 10 of the General Laws for each renewable period,
                                                                                         provided the applicant is in conformance with the
                            2.    Transient or mobile aquaculture gear is                terms and conditions of the Assent, the aquaculture
                            defined as cages containing cultured species which           lease, and with the Coastal Resources Management
                            are periodically moved about within a specified              Program (RICRMP) in effect at the time of
                            area so as to reduce user conflicts. This gear is            renewal     provided, further, that there are no
                            typically in the form of wire cages which are either         amendments to the Assent or lease. Report of such
                            individually marked with a surface buoy or strung            action by the Executive Director shall be made in
                            together in trawls with end buoys to identify the            writing to the full Council at the next regularly
                            location of gear.                                            scheduled meeting of the Council.

                                                                                         6.    In the event that a CRMC approved
                            B. Policies                                                  aquaculture operation is determined by the Council
                                                                                         to not be actively "farmed" for a period of one
                              1. The CRMC recognizes that commercial                     year 'the assent and lease shall be deemed null and
                            aquaculture is a viable means for supplementing              void and the site shall be returned to the State's
                            the yields of marine fish and shellfish food                 free and common fishery.
                            products,     and     shall    support      commercial
                            aquaculture in those locations where it can be               7.    The Council may grant an aquaculture Assent
                            accommodated among other uses of Rhode Island                for a period not to exceed that period set forth in
                            waters.                                                      Title 20 Chapter 10 of the General Laws.
                              2. The CRMC shall grant aquaculture applicants             C. Prerequisites
                            exclusive use of the submerged lands and water
                            column, including the surface of the water, when                1. Prior to issuing a permit for aquaculture, the
                            the Council finds such exclusive use is necessary to         Council shall obtain and consider statements from
                            the effective conduct of the permitted aquaculture           the director of the Department of Environmental
                            activities. Except to the extent necessary to permit         Management and the chairman of the Marine
                            the effective development of the species of animal           Fisheries Council, as required by Chapter 20. 10 of
                            or plant life being cultivated by the permittee, the         the state's General Laws. The director of the
                            public shall be provided with means of reasonable            Department of Environmental Management shall
                            ingress and egress to and from the area subject to           review the application to determine that the
                            an aquaculture lease for traditional water activities        proposed activity will not adversely affect (a)
                            such as boating, swimming, and fishing. All plant            marine life adjacent to the proposed area and the
                            and animal species listed for culture in an                  waters of the state, and (b) the continued vitality of
                            aquaculture lease are the personal property of the           indigenous fisheries. The chairman of the Marine
                            permittee.                                                   Fisheries Council shall review the application to
                                                                                         determine that it is consistent with competing uses
                              3. At the discretion of the Council, leaseholders          involved with the exploitation of marine fisheries.
                            may be required to temporarily remove their
                            aquaculture facilities when they are not being used


                            Original Edition                                        Page 1                                        Section 300.11






                                                                      Rhode Island Coastal Resources Management Program

                             2. Permits for the possession, importation, and          aquaculture activities permitted by the Council
                           transportation of species used in aquaculture must         shall be in violation of an order of the Council and
                           be obtained from the director of the Department of         libel to all fines and penalties under law.
                           Environmental Management.
                                                                                        3. All permittees shall mark off the areas under
                                                                                      permit by appropriate ranges, monuments, stakes,
                           D. Additional Category B Requirements                      buoys, or fences placed so as not to interfere
                                                                                      unnecessarily with navigation and other traditional
                             1. Applicants proposing to undertake any                 uses of the water surface.           All authorized
                           aquaculture endeavor shall (a) describe the location       limitations upon the use by the public of areas
                           and size of the area proposed; (b) identify the            subject to the permit shall be posted by the
                           species to be managed or cultivated within the             permittee.
                           permitted area and over which the applicant shall
                           have exclusive right; (c) describe the method or             4. The Council may require the leaseholder for
                           manner of management or cultivation to be                  an aquacultare facility to post a performance bond
                           utilized, including whether the activities proposed        in order to ensure the cleanup and removal of said
                           are experimental, commercial, or for personal use;         facility upon either the termination or expiration of
                           (d) provide such other information as may be               the lease.
                           necessary for the Council to determine: (1) the
                           compatibility of the proposal with other existing            5. The Executive Director may approve the
                           and potential uses of the area and areas contiguous        transfer of a lease from the lessee to another party
                           to it, including navigation, recreation, and               provided the aquaculture operation remains the
                           fisheries; (2) the degree of exclusivity required for      same, including size, species, gear, and methods
                           aquacultural activities on the proposed site; (3) the      of culturing. The full Council must approve any
                           safety and security of equipment, including                transfers that involve a deviation from the existing
                           appropriate marking of the equipment and/or lease          assented aquaculture operation.
                           area; (4) the projected per unit area yield of
                           harvestable product; (5) the cumulative impact of            6. Upon application, the Executive Director
                           a particular aquaculture proposal in an area, in           may issue an experimental aquaculture permit for
                           addition to other aquaculture operations already in        operations which are expressly for the purpose of
                           place; (6) the capability of the applicant to carry        developing and testing new gear or techniques for
                           out the proposed activities; and (7) the impact of         aquaculture production.        Applicants may be
                           the proposed activities on the scenic qualifies of the     approved for three separate sites, with up to an
                           area.                                                      area of one-thousand (1,000) square feet for each
                                                                                      site. Experimental sites shall not be within 500
                           E. Prohibitions                                            feet of one another. Areas in excess of this may
                                                                                      be approved by the full Council. Experimental
                           I .  Fish pen aquaculture operations are prohibited        aquaculture Assents shall be valid for a period not
                           in all coastal ponds.                                      to exceed two (2) years. A lease is not required
                                                                                      unless    the    aquaculture     product     is    sold
                           F. Standards                                               commercially.       Report of such action by the
                                                                                      Executive Director shall be made in writing to the
                             1. In the event of revocation, termination or            full Council at the next regularly scheduled
                           expiration of any   lease or Assent', the lessee or        meeting of the Council.
                           Assent holder is responsible for restoring the area
                           to pre-existing conditions within ninety (90) days           7.    All transient aquaculture gear shall be
                                                                                      operated within defined areas as established by the
                           from the date of permit revocation, termination, or
                           expiration. This shall include the removal of all          tidal water aquaculture management plan.
                           structures, rafts, floats, markers, buoys, anchors,        Transient gear lease fees shall be based on the
                           and other equipment brought to the site. Failure to        minimum area necessary to operate the proposed
                           comply with the Council's order to restore the site        number of cages.
                           may result in the forfeiture of the permit bond
                           posted by the lessee.

                             2. Any person who maliciously and willfully
                           destroys, vandalizes,      or otherwise disrupts


                           Original Edition                                      Page 2                                      Section 300.11






                                                                          Rhode Island Coastal Resources Management Program

                             Section 300.12.                                                 6. Mosquito ditching is defined as the
                             Coastal Wetland Mitigation                                   maintenance and construction of ditches in coastal
                                                                                          wetlands in order to enhance tidal flushing and
                             A. Definitions                                               thereby reduce and control mosquito breeding
                                                                                          sites.
                               1. Alterations to coastal wetlands are defined to             7. Open Marsh Water Management is defined as
                             include, but shall not be limited to: filling,               the maintenance and construction of reservoirs and
                             removing or grading (as defined in Section                   connectors in order to enhance the tidal food web
                             300.2.A.); dredging and dredged materials                    and thereby reduce and control mosquito breeding
                             disposal (as defined in Section 300.9.A.); and any           sites.
                             significant cutting or removal of vegetation; and
                             excavation, draining, damming and/or diverting of            B. Policies
                             hydrological flows in a coastal wetland.
                             Furthermore,       any    activity,    including      the       1. In cases where the Council determines that a
                             aforementioned, taking place in an area adjacent to          coastal wedand may be altered (see Section
                             a coastal wedand which impacts the coastal                   210.3.C) or grants a special exception to a
                             wedand, shall be considered an alteration to coastal         prohibition listed in Section 300.12.1) the Council
                             wetlands.                                                    shall require the mitigation of all impacts to the
                               2.   Activities which shall not be considered              coastal wedand. Permanently lost or significantly
                             alterations include, but shall not be limited to;            altered wetlands shall be replaced through the
                             minor disturbances associated with the approved              restoration of an historical wetland or the creation
                             construction or repair of shoreline protection               of a new wedand at a site approved by the Council.
                             facilities in accordance with Section 300.7, minor              2. The Council shall not grant any variance to
                             disturbances associated with approved residential            the policies, standards, and prerequisites set forth
                             docks and walkways constructed in accordance                 in this section.
                             with standards set forth in Section 300.4,
                             insignificant or minor cutting or pruning of                    3. Pursuant to the Council's "no net loss" policy,
                             vegetation in accordance with a Council-approved             the goal and minimum requirements of wetland
                             management or restoration plan; and approved                 mitigation projects shall be the replacement of
                             mosquito population control programs.                        permanently lost or significantly altered wetlands
                               3. For the purposes of this section, mitigation is         with wetlands of equal or greater area and
                             defined as avoidance and minimization of impacts             ecological value. Mitigation projects shall be
                             and compensation for unavoidable losses by                   carried out in accordance with the standards set
                             creating or restoring coastal wetlands. Mitigation           forth in section 300.12.E.
                             projects are those projects undertaken to                       4. Wetlands created or restored for the purposes
                             compensate for unavoidable losses after impacts              of replacing permanently lost or altered coastal
                             associated with a proposed activity have been                wetlands shall be considered wetlands as defined in
                             avoided and minimized to the maximum extent                  the RICRMP and subject to the policies contained
                             practicable. The Council recognizes the restoration          in Section 210.3 (Coastal Wetlands), Section 140.
                             of historic wetlands and the creation of new                 (Setbacks) and Section 150. (Buffer Zones).
                             wetlands as the only acceptable means of
                             compensating for unavoidable losses of coastal                  5. Activities listed in Section 300.12. A. 2. shall
                             wetlands.                                                    be exempt from mitigation requirements. In
                               4. Wetland restoration is defined as the re-               addition, wetlands created for the purposes of
                             establishment of a wetland (on the site of an                stormwater management, erosion control, or waste
                             historical wetland) which has been degraded to               management, in accordance with Section 300.6,
                             such an extent that the site performs little or none         shall not be subject to mitigation requirements.
                             of its original wetland functions.                              6. Applicants proposing to alter coastal wetlands
                                                                                          shall submit the application and the proposed
                               5. Wetland creation is defined as the construction         mitigation plan concurrently. In cases where an
                             of a new coastal wedand where one had not                    applicant is proposing an alteration to coastal
                             previously existed.                                          wetlands prohibited under Section 300.12.1), the


                             Original Edition                                         Page I                                        Section 300.12






                                                                        Rhode Island Coastal Resources Management Program

                            applicant shall be required to first meet the burdens         13. Recognizing that restored and created
                            of proof contained in Section 130 and obtain a              wetlands require a period of time to become
                            Special Exception. If the applicant obtains a               established as functional coastal wetlands, the
                            Special Exception, or a Special Exception is not            Council may require the applicant to post a bond to
                            necessary, then the Council shall consider the              ensure compliance with the mitigation plan and
                            merits of the proposed alteration.                          other Council stipulations.

                              The Council shall not consider the mitigation               14. Any violation of the approved mitigation
                            plan in determining whether an assent shall be              plan shall constitute a violation of the assent to
                            granted for the alteration of a coastal wetland, but        alter the existing coastal wetland.
                            shall require rnitigation as a condition of the assent.
                            If the Council approves the proposed alteration to            15. The Council recognizes the nuisance caused
                            a coastal wetland, then the applicant shall obtain          by large breeding populations of mosquitos in
                            the Council's approval of the mitigation plan prior         portions of some coastal wetlands. The Council
                            to any alteration of the coastal wedand. The                recognizes that the problem can be effectively
                            issuance of the assent to alter coastal wetlands            controlled by good wetland management practices
                            subject to ri@iitigation requirements will be based, in     that include open marsh water management, ditch
                            part, upon adequate assurance that required                 maintenance and, in some cases, the limited use of
                            mitigation is feasible and will occur.                      pesticides.

                              7. To the maximum extent practicable,                     C. Prerequisites
                            mitigation projects shall be carried out prior to, or
                            concurrent with, the approved alteration of the               1. Applicants proposing any alteration to coastal
                            coastal wedand.                                             wetlands prohibited in Section 300.12.1) shall be
                                                                                        required to obtain a Special Exception (Section
                              8. To the maximum extent practicable,                     130) from the Council.
                            mitigation projects shall be carried out on-site.
                            Where no on-site alternative exists, the Council              2. Applicants proposing alterations to coastal
                            may consider off-site mitigation within a                   wetlands are required to obtain permits from the
                            hydrologically connected area. In circumstances             Army Corps of Engineers and applicable permits
                            where an overall benefit to the state is                    from     the    Department       of     Environmental
                            demonstrated and no on-site alternative exists, the         Management. In some cases, mitigation projects
                            Council may approve mitigation projects outside             will require additional permits from the Army
                            the watershed in which the impact, due to the               Corps of Engineers and the Department of
                            alteration of a coastal wedand, will occur.                 Environmental Management. Applicants shall
                                                                                        consult with these agencies for a determination of
                              9. In cases where the alteration is temporary,            the need for additional permits and obtain any
                            the disturbed wedand shall be restored, to the              required permits prior to undertaking any
                            satisfaction of the Council, immediately following          mitigation activities.
                            the permitted activity.
                                                                                          3. Mosquito control programs in any coastal
                              10. In no case shall monetary compensation be             wetland area will be considered only when
                            considered as an acceptable form of mitigation.             authorization from the DEM Division of Fish and
                                                                                        Wildlife, the R.I. Mosquito Abatement Board, and
                              11. The Council may consider proposals for                the local municipality has been obtained. Further,
                            joint mitigation projects, advanced mitigation              applicants should concurrently obtain a permit
                            projects, and other innovative wedand mitigation            from the Army Corps of Engineers. However, in
                            approaches, such as mitigation banks, on a case-            some cases the Council may require the applicant
                            by-case basis.                                              to first obtain an Army Corps of Engineers permit.

                              12. The Council recognizes that successful
                            mitigation projects depend on a number Of                   D. Prohibitions
                            variables including the type of wetland restored or
                            created. Accordingly, replacement ratios contained            1. All alterations to coastal wetlands abutting
                            in section 300.12.F shall be considered minimum             Type I waters are prohibited except for minimal
                            requirements.                                               alterations required for the construction or repair


                            Original Edition                                       Page 2                                       Section 300.12






                                                                      Rhode Island Coastal Resources Management Program

                            of an approved or pre-existing structural shoreline          wetlands to be altered and of the proposed
                            protection facility (see Section 300.7) and                  mitigation site. Surface areas shall not include
                            alterations resulting from approved mosquito                 buffer zones; however, alterations to existing
                            population control programs.                                 buffer zones shall be described;

                              2. Alterations to coastal wetlands abutting Type           (c) A description of existing elevations, soil
                            2 waters and coastal wetlands designated for                 types, flora species, vegetative densities and
                            preservation adjacent to Types 3,4,5 and 6 waters            habitats in the wetland to be altered and for the
                            are prohibited except for minor disturbances                 proposed mitigation site;
                            associated (a) residential docks or walkways
                            approved pursuant to the standards set forth in              (d) A description of the hydrology of the existing
                            Section 300.4, (b) approved construction or repair           wedand site and proposed mitigation site
                            of shoreline protection facilities, and (c) approved         including ground water levels and, where
                            mosquito population control programs.                        applicable, tidal and salinity ranges of the site
                                                                                         and of adjacent inundating waters;
                              3. Alterations to coastal wetlands       which are
                            adjacent to Types 3, 4, 5 and 6 waters and which             (e) A description of any excavation, grading,
                            are not designated for preservation are prohibited           filling, etc. to be conducted as part of the
                            unless: (a) the alteration is made to accommodate            mitigation plan;
                            a designated priority use for that water area, (b)
                            the applicant has examined all reasonable                    (f) A description of species to be planted or
                            alternatives and the Council has determined that             seeded, spacing of plantings and/or the density of
                            the selected alternative is the most reasonable, and         seeding, the source of vegetation to be planted,
                            (c) only the minimum alteration necessary to                 and the source of any organic soils to be
                            support the priority use is made.                            introduced at the mitigation site;

                              4. The practice of applying broad spectrum                 (g) A schedule for implementation of the
                            persistent pesticides on any coastal wetland area is         mitigation plan;
                            prohibited.
                                                                                         (h) Success criteria, which shall include
                              5. Future development on any mitigation site is            benchmark dates and minimum survivability
                            prohibited. All alterations to mitigation sites other        rates for plantings/seedings;
                            than those required to maintain, or enhance the
                            restored or created coastal wetland are prohibited.          (i) A monitoring program; and,

                                                                                         0) Evidence of financial security.
                            E. Additional Category B Requirements

                              1. Applicants shall demonstrate to the Council's         F. Standards
                            satisfaction that (a) the proposed alteration will
                            accommodate a priority use, as determined by the             I .For alterations to Coastal Wetlands:
                            adjacent water type, (b) the alternative selected is
                            the most reasonable for supporting that priority                (a) Altered coastal wetlands shall be replaced
                            use, and (c) the proposed alteration is the minimum             by wetlands of a similar type (as defined in
                            necessary to support that alteration.                           Section 210.3. A) which provide an ecological
                                                                                            value equal to or greater than that of the
                              2. Any mitigation plan submitted pursuant to                  altered wetland.
                            this section shall include, but not be limited to, the
                            following:                                                      (b) The following ratios of replacement
                                                                                            coastal wedand to permanently altered or lost
                              (a) A site plan accurately depicting wetlands                 coastal wetland shall be considered minimum
                              which will be altered, the proposed mitigation                compensation requirements for mitigation
                              site, existing buffer zones and proposed buffer               projects:
                              zones;
                                                                                                i) 2: 1, area of coastal wedand restored:
                              (b) The size, in terms of surface area, of                        area permanently altered or lost.


                            Original Edition                                      Page 3                                      Section 300.12






                                                                      Rhode Island Coastal Resources Management Program


                                    ii) 2:1, area of coastal wetland created:
                                    area permanently lost or altered.

                                    Specific replacement requirements shall be
                                 determined on a case-by-case basis, taking
                                 into account such factors as size, type and
                                 ecological value of the existing coastal
                                 wetland, and the probability of achieving
                                 fully functional replacement at the proposed
                                 mitigation site. In no case shall the Council
                                 consider mitigation projects which do not
                                 meet     these     minimum         compensation
                                 requirements.

                                 (c) Restored and created coastal wetlands
                                 shall be subject to buffer zone and setback
                                 requirements.

                             2.  For mosquito population control

                                 (a) Alterations to coastal wetlands undertaken
                                 as part of a mosquito control program shall
                                 be minimal and shall utilize open marsh water
                                 management techniques in accordance with
                                 the most recent version of Manual of Methods
                                 for Open Marsh Water Management in Rhode
                                 Island (RIDEM).

                                 (b) Wherever possible, marsh sediments
                                 excavated as part of an approved mosquito
                                 population control program shall be placed at
                                 the terminal end of a pre-existing mosquito
                                 ditch identified for abandonment. In cases
                                 where such a pre-existing mosquito ditch does
                                 not exist or is not a feasible sediment disposal
                                 site, marsh sediments shall be disposed of at
                                 a suitable upland location.

                                 (c) Ditches shall be no more than 24 inches
                                 wide and not less one foot, nor more than 3
                                 feet, deep.

















                            Original Edition                                      Page 4                                       Section 300.12






                                                                       Rhode Island Coastal Resources Management Program

                            Section 300.13.                                            vegetation; and iv) limit the increase of impervious
                            Public Roadways, Bridges,                                  surface areas, except where necessary.
                            Parking Lots, Railroad Lines                                 2. All bridge structures shall be sited, designed,
                            and Airports                                               and maintained so that sensitive coastal habitat
                                                                                       areas such as coastal wetlands and areas providing
                                                                                       important water quality benefits are protected from
                            A. Definition                                              adverse effects.

                              1. For the purposes of this program, public
                            roadways shall be defined as all roadways other            D. Standarcls
                            than private driveways used to access either public
                            or private roads.                                            1. See standards given in "Filling, Removing, or
                              2. The requirements of this section apply to all         Grading of Shoreline Features" (Section 300.2).
                            new roadways, highways, bridges, parking lots,               2. Permeable materials shall be utilized, where
                            railroad lines, and airports.       Alterations and        practicable, to surface roadways and parking lots
                            improvements to roadways, highways, bridges,               on shoreline features adjacent to Type 1, 2, and 3
                            parking lots, railroad lines, and airports are subject     waters.
                            to the erosion control requirements contained in
                            this section and Section 300.3. Alterations and              3. Applicants shall reduce erosion and, to the
                            improvements to roadways, highways, bridges,               maximum extent practicable, retain sediment on-
                            parking lots, railroad lines, and airports that result     site during and after construction. Applicants shall
                            in new stormwater discharges or increase storm-            prepare and implement an erosion and sediment
                            water discharge volumes beyond pre-development             control plan in accordance with all of the policies
                            levels are subject to the stormwater management            and standards contained in Section 300.2.
                            requirements contained in Section 300.6 (excluded
                            from these requirements are projects consisting              4. Applicants shall prepare and implement a
                            only of pavement resurfacing, minor roadway                stormwater management plan in accordance with
                            repairs, or emergency drainage repairs).                   the policies and standards contained in Section
                                                                                       300.6.

                            B. Prohibitions                                              5. See the standards contained in "Treatment of
                                                                                       Sewage and Stormwater (Section 300.6)".
                              1. The construction of new public transportation
                            facilities in tidal waters and on coastal features is
                            prohibited with the following exceptions: (a)
                            construction on developed barrier beaches may be
                            permitted, subject to the requirements of Section
                            210.2; (b) unpaved vehicle trails and parking areas
                            may be permitted on undeveloped barrier beaches
                            (Section 210.2); and (c) construction may be
                            permitted on manmade shorelines subject to the
                            requirements of Section 210.6.


                            C. Policies

                              1. All roadways, highways, parking lots,
                            railroads lines, and airports shall be planned, sited,
                            and designed to: i) protect areas that provide
                            important water quality benefits or are particularly
                            susceptible to erosion and sediment loss; ii) limit
                            land disturbances such as clearing and grading and
                            cut and fill to reduce erosion and sediment loss; iii)
                            limit disturbances of natural drainage features and



                            Original Edition                                      Page I                                       Section 300.13






                                                                      Rhode Island Coastal Resources Management Program

                           Section 300.14                                             programmatic requirements of the Coastal
                           Maintenance of Structures                                  Resources Management Program, its Special Area
                                                                                      Management Plans, and/or any other appropriate.
                                                                                      CRMC-approved management plans.
                           A. Definition                                                 5. Many structures under Council jurisdiction
                                                                                      predate the Council and were not permitted by
                              1. Maintenance of structures includes rebuilding,       Council Assent when originally constructed.
                           reconstructing, repairing or re-establishing to            Persons proposing maintenance or repair activities
                           previously approved conditions and dimensions a            on such structures shall be required to obtain a
                           damaged or deteriorated structure or facility.             Certification of Maintenance, meet relevant
                           Maintenance includes only those activities that do         standards of this program, or obtain a Council
                           not significantly alter the assented design, purpose       Assent, as determined by the Council's Executive
                           and size of the structure. Maintenance provisions          Director.     Persons proposing to (a) demolish
                           for marina in-water facilities and residential             structures, (b) repair structures which have been
                           boating facilities are found at Section 300A.E.            physically destroyed 50 percent or more as a result
                                                                                      of storm induced flooding, wave, or wind damage,
                                                                                      and (c) repair structures which have been
                           B. Policies                                                destroyed 50 percent or more by fire shall be
                                                                                      required to submit an application and meet the
                              1. Persons proposing to maintain dredged                current programmatic requirements.
                           channels and mooring areas (Section 300.9) and
                           mosquito control ditches in coastal wetlands                  6. All activities, except those noted in Section
                           (Section 300.12) are in all cases required to obtain       B.5, for which a Certification of Maintenance is
                           a new Council Assent.                                      requested, shall have a valid Council Assent.

                              2. Maintenance of structures and facilities for            7. It is the Council's intent to allow for the
                           which a Council Assent has been issued is                  continued maintenance and viability of marina
                           permitted upon obtaining a Certification of                operations that exist in and adjacent to the coastal
                           Maintenance from the Executive Director of the             waters of the state. In Type 3, 4, 5 and 6 Waters
                           CRMC. This Certification shall establish that all          maintenance dredging, dock reconfiguration,
                           applicable standards for the construction and              activities such as travel lift operations and other
                           operation of the permitted structure or facility, and      best available technologies, and other ancillary
                           any stipulations that were conditioned by the              activities necessary to maintain the operational
                           Council's Assent have been met, and are                    viability of the facility should be expected to occur.
                           continued.       Further,     the Certification of         The Council has detailed this policy in its handout
                           Maintenance may contain additional measures to             entitled "Marina Certification Program." (Pre-
                           minimize the environmental impact of the activity,         existing marinas in Type 2 Waters are covered at
                           to promote the restoration of coastal resources, or        200.2.) The Marina Certification Program allows
                           to otherwise further the objectives and goals of this      for certain maintenance activities to occur at
                           program, as may be required by staff                       marina facilities with approved marina perimeters.
                           recommendations to the Executive Director,                 In order to be eligible for this policy, applications
                           consistent with the standards of the RICRMP.               for marina certification must be submitted to the
                                                                                      CRMC before October 1, 1994.
                              3. Persons proposing to maintain or repair
                           structural shoreline protection facilities shall do so        8. Minor repairs to boating facilities registered
                           in a manner consistent with Section 300.7.G.               in accordance with the Council's Dock Registration
                                                                                      Program and authorized by the Council are
                              4. Persons proposing to maintain previously             permitted without further review provided that the
                           assented structures (other than piers and docks            repairs will not alter the previously authorized
                           associated with marinas) which have physically             design, capacity, purpose, or use of the facility.
                           been destroyed 50 percent or more by storms,               Minor repairs shall only include the repair or
                           waves, or other natural coastal processes shall,           replacement of: decking (does not include
                           upon the determination of the Executive Director,          stringers); handrails; ladders; and, electrical
                           be required to obtain a new Council Assent. Such           wiring and fixtures.
                           activities requiring a new Council Assent shall be
                           reviewed according to the most current applicable


                           Original Edition                                       Page 1                                      Section 300.14






                                                              Rhode Island Coastal Resources Management Program

                         C. Prerequisites

                          1. All applicants for a Certification of
                         Maintenance shall submit for review a valid
                         Council Assent, dimension and/or site plans,
                         photographs, or other information as required to
                         make a proper determination of the nature of the
                         request.

























































                         Original Edition                               Page 2                                  Section 300.14






                                                                      Rhode Island Coastal Resources Management Program

                           Section 300.15.
                           Municipal Harbor Regulations


                           A. Definitions

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


                           B. Additional Category B Requirements

                              1. All municipalities proposing to adopt harbor
                           rules, regulations, or programs shall apply to the
                           Council for a determination of consistency with the
                           Coastal     Resources     Management Program.
                           Municipalities are referred to the Guidelines for
                           the Development of Municipal Harbor Manage-
                           ment Plans for additional detailed standards in
                           establishing harbor rules, regulations or programs.

                              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 determination of consistency with the
                           Coastal Resources Management Program unless
                           such by-law or ordinance affects the planning,
                           regulation, or coordinating functions of the
                           Council.


                              3. The Executive Director is authorized to
                           approve, administratively, municipal harbor
                           regulations and ordinances for an interim period of
                           one year, provided:

                              a) The municipality submits an application for
                              review and approval, by the Executive Director,
                              such that present conditions of the harbor and the
                              uses made of it can be examined;

                              b) In the meantime the municipality undertakes
                              and prepares a comprehensive harbor manage-
                              ment plan, in conformance with the policies and
                              requirements of the CRMP, as amended;

                              c) Until such time as a comprehensive harbor
                              plan is prepared, all activities regulated
                              throughout the CRMP, or which take below the
                              mean high water mark, must come before the
                              CRMC for review and approval, in accordance
                              with established procedures.





                           Original Edition                                       Page 1                                      Section 300.15






                                                                       Rhode Island Coastal Resources Management Program

                            Section 310.                                              or Grading of Shoreline Features" (Section 300.2),
                            Alterations to Freshwater Flows                           as applicable.
                            to Tidal Waters and Water Bodies                             2. See standards given in "Construction of
                            and Coastal Ponds                                         Shoreline Protection Facilities" (Section 300.7), as
                                                                                      applicable.
                            A. Definitions                                               3. See standards given in "Sewage Treatment
                              1. Alterations to the flows of tributaries include      and Disposal" (Section 300.6), as applicable.
                            the installation of dams or other devices that alter
                            flows of tributaries to tidal waters and that
                            significantly change the 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
                            management or may significantly affect the
                            environment 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 consult 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 tributaries and
                            the circulation of tidal water bodies shall require an
                            Army Corps of Engineers permit.


                            D. Standards

                              1. See standards given in "Filling, Removing,


                            Original Edition                                     Page I                                           Section 310






                                                                      Rhode Island Coastal Resources Management Program

                           Section 320.                                                exists to damage the coastal environment, the
                           Inland Activities and                                       Council shall require that an Assent be obtained
                                                                                       and that suitable modifications to the proposal be
                           Alterations That Are Subject                                made.
                           To Council Permitting
                                                                                         2.     Persons       proposing        subdivisions,
                                                                                       co-operatives, and other muld-ownership facilities,
                           A. Definitions                                              [of six (6) units or more] or activities generating
                                                                                       more than 40,000 square feet of impervious
                              1. The activities and alterations inland of              surface any portion of which extends onto a
                           shoreline features and their contiguous areas within        shoreline feature or its contiguous area, or within
                           state boundaries that may require a Council Assent          critical coastal areas, are required to apply for a
                           are solid waste disposal; minerals extraction;              Council Assent.
                           chemical processing, transfer, and storage; power
                           generation (excluding facilities of less than a               Applicants proposing any of these activities shall
                           40-megawatt capacity); petroleum processing,                satisfy all requirements specified in the RICRMP
                           transfer, and storage (excluding storage facilities Of      and any applicable special area management plan.
                           less than 2,400-barrel capacity); and sewage                Applicants shall also submit the following with
                           treatment and disposal (excluding individual                their applications:
                           sewage disposal systems).
                                                                                         (a) A Stormwater Management Plan as required
                             2. Subdivision shall mean the division of a lot,            in Section 300.6 and as described in the most
                           tract, or parcel of land into two (2) or more lots,           recent version of the Rhode Island Stormwater
                           tracts, parcels or other divisions of land for sale,          Design and Installation Manual.
                           lease or other conveyance or for development
                           simultaneously or at separate times.           It also        (b) A soils map of the property (suggested scale
                           includes re-subdivision and when appropriate to the           1:200) with an accompanying analysis of the
                           context, shall relate to the process of subdividing           best-use potential of the soils present; the soils
                           or to land subdivided. In computing six units or              maps and use potentials analysis prepared by the
                           more the units shall be a total cumulative number             U.S. Soil Conservation Service should be used
                           of units on the property proposed after March 11,             as the basis for this analysis.
                           1990, irrespective of ownership of the property or
                           when the units are proposed.                                  (c) An overlay map showing the principal
                                                                                         vegetation types or any significant features
                                                                                         identified by the Natural Heritage Program of
                           B. Policies                                                   the Department of Environmental Management
                                                                                         and the Historic Preservation Commission on the
                              1. The Council shall review all proposals inland           property; the maps prepared by McConnell
                           of the area contiguous to shoreline features which            (1974) and Kupa and Whitman (1972) may be
                           involve any of the above identified activities and            the basis for information on vegetation,
                           alterations. The Council shall determine whether
                           such proposals have a reasonable probability of               (d) An overlay showing the proposed subdivision
                           conflicting with this Program or with adopted                 layout, including buildings, roadways, parking
                           CRMC Special Area Management Plans, or have                   areas, drainage systems, sewage treatment and
                           the potential to damage the coastal environment.              disposal facilities, and undisturbed lands.
                           Since, with the exception of those activities defined
                           below, it is not practically feasible for persons             (e) A Site Plan as detailed in the most recent
                           proposing every activity that may come under                  version of the Rhode Island Stormwater Design
                           Council jurisdiction to undergo such a review, the            and Installation Standards Manual.
                           Council's policy is to assume the responsibility of
                           informing parties proposing such inland activities            Applicants shall submit this information to the
                           or alterations when such a review is considered             Council for review at the earliest stages of
                           necessary.     Where Council jurisdiction has               planning such projects and are required to utilize
                           established that there is a reasonable probability of       the Council's Preliminary Determination process
                           conflict with this Program or an adopted CRMC               in accordance with applicable requirements of the
                           Special Area Management Plan, or where potential            Land Development and Subdivision Review



                           Original Edition                                       Page 1                                         Section 320






                                                                       Rhode Island Coastal Resources Management Program

                            Enabling Act (R.I.G.L. 45-23-25 et. seq). Where            Department of Environmental Management are
                            so requested, all parties shall discuss their findings     required pursuant to the Solid Waste Management
                            and recommendations at the municipality's pre-             Act; and Air Quality Permit will have to be
                            application conference, preliminary hearing, or            obtained from DEM if disposal practices include
                            similar proceeding. The findings and recom-                incineration.     Disposal of hazardous wastes
                            mendations resulting from the coordinated, joint           requires DEM permits pursuant to the R.I.
                            review shall be forwarded to the full Council.             Hazardous Waste Management Program as well as
                            Where the Council finds a reasonable probability           EPA permits.
                            of conflict with this Program or with an adopted
                            CRMC Special Area Management Plan, or finds                  2. Minerals extraction: DEM may require a
                            there is a potential to damage the coastal                 wetlands permit and a Section 401 Water Quality
                            environment, the Council shall require that suitable       Certification; the U.S. Department of Interior,
                            modification to the proposal be made or shall deny         Office of Surface Mining, issues permits for
                            its Assent.                                                mining operations not including sand and gravel
                                                                                       extraction.
                              3. In those cases where a subdivision has been
                            approved by the Council, any person wishing to               3. Chemical processing, transfer, and storage:
                            conduct an approved activity, in accordance with           DEM may require permits pursuant to the Solid
                            the stipulations of the Council Assent, need not           Waste Management Act and the R.I. Hazardous
                            apply for a separate Assent unless so required by          Waste Management Program, as well as an Air
                            a stipulation of the Assent.                               Quality Permit, Section 401 Water Quality
                                                                                       Certification, and a Spill Contingency Plan. The
                              4. Applicants proposing the following projects           DEM may require a Rhode Island Pollution
                            are required to submit these projects for the              Discharge Elimination System (RIPDES) permit.
                            Council's review:
                                                                                         4. Power generation: persons proposing a
                              a) Power-generating plants (excluding facilities         hydroelectric plant are required by DEM to obtain
                              of less than a 40-megawatt capacity);                    a Wetlands Permit, Dam Safety Certificate, and a
                                                                                       Section 401 Water Quality Certification; a
                              b) Petroleum storage facilities (excluding storage       Preliminary Permit will also have to be obtained
                              facilities of less than 2,400-barrel capacity);          from the Federal Energy Regulatory Commission
                                                                                       (FERC). Other power-generating facilities may
                              c) Chemical or petroleum processing facilities;          require a DEM Air Quality Certificate, Section
                                                                                       401 Water Quality Certification, and Spill
                              d) Minerals extraction;                                  Contingency Plan. An NPDES permit may have
                                                                                       to be obtained from EPA Region 1.
                              e) Sewage treatment       and disposal facilities
                              (excluding individual sewage disposal systems);            5. Petroleum processing, transfer, and storage:
                                                                                       DEM may require an Air Quality Certificate, a
                              f) Solid waste disposal facilities; and,                 Section 401 Water Quality Certification, and a
                                                                                       Spill Contingency Plan.
                              g) Desalination plants.
                                                                                         6.    Sewage treatment and disposal: DEM
                              Applicants proposing these activities shall              requires an ISDS permit for on-site sanitary
                            demonstrate in writing that the Additional Category        sewage disposal. Other facilities may require: an
                            'B" requirements contained in Section 300.1 have           Underground Injection Control permit from the
                            been satisfied. If the Council determines that there       DEM; a DEM Section 401 Water Quality
                            is a reasonable probability that the project may           Certification, or a RIPDES permit from DEM.
                            impact coastal resources, then it shall be required
                            to obtain a Council Assent in accordance with all
                            applicable requirements of this program.                   D. Additional Category B Requirements

                                                                                         1. Applicants proposing energy-related facilities
                            C. Prerequisites                                           are referred to the Energy Amendments adopted
                                                                                       by the Council in 1978.
                              I .   Solid waste    disposal: permits from the


                            Original Edition                                      Page 2                                         Section 320






                                                                      Rhode Island Coastal Resources Management Program

                              2. Persons proposing subdivisions, co-                  full Council.       Where the Council finds a
                            operatives, and other multi-ownership facilities, of      reasonable probability of conflict with this
                            six (6) units or more, or facilities which use larger     Program or with an adopted CRMC Special Area
                            Individual Sewage Disposal Systems (as defined in         Management Plan, or finds there is a potential to
                            the RIDEM regulations for Individual Sewage               damage the coastal environment, the Council shall
                            Disposal Systems) which are designed, installed, or       require that suitable modification to the proposal be
                            operated as a single unit to treat more than 2,000        made or shall deny its Assent.
                            gallons per day or any combination of systems
                            owned or controlled by a common owner and                    3. In those cases, where a subdivision has been
                            having a total design capacity of 2,000 gallons per       approved by the Council, any person wishing to
                            day, or facilities requiring one acre or more of          conduct an approved activity, in accordance with
                            parking, any portion of which extends onto a              the stipulations of the Council Assent, need not
                            shoreline feature or its contiguous area, or within       apply for a separate Assent unless by permit
                            the watershed of the poorly flushed estuaries             condition.
                            delineated on the maps accompanying this
                            program, are required to apply for a Council                 4. Subdivision shall mean the division of a lot,
                            Assent.   Applicants shall submit the following           tract, or parcel of land into two (2) or more lots,
                            information to the Council for review in the early        tracts, parcels or other divisions of land for sale,
                            stages of planning such facilities:                       lease or other conveyance or for development
                                                                                      simultaneously or at separate times.
                              (a) A soils map of the property (suggested scale
                              1:200) with an accompanying analysis of the                It also includes re-subdivision and, when
                              best-use potential of the soils present; the soils      appropriate to the context, shall relate to the
                              maps and use potentials analysis prepared by the        process of subdividing or to land subdivided.
                              U.S. Soil Conservation Service should be used,
                              as the basis for this analysis.                            5. In computing six units or more the units shall
                                                                                      be a total cummulative number of units on the
                              (b) An overlay map showing the principal                property proposed after March 11, 1990,
                              vegetation types or any significant features            irrespective of ownership of the property or when
                              identified by the Natural Heritage Program of           the units are proposed.
                              the Department of Environmental Management
                              and the Historic Preservation Commission on the
                              property; the maps prepared by McConnell                E. Standards
                              (1974) and Kupa and Whitman (1972) may be
                              the basis for information on vegetation.                   1. See standards given in "Filling, Removing,
                                                                                      or Grading" (Section 300.2), as applicable.
                              (c) An overlay showing surface drainage patterns
                              and, where available, information on the depth             2. See standards given in "Residential,
                              to groundwater and the direction and volume of          Commercial, Industrial, and Public Recreational
                              groundwater flows.                                      Structures" (Section 300.3), as applicable.

                              (d) An overlay showing the proposed subdivision            3. See standards given in "Sewage Treatment
                              layout, including buildings, roadways, parking          and Disposal" (Section 300.6), as applicable.
                              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 concurrent       .
                            review. The city or town in which the action is
                            proposed shall be notified of the review and invited
                            to participate; where so requested, all parties shall
                            discuss their findings and recommendations at the
                            municipality's      pre-application       conference,
                            preliminary hearing, or similar proceeding. The
                            findings and recommendations resulting from the
                            coordinated joint review shall be forwarded to the



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                                                                       Rhode Island Coastal Resources Management Program

                            Section 325.                                               possible, restoring the environmental quality.
                            Activities Located within                                  Managing these ecosystems requires managing the
                                                                                       impacts associated with onsite sewage disposal,
                            Critical Coastal Areas                                     nutrient loadings to groundwater, stormwater
                                                                                       runoff, erosion and sedimentation, changes in
                                                                                       salinity levels, alterations to wetlands, and the
                            A. Definitions                                             degradation of other sensitive aquatic and
                                                                                       terrestrial habitats as a result of development.
                              1. Critical coastal areas, which include                 Because the poorly flushed estuaries are
                            watersheds of poorly flushed estuaries, are                particularly susceptible to the cumulative and
                            geographic areas which may vary in their                   secondary impacts of development, managing these
                            ecological functions and generally require specific        ecosystems requires a comprehensive and
                            initiatives to manage them. Thus the CRMC has              coordinated long-term management approach as
                            developed special area management (SAM) plans              well as protective measures in excess of those
                            in order to address the specific environmental             afforded by the RICRMP.
                            concerns of these priority management areas and
                            to carry out its federal mandate for managing areas          Accordingly, the Council has developed Special
                            of particular concern. The CRMC SAM plan for               Area Management Plans which contain ecosystem-
                            Providence Harbor addresses issues such as water           based management strategies that address diverse
                            quality, public access, and urban waterfront               issues consistent with the Council's legislative
                            development. The Interstate SAM plan for the               mandate to preserve and restore ecological
                            Pawcatuck River Estuary and Little Narragansett            systems. Central to this strategy is the recognition
                            Bay is a management plan which addresses public            of complex interrelationships within the ecosystem.
                            access, water quality, recreational boating, and           Special pollution concerns as well as cumulative
                            inter-state coordination issues with Connecticut.          and secondary impacts of various development
                            The SAM plans for the Narrow River and Salt                activities on coastal resources require the Council
                            Pond regions address cumulative and secondary              to review specified activities inland of the 200 foot
                            impacts of development in, and adjacent to, poorly         contiguous area within critical coastal areas
                            flushed estuaries, and focus primarily on nonpoint         because the activities have a reasonable probability
                            source pollution, groundwater contamination, and           of conflicting with the goals and objectives of the
                            on-site sewage disposal systems (OSDSs). The               special area management plans and lead to clear
                            following apply to activities within critical coastal      impacts on coastal resources.          The specified
                            areas.                                                     activities correspond to major land uses and
                              2. Subdivision: shall mean the division of a lot,        impacts on the ecosystem.
                            tract, or parcel of land into two (2) or more lots,
                            tracts, parcels or other divisions of land for sale        C. Policies
                            lease or other conveyance or for development
                            simultaneously or at separate times.           It also       1. Since, with the exception of those activities
                            includes re-subdivision and when appropriate to the        defined below, it is not practical for every activity
                            context, shall relate to the process of subdividing        that may come under Council jurisdiction to
                            or to land subdivided. In computing six units or           undergo review, the Council's policy is to assume
                            more the units shall be a total cumulative number          the responsibility of informing parties proposing
                            of units on the property proposed after March 11,          such inland activities or alterations when such a
                            1990, irrespective of ownership of the property or         review is considered necessary.
                            when the units are proposed.
                                                                                         The Council has determined that the following
                                                                                       activities within the watersheds of poorly flushed
                            B. Findings                                                estuaries have a reasonable probability of
                                                                                       conflicting with the management goals and
                              1. It is the goal of the Council to manage the           objectives of this program or the Council's special
                            watersheds of poorly flushed estuaries and critical        area management plans:
                            coastal areas as an ecosystem, and to maintain the
      40                    scenic qualities and habitats of the region, in              a) Subdivisions, cooperatives, and other multi-
                            addition to the diversity and intensity of activity.         ownership facilities [of six (6) units or more];
                            This requires that the Council balance multiple
                            uses of the region, while preserving and, where


                            Original Edition                                      Page I                                          Section 325






                                                                       Rhode Island Coastal Resources Management Program

                              (b) A structure serviced by an on-site sewage              The city or town in which the action is proposed
                              disposal system serving 2,000 gallons or more            shall be notified of the review and invited to
                              per day;                                                 participate.    Applicants for subdivisions shall
                                                                                       submit this information to the Council for review
                              (c) An activity which results in the creation of         at the earliest stages of planning such projects and
                              40,000 sq. ft. or more of impervious surface;            are required to utilize the Council's Preliminary
                                                                                       Determination process in accordance with
                              d) Construction or extension of municipal or             applicable requirements of the Land Development
                              industrial sewage treatment facilities and sewer         and Subdivision Review Enabling Act (R.I.G.L.
                              lines; and,                                              45-23-25 et. seq). Where so requested, all parties
                                                                                       shall discuss their findings and recommendations at
                              e) Construction or extension of water distribution       the municipality's pre- application conference,
                              systems and/or supply lines.                             preliminary hearing, or similar proceeding. The
                                                                                       findings and recommendations resulting from the
                              Applicants proposing these activities within             coordinated, joint review shall be forwarded to the
                            critical coastal areas are required to apply for a         full Council.       Where the Council finds a
                            Council Assent.                                            reasonable probability of conflict with this
                                                                                       Program or with an adopted CRMC Special Area
                              2. Applicants proposing any of the activities            Management Plan, or finds there is a potential to
                            identified above shall satisfy all applicable              damage the coastal environment, the Council shall
                            requirements specified in the RICRMP as well as            require that suitable modification to the proposal be
                            the Council's special area management plans.               made or shall deny its Assent.
                            Applicants are also required to submit the
                            following with their applications:                           3. Applicable requirements of the RICRMP shall
                                                                                       apply unless superseded by the requirements of a
                              a) A Stormwater Management Plan prepared in              special area management plan.
                              accordance with Section 300.6.
                                                                                         4. In those cases where a subdivision has been
                              b) An erosion and sediment control plan                  approved by the Council, any person wishing to
                              prepared in accordance with the standards                conduct an approved activity, in accordance with
                              contained in Section 300.2.                              the stipulations of the Council Assent, need not
                                                                                       apply for a separate Assent unless so required as a
                              c) A soils map of the property (suggested scale          stipulation of Assent.
                              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         D. Standards
                              U.S. Soil Conservation Service should be used
                              as the basis for this analysis.                            1. See standards given in "Filling, Removing,
                                                                                       or Grading" (Section 300.2) as applicable.
                              d) An overlay map showing the principle
                              vegetation types or any significant features               2. See standards given in "Residential,
                              identified by the Natural Heritage Program of            Commercial, Industrial, and Public Recreational
                              the Department of Environmental Management               Structures" (Section 300.3), as applicable.
                              and the Historic Preservation Commission on the
                              property; the maps prepared by McConnell                   3. See standards given in "Sewage Treatment
                              (1974) and Kupa and Whitman (1972) may be                and Disposal" (Section 300.6), as applicable.
                              the basis for information on vegetation.

                              e) An overlay showing the proposed subdivision
                              layout, including buildings, roadways, parking
                              areas, drainage systems, sewage treatment and
                              disposal facilities, and undisturbed lands.

                              f) A Site Plan as detailed in the most recent
                              version of the Rhode Island Stormwater Design
                              and Installation Standards Manual.



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                                                                       Rhode Island Coastal Resources Management Program

                            Section 330.                                                  3. In new developments, trees should be planted
                            Guidelines for the Protection                              in the drifts that generally follow land contours and
                                                                                       parallel the water's edge rather than in lines that
                            and Enhancement of the Scenic                              cut across landscape contours.
                            Value of the Coastal Region
                                                                                          4. Disruptions of natural landform and
                            A. General Guidelines                                      vegetation should be minimized.
                                                                                          5. New developments should not compete
                               1. The primary goal of all Council efforts to           visually with such significant shoreline features as
                            preserve, protect, and, where possible, restore the        coves, peninsulas, cliffs, and bluffs; they should be
                            scenic value of the coastal region is to retain the        set back and screened.
                            visual diversity and often unique visual character
                            of the Rhode Island coast as it is seen by hundreds
                            of thousands of residents and tourists each year           C. In and Adjacent to Type 3, 5, and
                            from boats, bridges, and such public vantage points        6 Waters
                            as roadways, public parks, and public beaches.
                                                                                          1. In all areas adjacent to Type 3 and 5 waters
                               2. Every effort should be made to safeguard             and, where appropriate, adjacent to Type 6 waters,
                            from obstruction significant views to and across the       the public should, where possible, be provided a
                            water from highways, scenic overlooks, public              sense of the water from within the townscape.
                            parks, and other vantage points enjoyed by the             Views to and across the water through yards,
                            public.                                                    between houses, and from roadways should be
                               3. The importance of the skyline as seen from           preserved and, where possible, created.
                            tidal waters in determining the character of a view           2. When new structures are proposed adjacent to
                            site must be recognized; it should, where possible,        Type 3 and 5 waters, the character of new
                            not be disrupted by visually intrusive structures.         structures should be consistent and in character
                               4. On sites in or adjacent to historic features and     with existing buildings.       The design of new
                            districts, new structures should be designed to            structures should be based on an analysis of the
                            provide continuity with the existing scenic and            patterns of existing buildings, including rooflines,
                            historic character.       Within historic districts,       roof slopes, building materials, colors, and
                                                                                       window patterns. It is not necessary, however, to
                            applicants shall consult with the Historic                 imitate pre-twentieth-century structures.
                            Preservation Commission to identify means for
                            minimizing disruption and, where possible,
                            enhancing the historic value of the area.

                               5. Excellent guidance for preserving the visual
                            character and quality of coastal landscapes in
                            Rhode Island are contained in "Building at the
                            Shore: A Handbook for Residential Development
                            on the Rhode Island Coast." Review copies are
                            available at the Council's offices in Providence.



                            B. In and Adjacent to Type 1, 2, and
                            4 Waters

                               1. Structures along the water's edge should be
                            screened by vegetation, preferably with native
                            species typical to the area rather than exotic.

                               2. Trees that form the first line of visual
                            definition as one looks landward from the water
                            should be preserved.



                            Original Edition                                       Page 1                                         Section 330






                                                                      Rhode Island Coastal Resources Management Prorm



                                                                                      agency. Boards, commissions, departments, or
                                                   Glossary                           offices thereof, other than the legislature or the
                                                                                      courts, authorized by law to make rules, determine
                                                                                      contested cases, or issue permits.

                                                                                      agricultural land. (1) Tilled or tillable land upon
                                                                                      which a crop is being or has recently been pro-
                                                                                      duced; (2) actively managed orchards, nurseries
                                                                                      and cranberry bogs, and (3) 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 2 10. 1.

                                                                                      coastal headlands, bluffs, and cliffs. See Section
                                                                                      210.4


                                                                                      coastal environinent. The complete system of
                                                                                      living organisms and physical surroundings within
                                                                                      the waters and shorelands of estuaries, the
                                                                                      nearshore ocean and the terrestrial areas influenced
                                                                                      by this system.

                                                                                      coastal ponds. A coastal lagoon usually located



                           Original Edition                                     Page I                                              Glossary






                                                                        Rhode Island Coastal Resources Management Program

                            behind a barrier which, in its natural condition,           eutrophication.      Nutrient enrichment to the
                            permanently or occasionally exchanges waters with           aquatic environment, leading to excessive growth
                            the ocean.                                                  to aquatic plants, which can detrimentally alter
                                                                                        water quality parameters, particularly oxygen
                            coastal wetlands. See Section 210.3                         concentration.

                            compelling public purpose. Of such concern to               fauna. Animal life.
                            the public welfare that it outweighs private of
                            individual interests.                                       filling in tidal waters. See Section 300. 10.

                            Council. The Rhode Island Coastal Resources                 filling on shoreline features. See Section 300.2.
                            Management Council.
                                                                                        floating business. See Section 300.5.
                            Council meeting. Any meeting of the full Council
                            or a subcommittee.                                          flora. Plant life.

                            Council representative. A person appointed or               footprint. The square footage of the ground floor
                            employed as the Council's representative or agent.          area encompassed by the structural foundation of
                                                                                        a building.
                            depositing shore. A shore which is accumulating
                            sand or other sediments, as opposed to a shore              glacial till. Unconsolidated and unsorted material
                            which is eroding.                                           left by the movement of glaciers, consisting of
                                                                                        clay, sand, gravel, and boulders.
                            developed barrier beaches. See Section 210.2
                                                                                        grading of shoreline features. See Section 300.2.
                            development. Any material change in the use of
                            any structure or land or water body, including but          groin. See Section 300.7.
                            not limited to any building mining, dredging,
                            fillings, excavation, or drilling operation:                houseboat. See Section 300.5.
                            alteration of the shore, rivers, streams, lakes or
                            ponds: devegetation, demolition, deposition of fill,        hydrologic. Related to water.
                            solid or liquid waste: construction, installation,
                            reconstruction of a structure: a change in the type         individual sewage disposal system (ISDS). See
                            of class or use of land: or a material increase in          Section 300.6
                            the intensity of use.
                                                                                        larva. The early form of an animal that at birth or
                            discharge.      Any spilling, leaking, pumping,             hatching is fundamentally unlike its parent and
                            pouring, emitting, emptying, or dumping either              must metamorphose before assuming the adult
                            directly or indirectly to the waters of the state of        form.
                            Rhode Island.
                                                                                        launching ramp. See Section 300.4.
                            dune. See Section 210.7
                                                                                        license. Includes the whole or part of any agency
                            ecosystem. A system formed by the interaction of            permit, certificate, approval, registration, charter,
                            a community of organisms with their environment.            or similar form of permission required by law, no
                                                                                        including those required solely for revenue
                            eMuents. The outflow from a river, a pipe, or               purposes.
                            other watercourse.
                                                                                        longshore current. A current that flows parallel
                            energy-related activities and structures. See               and adjacent to the shoreline.
                            Section 300.8.
                                                                                        maintenance of structures. See Section 300.14.
                            estuary. A semi-closed body of water that has
                            free connection with the open sea within which              manmade shoreline. See Section 210.6.
                            seawater is measurably diluted with fresh water
                            derived from land drainage.                                 marina. See Section 300.4.



                            Original Edition                                       Page 2                                              Glossary






                                                                      Rhode Island Coastal Resources Management Program

                            mosquito control ditching. See Section 300.12.            recreational mooring area. See Section 300.4.

                            municipal harbor regulations.           See Section       removing a shoreline feature. See Section 300.2
                            300.15.
                                                                                      residential boating facilities. See Section 300.4.
                            ocean dumping. Disposal of non-dredged waste
                            materials from vessels or by other means into             residential, commercial, industrial, and public
                            marine waters: ocean dumping does not include             recreational structures. See Section 300.3.
                            discharges of effluent incidental to the operation of
                            vessels, the dumping of fish wastes, or the               restoration.      Return to a condition closely
                            placement or deposit of materials on the sea floor        resembling a former, original, normal, or
                            for the purpose of enhancing fisheries.                   unimpaired condition.

                            one-hundred-year flood level. The area above              restoration orders. See Section 170.
                            mean high water which has a probability of being
                            flooded once in a one-hundred-year period. The            revetment. See Section 300.7.
                            line has been designated by the Department of
                            Housing and Urban Development.                            riparian rights. The rights of a person owning
                                                                                      land containing or bordering on a watercourse
                            person. Any individual, partnership, corporation,         related to access to the water, certain privileges
                            association, governmental subdivision, or public or       regarding its uses, and the benefits of accretions
                            private organization of any character other than an       and relictions.
                            agency.
                                                                                      riprap. See Section 300.7.
                            petroleum hydrocarbons. A compound origin-
                            ating from an oil, gas, or other petroleum base,          rocky shore. See Section 210.5.
                            and composed primarily or hydrogen and carbon.
                                                                                      runoff. That portion of precipitation which is not
                            petroleum products. Includes crude or refined             absorbed into the ground and which drains
                            oils, kerosene, gasoline, natural gas, or liquified       naturally or through manmade channels to surface
                            natural gas (LNG), liquified petroleum gas (LPG),         water bodies.
                            synthetic natural gas (methane or SNG), or other
                            petroleum derivatives.                                    scarp. A line of cliffs, bluffs produced by faulting
                                                                                      or erosion.
                            physiographic features. A landform or element
                            of the landscape.                                         seawall. See Section 300.7.

                            plankton. Small, suspended aquatic plants and             sedimentation. The settling to the bottom of
                            animals which drift or swim weakly in the water           suspended sediments.
                            column.
                                                                                      setbacks. The minimum distance from the inland
                            priority of use. Reflection of the Council's              boundary of a coastal feature at which an approved
                            assessment of those uses deemed most likely to be         activity or alteration may be permitted.
                            consistent with adopted Council policies and
                            regulations.,                                             sewage. See Section 300.6.

                            Program. As stated in this document, the State of         sewage treatment plant. See Section 300.6.
                            Rhode Island Coastal Resources Management
                            Program.                                                  shoreline category/type.         One of the seven
                                                                                      categories of Rhode Island Shoreline designated as
                            public roadways, bridges, and parking lots,               part of this Program,
                            railroad lines and airports. See Section 300.13.
                                                                                      shoreline protection facilities. See Section 300.7.
                            recreation. Any voluntary experience engaged
                            primarily during leisure time from which the              significant damage to the environment.
                            individual derives satisfaction.                          Detriment,     harm,     or    destruction    of the



                            Original Edition                                      Page 3                                             Glossary






                                                                    Rhode Island Coastal Resources Management Program

                           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 Exceptions. See Section 130.

                           storm surge. An elevation in the sea surface from
                           the effects of a storm.

                           substantive objections. See Section 110.3.

                           undue hardship. An inappropriate, unsuitabl        e,
                           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 from
                           transportation, recreation, energy production, or
                           source of water:        also includes non-water-
                           dependent activities that provide access to the shore
                           to broad segments of the public.

                           water use category/type.          One of six use
                           designations assigned to Rhode Island coastal
                           waters as part of this Program.























                           Original Edition                                     Page 4                                           Glossary






                                                                      Rhode Island Coastal Resources Management Progrifun


                                                                                       Boothroyd, Jon, and Abdullah Al-Saud. 1978. Survey of
                                                                                       the Susceptibility of the Narrgansett Bay Shoreline to
                                                                                       Erosion. Unpublished Report to the University of
                                              References                               Rhode Island Coastal Resources Center.
                                 and Additional                                        Coastal Resources Management Council, Rhode Island.
                                                                                                   Island Stormwater Design and Installation
                                                                                       Standards Manual. Wakefield, RE Rhode Island Coastal
                                               Sources of
                                          Information                                  Resources Management Council.
                                                                                       Coastal Resources Center. 1980. Providence Harbor:
                                                                                       An Agenda for Action. A Report to the Harbor Estuary
                                                                                       and Land Planning Advisory Committee of the Coastal
                                                                                       Resources Management Council. University of Rhode
                                                                                       Island.

                                                                                       Collins, Clarkson, and Stephen Sedgwick.         1979.
                                                                                       Recreational Boating in Rhode Island's Coastal Waters:
                                                                                       A Uok Forward. Coastal Resources Center, URI
                                                                                       Marine Technical Report 75.

                                                                                       Department of Environmental Management, Rhode
                                                                                       Island (RIDEM). 1990. 7he Rhode Island Landscape
                                                                                       Inventory: A Survey of the State's Scenic Areas
                                                                                       (Providence, RE RIDEM, Division of Planning and
                                                                                       Development, January).

                                                                                       Department of Environmental Management, Rhode
                                                                                       Island and USDA Soil Conservation Service. 1989.
                                                                                       Rhode Island Soil Erosion and Sediment Control
                                                                                       Handbook. Warwick, RI: USDA, Soil Conservation
                                                                                       Service.


                                                                                       Desbonnet, A., P. Pogue, N. Wolff and V. Lee. 1994.
                                                                                       Vegetated Buffers in the Coastal Zone: A Summary
                                                                                       Review and Bibliography. Contribution No. 2064 of the
                                                                                       University of Rhode Island Coastal Resources Center
                                                                                       (Kingston, RI: University of Rhode Island, Coastal
                                                                                       Resources Center).

                                                                                       Environmental Protection Agency (EPA). 1993.
                                                                                       Guidance Spec#5?&tg Management Measuresfor Sources
                                                                                       of Nonpoint Pollution in Coastal Waters. U.S.
                                                                                       Environmental Protection Agency, Office of Water.
                                                                                       EPA Report 840-B-92-002 (Washington, DC: EPA,
                                                                                       Office of Water, January)."

                                                                                       Farrell, Joseph, and Niels Rorholm. 1981. Personal
                                                                                       communication to the Coastal Resources Center.

                                                                                       Kupa, John J., and William R. Whitman. 1972. I-and
                                                                                       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
                                                                                       Resources Center, URI Marine Technical Report 73.





                            Original Edition                                     Page I                                            References






                                                                       Rhode Island Coastal Resources Management Program

                            MacConnell, William P. 1114. Remote Sensing Land           State of Rhoda Island, Statewide Planning Program.
                            Use and Vegetative Covers in Rhode Island. Bulletin        1976. Plan for Recreation, Conservation and Open
                            200. University of Massachusetts, Amherst, Mass.,          Space.
                            July 1974.
                                                                                                        1980. Coastal Community LAnd Use
                            Olsen, Stephen B., and Malcolm J. Grant. 1973.             Review. Technical Paper 82.
                            Rhode Island's Barrier Beaches, Vols. I and H. A
                            Report on a Management Problem and an Evaluation of        State of Rhode Island, Department of Environmental
                            Options.   Coastal Resources Center. URI Marine            Management 1982.       A Guide to Land Resources
                            Technical Report 4.                                        Permits.

                            Olsen, Stephen, and Virginia Lee. 1979. A Summary                              1983. Open Space Preservation in
                            and Preliminary Evaluation of Data Pertaining to the       Rhode Island, An Inventory of Significant Sites.
                            Water Quality of Upper Narragansett Bay. Coastal
                            Resources Center, University of Rhode Island.                                    and the Regional LAnd Program,
                                                                                       Inc. 1983. Building at the Shore, A Handbook for
                            Olsen, Stephen B., and David K. Stevenson. 1975.           Residential Development on the Rhode Island Coast.
                            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
                            Narragansett Bay: An Urban Estuary in Transition.
                            Coastal Resources Center. URI Marine Technical
                            Report 79.

                            Schueler, T. R.. 1987. Controlling Urban Runoff.- A
                            Practical Manualfor Planning and Designing Urban
                            BMPs. Washington, DC: Metropolitan Washington
                            Council of Governments.


                            Schueler, Thomas R.. 1992. A Current Assessment of
                            Urban Best Management Practices: Techniques for
                            Reducing Non-Point Source Pollution in the Coastal
                            Zone. Washington, DC: Department of Environmental
                            Programs, Anacostia Restoration Team, Metropolitan
                            Washington Council of Goveriunents. Prepared for the
                            U.S. Environmental Protection Agency, Office of
                            Wetlands, Oceans, and Watersheds. March.

                            Seavey, George L. 1975. Rhode Island'd Coastal
                            Natural Areas:       Priorities for Protection and
                            Management. Coastal Resources Center. URI Marine
                            Technical Report 43.

                            Seavey, George 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, UR.I 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.





                            Original Edition                                      Page 2                                           References








                                                                                      Boundary Line Designations

                                                                                       The following boundary line, designations
                                                    Maps of                           describe those points along the coastline where one
                                                                                      water use type changes to another. Each mapped
                                             Water Use                                boundary is coded by letter on each quadrangle
                                             Categories                               map to a verbal description as listed below.
                                                                                      Except where otherwise noted, the water use
                                                                                      classifications along any shoreline reach and
                                                                                      between any two boundary line designations run
                                                                                      parallel to the general coastal trend and extend 500
                                                                                      feet seaward ftom 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 classified
                                                                                      as type 3, 4, 5, or 6 waters, as appropriate.



                                                                                      Legend

                                                                                               Water use category
                                                                                               Type I  conservation areas (Section 200-1)
                                                                                      LF       Type 2  low-intensity use (Section 200.2)
                                                                                               Type 3  high-intensity boating (Section 200.3)
                                                                                               Type 4  multipurpose waters (Section 200.4)
                                                                                               Type 5  commercial and recreational harbors
                                                                                                       (Section 200.5)
                                                                                               Type 6  industrial waterfronts and commercial
                                                                                                       navigation channels (Section 200-6)

                                                                                               Boundary between water use categories



                                                                                               Coastal wetiand in Type 3, 4, 5. and 6 waters
                                                                                      Fil      designated for preservation (Section 210.3)

                                                                                      r_--77-_7 Boundary of barrier beaches (Section 210.2 and
                                                                                          M A  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)
                                                                                               (A) 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
                                                                                               (Section 320)






                                                                        Rhode Island Coastal Resources Management Program

                             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.










































                             Original Edition                                      Page 1                                   Quadrangle Maps

















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                                                                      Rhode Island Coastal Resources Management Program

                            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.











































                            Original Edition                                     Page 2                                    Quadrangle Maps










                                             :TATES                                                                                             I-QDE -@D
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                                                                      Rhode Island Coastal Resources Management Program

                           Kingston Quadrangle                                        i  A straight line running generally westerly from
                                                                                         the border between the RL80 and open-space
                           a  A straight line running south along the outside            zones on Gooseberry Island to the border
                              of the eastern jetty at the Point Judith Pond              between the open-space and commercial zones
                              breachway.                                                 south of the Kenport Marina.
                           b  A line running generally southerly, following          J   A straight line running from a southern tip of
                              the outside of the western jetty and breakwater            land now or formerly of Collins/Bassett/Murray
                              at the Point Judith Pond breachway and Harbor              to the most easterly side of a small salt marsh
                              of Refuge.                                                 on land now or formerly of Woodcock/
                                                                                         Roberton/McCall.
                           c  A straight line running generally north along the
                              eastern side of the Point Judith Pond
                              breachway, and extending into pond waters to
                              a point where a perpendicular with the Port of
                              Galilee bulkhead is a distance of 200 feet;
                              thence turning generally northeasterly, then
                              generally     northwesterly,     then     generally
                              northeasterly again, paralleling and maintaining
                              the 200 foot distance from the bulkhead, to a
                              point northwest of the northwest corner of the
                              Galilee bulkhead; thence turning an angle
                              generally to the southeast and running 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-northwesterly,
                              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.

                           h  A line across Congdon Cove from the southern
                              tip of the peninsula on the west side of
                              Billington Cove to the southeastern tip of
                              Cummock Island; thence turning due westerly
                              unfil it touches the mainland on the south side of
                              Congdon Cove.



                           Original Edition                                      Page 3                                    Quadrangle Maps










                                                                                                                                                                KINGSTON QUADRANGLE
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                                                                       Rhode Island Coastal Resources Management Program

                             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 Shore Point.

                             c A straight line extension of the south side of
                               Bonnet Shores Road.

                             d A straight line across the entrance to
                               Pettaquarnscutt Cove from the northernmost tip
                               of land at Little Neck West of the Sprague
                               Bridge,    thence    generally      northwesterly,
                               touching the northeastern border of the wetland
                               called "sedge beds", thence continuing straight
                               to where it meets land on the northern part of
                               the cove entrance.

                             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.

                             i A straight line across the inlet to Champlin
                               Cove from the tip of Cedar Point to the
                               southernmost point on Harbor Island.

                             j A line along the outside of the Harbor of
                               Refuge breakwater.

















                             Original Edition                                     Page 4                                   Quadrangle Maps










                                        NITEO S ATE$                                                                                            NARRAOANSETT PIEP CTUA15RA.,ICILE
                                  DEPAPTU ENT OF THE INTERIOR                                                                                            RHODE ISLAND
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                                                                     Rhode Island Coastal Resources Management Program

                           Wickford Quadrangle                                          southeasterly to where it meets the opposite
                                                                                        shore on Little Tree Point.

                           a A line along the east bulkhead wall in the small        p  A straight line along the north side of Waldron
                              ernbayment on the south side of the Allen                 Avenue.
                              Harbor entrance channel to where it meets the
                              opposite shore.                                        q  A straight line along the south side of the
                                                                                        industrially zoned land.
                           b,c Boundaries were removed prior to Program
                               adoption.                                             r  A straight line extension of the boundary
                                                                                        between the RL and RH zones.
                           d  A straight line extension from the end of the
                              fence separating former Navy lands from                s  A straight line extension of the southern border
                              private lands, extending offshore 2,000 feet              of the open-space zone on the east side of the
                              then turning generally easterly and running to ;          Pettaquamscutt River.
                              point where it meets the southern side of the
                              Navy channel.

                           e  A line along the western side of the breakwater
                              from Sauga Point, running across the entrance
                              channel to Wickford Harbor and along the
                              western side of the breakwater from Poplar
                              Point.

                           f  A straight line from the base of the breakwater
                              at Sauga Point to the eastern tip of Cornelius
                              Island.


                           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.


                           i  A 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.

                           I  A straight line from the southern tip of Rabbit
                              Island to the western side of the launching ramp
                              at Long Point.

                           rn A straight line extension of the northeast side of
                              Enfield Avenue.


                           n  A straight line extension of Pleasant Street

                           o  A straight line across the entrance to Duck
                              Cove at its narrowest point from the northern
                              side of the small peninsula, running generally


                           Original Edition                                    Page 5                                    Quadrangle Maps










                                                UNITEDl@-ATES                                                                                                                          WICKFORD QUADRANOLE
                                         DEPAII MENT 01 THE !NTERICR                                                                                                                        R111E 11,1ND
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                                                                      Rhode Island Coastal Resources Management Program


                            East Greenwich Quadrangle

                            a A straight line extension from the south side of
                              a launching ramp facility on the northern side
                              of Passeonkquis Cove.

                            b A straight line running from a point of land 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 Buttonwood 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.

                            i A straight line along the western side of
                              Beachwood Drive.

                              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.

                            m A straight line from the northern end of
                              Narragansett Street.

                            n A straight line from the northern boundary of
                              Navy property.






                            Original Edition                                     Page 6                                   Quadrangle Maps











                        UNITED STATFS
                     DEPARTMENT OF THE INTERIOR                                           EAST GREENWICH QUADRANGLE
                       GEOLOGICAL SURVEY                                                       ODE ISLAND
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                                                                   Rhode Island Coastal Resources Management Program

                         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 westerly
                             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 Edgewood
                             breakwater, thence easterly to the dolphin on
                             the cast side of dredged access channel to Fields
                             Point, then 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 northeast
                             tip of Salter Grove to the Pawtuxet Cove
                             breakwater.






























                         Original Edition                                    Page 7                                  Quadrangle Maps











                                                   NITED STATES
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                                                                 Rhode Island Coastal Resources Management Program

                         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.

                         e  A straight line extension of George Finnerty
                            Road.










































                         Original Edition                                  Page 8                                Quadrangle Maps











                                                                           UNITED S ATES                                                                                                                                                                                            EAST PROVIDENCE QUADRANGLE
                                                       V,       DEPARTMENT 01 THE INTERIOR                                                                                                                                                                                             M ASSACHUSETTS -RHODE ISLAND
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                                                                      Rhode Island Coastal Resources Management Program

                            Bristol Quadrangle                                           to the boundary between the industrial and
                                                                                         commercial zones on the Bristol waterfront.

                            a A straight line along the southern bulkhead wall          sThe northern side of the bridge or culvert to
                              of Lavin's Marina, then straight across the                Mill Pond.
                              channel to where it meets the end of Willow
                              Way.                                                      tThe eastern side of the bridge over Silver
                                                                                         Creek.
                            b A line from the southeastern end of Blanding              uA straight line extension of Fairview Avenue.
                              Avenue running generally southeasterly across
                              the channel to where it meets the end of Willow
                              Way.                                                      vThe eastern side of the Mount Hope Bridge.
                            c A line along the edge of a salt marsh at the end          wA straight line extending northerly from the
                              of Appian Way.                                             boundary of Lots 8 and 9, Town Map 17.
                            d The outlet of a small pond and stream south of            xA straight line extending easterly from a point
                              Beach Road.                                                50 feet north of the edge of the adjacent marsh.

                            e The northwestern border of the salt marsh.                yA tine extending northerly from the northern tip
                                                                                         of Hog Island.
                            f A straight fine extension of Adam's Point Road.           zThe outlet of Mill Creek.
                            g A straight line extension of the south side of
                              Ferry Lane.                                               aa A straight line from the tip of Gull Point
                                                                                           running generally south-southwesterly, to the
                            h Along the southern side of the old railroad                  boundary between state and private lands on
                              causeway.                                                    Prudence Neck. (The water use classification
                                                                                           boundary around the north end of Prudence
                            i Along the westerly side of the Barrington River              Island and Patience Island follows the 18-foot
                              at the tidal creek entrance.                                 bathymetric contour line. This is consistent
                                                                                           with the boundary of the area protected by
                            j A straight line from the north side of the end of            provisions of the federal Estuarine Sanctuary
                              Stanley Avenue running due easterly to a point               Program.)
                              of land on the opposite shore.                            bb A straight line extension of Talcott Street.
                            k Along the pipeline crossing of Belcher Cove.              cc A straight line extension of Lippitt Avenue.
                            I Along the southern side of the old railway
                              causeway.

                            m A straight line extension of the south side of
                              Company Street.

                            n At the southern end of the industrially zoned
                              area.


                            o At the outlet of a small stream south of Locust
                              Street.


                            p At the Bristol/Warren town line.

                            q Along the inside of the new bridge.

                            r A straight line from the boundary between
                              RM20 and RM40 zones on Poppasquash Neck


                            Original Edition                                      Page 9                                   Quadrangle Maps










                                         '@NTTIED ST@FS                                                                                                         VTAI,P@X';I.J.
                                    'J@'J@VHNT OF THF, IN7ERIOR
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                                                                  Rhode Island Coastal Resources Management Prognyn

                           Prudence Island Quadrangle

                           a A line perpendicular to the shore from the
                             southern side of the rocky extension north of
                             Prudence Park.


                           b A line from the outlet of a small, westerly
                             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 privately
                             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 southerly, 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
                             northernmost tip of Coddington Point.

                           h A line bordering the southermost 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 Aquidneck Island.

                           j A straight line extending from the southern tip
                             of Coaster's Harbor Island to a point where it
                             meets with a straight line extension of an
                             unnamed road.


                           k A straight line extension from the southern side
                             of Weeden Lane.

                           I A line bordering the southern side of the
                             Newport Bridge.







                           Original Edition                                Page 10                                  Quadrangle Maps











                                         INITED STATES                                                                                                    PRUDENC ISLAND OUADRANOLE
                                   D__,  MENT OF THE :NTERIOR                                                                                               RHODE ISLAND-NEWPORT CO.
                                       GEOLOGICAL SURVEY                                                                                                   75 MINUTE SERIES 4TOPOURAPHICI

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                                                                    Rhode Island Coastal Resources Management Program

                          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 Haffenreffer
                             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 Hummock Avenue
                             at the entrance to Blue Bill Cove.

                          e  A straight fine connecting the north sides of the
                             abutments of the former Old Stone Bridge.






































                          Original Edition                                   Page 11                                  Quadrangle Maps











                                              UNITED STATES                                                                                                                   FALL RWER OUADRANGLE
                                        .--l..N1 OF T.. IIII.Rl..                                       COMMONWENLTIA OF MAS6`ACHU5ZTr$                                                         ISIAND
                                            QVIOLOWCAL SURVEY                                                                                                                        WRIES O@P@RAPNIP



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                                                              Rhode Island Coastal Resources Management Program

                         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.


                         d A straight line along the south side of the
                           Nannaquaket Pond Bridge.

















































                         Original Edition                              Page 12                               Quadrangle Maps









                                            UNITED STATES                                       STATE OF MASSACHUSETTS                                      I-ODE I-D - I-I@HUSE-S
                                     DEPARTMENT OF THE INTERIOR                                 VEPARTMENT OF PUBLIC @ORKS                                    TrVEI;LTON QUADRANGLE
                                          GEOLOGICAL SURVEY                                    @ILLIAM RCALLAHAMCO.MISSIONER
                                                                                                                                                            ...........

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                                                               Rhode Island Coastal Resources Management Program


                        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.


























































                        Original Edition                               Page 13                               Quadrangle Maps











                                          UNTI'ED STATFS
                                                                                                                                                        SAKONNET POINT QUADF@NGLE
                                   DEPAR  MENT OF THE INTERIOR
                                        GEOLOGICAL SURVEY


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                                                                    Rhode Island Coastal Resources Management Program

                          Sakonnet Point Quadrangle:

                          Sakonnet Harbor


                          I .The water area immediately adjacent to the
                             barrier beach, starting at Point A (the northeast
                             edge of Lot 385 where the eastern boundary of
                             the barrier beach, identified by Dr. Boothroyd,
                             intersects with the shore) then extending toward
                             the western shore boundary of the barrier beach
                             designated by Dr. Boothroyd to Point B (where
                             a line drawn in a northerly direction as an
                             extension of the eastern boundary of Lot 429
                             forms an intersect) be designated as Type 2.

                          2. The remainder of the water area in Sakonnet
                             Harbor shall be designated Type 5.








































                          Original Edition                                   Page 14                                  Quadrangle Maps














                                                                      5
                                                                                                               .5               'A


                                                                            B                           2







                                                                                         -ic    Salt    Marsh

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                                                           HARBOR

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                                  1..   1001






                                                                  Rhode Island Coastal Resources Management Program

                           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 southeast
                             corner of Newport Harbor, running generally
                             northwesterly through the so-called "Spindle
                             marker," to the point where it meets the edge of
                             the federally established and maintained
                             anchorage area, then generally northerly along
                             the eastern side of the anchorage area, thence
                             westerly to the southern boundary of the Port of
                             Call Marina on Goat Island.

                           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 northeastern
                             tip of the Fort Adams anchorage basin easterly
    0                        to the southern light on Goat Island.
                           g A straight line from shore along the southern
                             side of the docking area at Fort Cove.

                           h A line along the western side of the breakwater
                             near Ida Lewis Rock. Water area bounded by
                             lines d and h to become Type 3 waters.






















                           Original Edition                                Page 15                                  Quadrangle Maps











                                                             [TED STATES                                                                                                                                                           NEWPORT OUADRANOLE
                                                  DEPARTMENT OF THE INTE ]OR                                                                                                                                                      RHODE  ISLAND-NEWPORT
                                                       GEO                                                                                                                                                                       5
                                                            LOOICAL SUR@EY                                                                                                                                                      7 MINUTE SERIES(TOPDORAPHI




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                                                                                                                                                            . ...... .. ..






                                                                     Rhode Island Coastal Resources Management Program

                            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 A straight line starting from the point of land on
                              the northeast side of the Great Salt Pond
                              breachway and running generally southeasterly
                              to Harris (Breezy) Point.

                            c A straight line starting at Harris (Breezy) Point
                              and running generally southwesterly to Can
                              Buoy #5.

                            d A straight line southwesterly extension of the
                              west jetty at the breachway entrance to Great
                              Salt Pond which joins with the seaward limit of
                              a straight line (500 feet) extension of the
                              boundary     between      the     commercial/low
                              residential zone area west of Champlin's Dock,
                              thence aiming generally easterly and running to
                              Can Buoy #5, then turning generally
                              south-southeasterly and running to the point of
                              land on the eastern shore of the channel to
                              Trim's Pond, thence turning 90 degrees and
                              running west to land on the western side of the
                              Trim's Pond Channel.

                            e A line along the outside of the west breakwater.

                            f A line along the outside of the east breakwater.

                            g A straight line starting at the boundary of lots
                              64-1 and 65 and running generally southeasterly
                              to terminate at the northern boundary of lots
                              103 and 104. Revise Water Type designation
                              west of Line G to Type 3.



















                            Original Edition                                   Page 16                                   Quadrangle Maps











                                                    UNITED STATES                                                                                                                                    BLOCK
                                            DEPARTMENT OF THE INTERIOR                                                    DEPARTMENT OF I HE ARMY                                                          SSLAND QUADRANGLE
                                                                                                                                                                                                    RHODE    -AND-WASHINGTON CO,
                                          '3130- GEOLOGICAL SUR@Ey                                                           I.NRS OF EN.I.E.DS                                                     7.5 MINUTE SERIES (TORIX)RAPHIC)
                                                                              V









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                                                                 Rhode Island Coastal Resources Management Ptogram


     0
                                                                                                  Shoreline
                                                                                                        Change
                                                                                                              Maps
                                                                                                       Watch Hill
                                                                                                   to Pt. Judith






     40










     0



                          Original Edition                                 Page 1                            Shoreline Change Maps











              SHORELINE CHANGE MAPS

              The following 27 maps show the annual rate of
              change in the position of the high water line                                GREEN HILL
              (HWL) as measured from vertical aerial                                            POND
              photographs dating back to 1939. Negative
              values indicate landward movement of the
              HWL, and positive values denote seaward
              displacement. Also shown are the transect                  beach profile site
              lines defining the shoreline segments for which                                     barrier-headland b h
              measurements were made, the locations of the                                        boundary
              long-term beach profiles, the projected HWL                          GRH-01
              positions for the years 2020 and 2100, and the
              boundaries between barriers and headlands.               2100
              Shoreline change rates for segments 15-104           -2020'                 -0.831M
              are from Boothroyd and others (11988), rates                     ---       -2.7 ft          7 9   present HWL
              for segments 105-113 are from Regan (1976),                          78
              and rates for segments 1 B-41 B are from             transect                             rate for segment 78
              Harwood (1993). The maps are plotted at a                                           transect number
              scale of 1: 10,000 (11 cm  1 00m).

                                                                                            200 400 600 1000 feet


                                                                                                  00
                                                                                       0    100  2        400 meters
                                                                               ?G R@r@H I



                                                                                                                    1    4-1
                                                                                                                      COASTAL
                                                                                                                      HAZARDS
                                                                                                                      ' nu
                                                                                                             4z.@     GRO
                                                                                                            DEPTOEOLOGY- UR11
                                                                                                           Boothroyd & Galagan, 1995









                                              MA                                                                               Pt Judith
                                                                                                                               Pond
                                             R1                                  N
                NY 'I             CT                                                                                     Potter
                                                                                                                        Pond


                   <1                                                               Green Hill Pond       Trustom   Card
                                                                                                          Pond      Pond
                                     Powcotuck River  Quonochontaug   Ninigret Pond                             15    16     17   18      2     21
                         CT                           Pond                                           13                                        Point Judith
                                       Winnapaug                                               12
                                       Pond                                              1


                                                                           8
                                                         5    6     7
                                            3    4
                  Watch ill                                      BLOCK           ISLAND Sotj                 ND

                                                                                                           0                   5                 10 km
                                                                                                                               .IMMEMMMMMM=0001i


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                                                                                                                                                    HAZOLRDS
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                                                                                                                                        6ggolwq@Y@URI
                                                                                                                                        BoodMd & Gatagan. 1995

















                                                                                              Pettoquornscutt
                                                                                                   River



                                                                                          Pettaquarnscutt
                                                                                               Cove





                                                                          P
                                                                          Pt Judith                                 27
                                                                          Pond                                   Narragansett Pier


                                                                                                               26



                                                              Potter
                                                              Pond '@4                                         25           fZ140DE ISLAND
                                  Green Hill  Trustom     Card                                                                    S 0tjND
                                  Pond        Pond        Pond
                                                                                                          24



                                                                                                      23


                                                                                                      2
                                                                                                Point Judith
                                       13LO  Cj< ISLAND        S0jjND                          0                         5                         to km
                                                                          nt@,Jucri-t@

                                                                                                      2











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                                                                                                                                                  M4ZARDS
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                                                                                                                                                                 0






                  Foster Cove                                                                                                                         h b

                                                                                                                   ,,eO
                                                     N                             C@,                                                           -0.30m               21
                                                                                                                                                 -1.0 ft


                                                                                                                                         20
                  Watch                                                                                          -0.64m
                   Hill                                                                                          -2.1 ft
                   Cove             P/1-   tor)
                                                        ej
                                                                                                        19
                                                                                    -0.58m
                                                                                    -1.9 ft

                               or                          -0.66M          18
                               d
                                                           -2.2 ft


                                            0.71 m 17
                                          -2.3 ft


                                          16

                               -0.22m
                               -0.7 ft                                                                                  0 200 400 600      1000 feet
                                                                                                                        C=-           !TTT!!N

                                                                                                                     0     100   200           400 meters
                                   15                                                                                -
                                                                                                                                                                 COASUL
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                                                                                                                 Pond


                                                                                                                               -0.30m
                                                                                                                               -1.0 ft       4
                                                                                                           -0.27m             23
                                                                                                           -0.9 ft


                                                                             -0.26m               22
                                                                              -0.8 ft
                                              0

                                                                       21
                                                       @-0.30m
                                                      -1.0 ft


                                               20

                           -0.64m
                           -2.1 ff

                                                                                                      0 200 400 600   1000 feet
                                                                                                   0    100   200        400 meters     2

                                                                                                                                        COASTAL
                                                                                                                                        H4WDS
                                                                                                                                         ORO

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                                               I\ 0                                                                                -2.0 ft
                                                                                                                                                28
                                                     -74                   e                                   -0.45m
                                                     co          or\k@c                                        -1.5 ft         27
                                                                                           -0.40m
                               Little MOSChaug                                             -1.3 ft          26
                                   Pond                            -0. 1 0M         25
                                                 -0.30m            -0.3 ft
                                                 -1.0 ft       4                                        0 200 400 600   1000 feet
                             -0.27m             23                                                   0    100   200         400 meters
                             -0.9 ft                                                                                                    13
                                                                                                                                             COASTAL
                                                                                                                                            H4Z4RDS
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                                                                                                                                    GEOL         URI
                                                                                                                                 Boothroyd & Galapn, 1995















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                                                                                                                                               -0.38m
                                                                                                                                              -1.3 ft

                                                                                                                           -0.37
                                                         Vic                                                                                    32
                                                                                                                           -1.2 ft
                                                                                                     0.44m
                                                                               -0.48m              -1.4 ft        31
                                                           20  0
                                                             -                 -1.6 ft         30
               h b                                               .60m
                                                             -2.0 ft        29
                                          -0.60m
                     -0.45m               -2.0 ft      28                                                     0 200 400 600    1000 feet
                     -1.5 ft          27
                                                                                                           0    100   200          400 meters
                 @So r e








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                                                                                                        0-            -0.22m
                                                                                                 -0.39M                -0.7 ft                                0.0
                                                                               -0.38m            -1.3 ft         37                     38   +0.53m
                                                            -0. 1 3m           -1.2 ft           6                                           +1.7 ft 39         40
                                                            -0.4 ft           35
                                           0.23m
                                                         34
                      -0.38m            -0.7 ft                                                                        0 200 400 600      1000 feet
                      -1.3 ff          33
                        32                                                                                   1     0     100    200          400 meters      5
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                                                                                   cho Mon
                                                                                                                                                   Quonochontaug
                                                                                                               0                                                Pond

                     0
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                                                                                            KnoWles                       0



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                           -0.22m                                                                                 Show ut                                                 -0.31 m
                            -0.7 ft                                                                                     e
                      37                           8  +0.53m             0.0                                                                                              -1.0 ft
                                                      +1.7 ft39                                                                                 -0.85          45
                                                                            40      -0.03m                                       C, e,           -2.8       ft
                                                                                                                                      0//
                                                                                    -0.1 ft              - 0.08m            \ 0        //
                            0 200 400 600         1000 feet                                        41    - 0.3 ft               -       -0.68m
                        0       100    200             400 meters                                                4 -0-09M               - 2.2 ft
                                                                                                                      -0.3 ft 43                                                        6
                                                                                                                                                                                          CWTAL
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                                                                Quonochontaug

                                                                            Pond




                                                                                                                                 0.73  M
                                                                                                      0.64m             8     -2.4 ft              49
                                                                                                    -2.1 ft
                                                                           -0.42m            47
                                                                           -1.4 ff
                                                                    46
                                              -0.31 m
                                              -1.0 ft
                           -0.85     45                                                                      0 200 400 600    1000 feet
                          -2.8     ft
                0                                                                                         0    100   200          400 meters
                             44                                                                                                    1 171

                                                                                                                                      Boodffoyd & OalapA 1995




                  0





                        Quonochontaug
                                   Pond                                                                                    c
                                                                                                                           0
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                                                                                                                           0
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                                                                                                                                                                 0. 0 3 m
                                               0                                                                                                                  -0.1 ff 5E
                                                    0@                                                                                                                    57
                                                                                                                                                       -  0.20m
                                                                                                                                                        - 0.6 ff
                                                                                                                                           0. 1 4M
                                                                                        h                              -0.27m            -0.4 ft           56
                 - - - - - - - - -2020-------_____                                                          0.09M -        0.9 ff 55
                                      -0.76m                                                             -0.3 ft 54
                                      -2.5 ft                                               -0.05m
                                                              +0.09M         +0.04m -0.2 ft 53                                 0 200 400 600        1000 feet
                                                          50+0.3 ft5l+O.l ft 52
                                                                                                                            0     100    200            400 meters







                                                                                                                                                             Boaft"d & GdapM6 1995










                                                                                                                           Ninigret Pond
                    4:p
                   0
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                                                                                                       S,



                                                                                                                                                   -0.28m            63
                                                                                                                          h b,                     -0.9 ft
                                                     r                                                                           -0.3
                                                                                                                                 -1-0 ft62

                                    0
                                                                                                               -0. 1 7m          61
                                    0                                                                          -0.6 ft

                                                        co
                                                                                                -  0.32m
                                               el                                                -1.1 ft       60

                                     0.                                              -0.23m            59
                                                                                     -0.8 ft

                                                                        -0.03m                                           0 200 400 600      1000 feet
                                                                           -0.1     ft 58
                                                                                                                     0     100    200           400 meters
                                                                                  57                                                                         .9
                                                                                                                                                                  COASrAL
                                                                                                                                                                  M4ZARDS
                                                                                                                                                                   GRO


                                                                                                                                                      Booftloyd A Od@Pn. 1995









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                                                                                                                                                           N















                                                                                                                              -0.60m
                                                                                                                              -2.0 ft             65



                                                                                            -0.45m
                                                                                            -1.5 ft 64

                                                                   -0.28m            63
                                              b,,                  -0.9 ft
                                                  -0.31
                                                  -1 .0 ft 62                                                          0 200 400 600      1000 feet
                                -0. 1 7m          61                                                                0     100   200           400 metem
                                -0.6 ft                                                                                                                     10
                                                                                                                                                               COASTAL
                                                                                                                                                              HAZARDS
                                                                                                                                                               GRO

                                                                                                                                                      GEOL          URI
                                                                                                                                                   Booftoyd & Odagm% 1995



















                              N



                                                                                                                                                                          <






                                                                                                                                                              -0.68m
                                                                                                                                                             -2.2 ft
                                                                                                                                           -0.9 1 m
                                                                                                              .07P@@                       -3.0 ft             8
                                                                                                                                          7
                                                                                                              -0.72m
                                                                                                              -2.4 ft



                                                                                                     66


                                                               -0.50m
                                                               -1.6 ft

                                                                                                                          0 200 400 600      1000 feet
                    0.60m                                                                                             0     100    200           400 meters
                  -2.0 ft              65

                                                                                                                                                                  COASTAL
                                                                                                                                                                 1!@DS
                                                                                                                                                                      U
                                                                                                                                                                  ORO  p

                                                                                                                                                     IDE"W-OLOGY       URI
                                                                                                                                                     BooftWd & OdaPn. 1995


















                                    N






                                                                                        CHA-EZ






                                                                                        -0-91 M 74
                                                                                        -3.Oft

                                                                                        73
                                                                   1. 1 4M
                                                                   3.7 ft        -0.93m
                                                      -0.95m              72     -3.0 ft
                                                      -3.1 ft   71
                                       -1.01 M
                         -0.68m        -3.3 ft     70
                         -2.2 ft    69
               -0.91 M
               -3.0 ft   68                                           P 2PO 4PO 600 1000 feet

                                                                     0  100 200     400 meters
              7


                                                                                               ca4STAL
                                                                                               94MDS
                                                                                               GRO
                                                                                        eaaozt@@UFU
                                                                                       Boothrovd & odum 1995













                                                                                                                                         GREEN HILL
                                                                                                                                               POND
                                      \AOG?@                                                        1-15 1.




                                                                                                                                                          -0.73m
                                                  C>                                     CHA-TB                0                                            2.4f t
                                                                                                        0

                                                                                 0
                                                                                            0                             -1 .06m
                                                                                                                             3.5f t                    77

                                                                                           - 1.0m
                                               CHA-EZ                                      - 3.3f t            76

                                                                     -0.93m                 75
                                                                    -3.1 ft


                                               -0-91 m 74
                                               -3.Oft

                                               73
                                                                                                                         0 200 400 600      1000 feet
                 m
                                 -0.93m                                                                               0     100   200           400 meters
                 ft    72         -3.0 ft                                                                                                        1            13-
                                                                                                                                                                  CC14STAL
                                                                                                                                                                 MZ4RDS
                                                                                                                                                                 GWRO
                                                                                                                                                    oz@ nj,-5-@
                                                                                                                                                            O@Qy@
                                                                                                                                                    LQ@                up-1
                                                                                                                                                    Boothroyd & Galliam im

















                                                                                                                                                                    N
                                                           GREEN HILL
                                                                     POND



                                                                                                                                                                   co




                                                                                                                                                           b h

                                            Z                                                                    GRH-01
                             0


                                                                                                                                                     -0.66m
                                                                                                                          -0.83m                     -2.2 ft
                                                   00                -0.73m                                               -2.7 ft                79                 bu
                                 0
                                    0                                - 2.4f t                                      8
                                        1.06m
                                      -3.5ft                       77                                                     0 200 400 600      1000 feet
                                                                                                                                               I

                                                                                                                      0      100   200           400 meters
                          76                                                                                                                                    14
                                                                                                                                                                    COASTAL
                                                                                                                                                                   MZARDS
                                                                                                                                                                   GR

                                                                                                                                                      IDEPTGEOLOGY- Upi
                                                                                                                                                      Boothroyd & GalagM 1995



















                                                         cl,

                                   N


                                                                                                                                                             CpO



                                             C)
                 GREEN HILL
                                                                                                                                                               0.28m
                       POND                                                                                                                   0.0            -0.9 ff
                                                 53
                                                  M                                                                                                        86
                                                  0
                                                                                                     b
                                                                                                                    0.0                    85

                                                   0-
                                         b h                                                -0. 1 4m
                                                                                              -0.4 ff     4
                                                                              -0.26M           83
                                                                -0.37m         -0.9 ft
                                   -0.66m           -0. 9M -1.2 ft
                                   -2.2 ff          - 1.9 ff                  82                                          0 200 400 600      1000 feet
                                                  80              81                                                  0      100   200           400 meters
                                79                                                                                                                                  5





                                                                                                                                                      Bootbmyd & 08189M 1995






















                                                                      0
                                                                      0
                                                                      :3
                                                                      (n
                                                                      0
                                                                      :3
                                                                      M
                                                       N

                                                                      0
                                                                      0                       Rd
                                                                                Cards   Ponc

                                                                      CL

                                                                                        CARD
                                                                                           POND





                                                                                                      b


                                                    MST-01                                          - .1 7m
                                                                                                    - .6 ft     89
                                                                            -0. 1 9M
                                                                            -0.6 ft                8

                                            -0.28m                  87
                                            -0.9 ft
                      0.0                                                            0 200 400 600 1000 feet
                               86
                                                                                   0   100  200       400 meters    6
                      5-
                                                                                                                   CCASTAL
                                                                                                                   MZ4RDS
                                                                                                                  ORO

                                                                                                         IDMGEOLOGY- URI
                                                                                                         Booffimd & GdApA 1995





                                                                               L
                                                                               @t
                        N                                 U)                           Woshinqton St
                                                          0

                                                                               :3
                                                                               c:        Lake Ave

                                                          CD
                                                                                       Pork
                                                                               (D
                                                          M                                        A e
                                                                                     AtIontic
                           Cords     Pond     Rd

                                                                                                                '0


                                              (n
             CARD
             POND                                                                                             co       0
                                               0-                                                            0


                                                                      -0.32m               -0.11 M
                                                                      -1.0 ft              -0.4 ft
                      b                   -0.30m                                       91                 0.24m
                   ---                    -1.0 ft             90                                  92      0.8 ft
                    -0. 1 7m                                                                                        93
                    -0.6 ft     8 c)
                                                                                         0 200 400 600 1000 feet


                                                                                      0    100  200       400 meters
                 88                                                                                                   17-
                                                                                                                        @
                                                                                                                         COASUL
                                                                                                                           Sr
                                                                                                                         WZAORDDSS
                                                                                                                           U
                                                                                                                            p
                                                                                                                        GR

                                                                                                                             URI
                                                                                                               Booftoyd & Gdapn, 1995

















                                N




                                                           p
             0
             I-+.-    Washinqton St                                          POTTER POND
             C:
             :3
             C          Lake Av

             Co      p  r
             0
                                    v
                   Atlantic
                                                                                                                              MA -Sp
             X                                                                                           2100  -- --------- ----
                                                                                                     ---2020   -- --------- ---
                                                                                        h b.,          -0.89M          -0.76m
                                                                                                       -2.9 ft         -2.5 ft
                                                                                           -0.99M
                                                                                           -3.2 ft                                  100
                                                        C/)                       -0.94m              98
                                                                                 -3.1 ft     97
                          -0.11M                                          -1.01M
                          -0.4 ff         0.24m         -0.06m        .23M   3.3  ftc)6
                                  9 2     0.8 ft                      .8 ft 95                    0 200 400 600  10.00 feet
                                                        -0.2 ft
                                                                  9 4                          0    100  200         400 meters
                                                      93


                                                                                                                                   ca4STAL
                                                                                                                                  MZARDS
                                                                                                                                   GRO
                                                                                                                        oz@@n@
                                                                                                                        IDEPTGEOLOGY- URI
                                                                                                                         Boothroyd & GW4M 1995




























                                    V)
                                    C
                                    0
                                    0
                                    0                                      C&AIIP
                                    a                                     "I              -A
                                    En
                                    :T


                                                                                                          Go/t./ee EscO e
                                                                            NOTE: Features depicted am         d
                                                                             FEMA workrnap of South ..I.to.n
                                                                             do not correlate with those of the
                                                                             workmap for Narragansett.







                                                                        0
                                      MAT-SP                            e-
                    - - - -- - - - - - - - -                            0

                                                                          o-

                               -0.76m                                              C-           Ond
                  -0.89M       -2.5 ft        -0.62m        0. 51 M                C
                 -2.9 ft                                   -
                                              -2.0 ft 101-1.7 ft                                  -.21 0
                9 8        99             100                   102                              -0.24m
                          0 200 400 600 1000 feet                                                -0.8 ft     -0.22m
                                     TTTT!!M                                                103       104
                        0   100 200       400 meters                           +0.03m                        -0.7 ft
           19-                                                                  +0.1 ft
                                                                                                                   COASTAL
                                                                                                                  P442ARDS
                                                                                                                  ORO
                                                                                                         4z@ nt
                                                                                                         Warr OLOGY- URI
                                                                                                         Boothroyd & 011111111VA 19"














                                                                                                                                                                       POINT JUDITH POND
                                                                                     )9 0\\A


                                                                               NOTE: Features depicted on the                                                           Go/i/ee
                                                                                  FEMA workmop of South l(ingstown
                                                                                  do not correlate with than of the                                                                      ScO e          /@d
                                                                                  workmop for Narragansett.



                                                                    Ln


                                                                      0
                                                                       r-
                                                                       0
                                                                       s


                                                                          CDL-


                                                                                                                       and
                                                                                             C-
                                                                                             C
                                              0. 1
                                  101 -1.                                                                                         0
                                                       .10                                   m                          -0.24m
                                                                                                                        -0.8 f                  -0.22m
                                                                                                               103                 104
                                                                                    +0.03M                                                      -0.7 ft
                                                                                        +0.1 ft
                                                                                                                                                                   105 -0.2m
                                                                                                                                                                              -0.7 ft
                                                                                                                                                                                                 106                                  b
                                                      0 200 400 600               1000 feet                                                                                                                                               h
                                                                                                                                                        NOTE: Shoreline change rates for s"mrts                0
                                                 0        100       200                 400 meters                                                          105 Trou     113 are gfrom the 0
                        201                       =22mgzzz=!@@                                                                                              1939   971h(Regon. 1 76).                                107
                                                                                                                                                                                                                                        3,54STAL
                                                                                                                                                                                                                                       M4ZARM
                                                                                                                                                                                                                                        GROUP

                                                                                                                                                                                                                           GlEauxamay          UP
                                                                                                                                                                                                                     Booftoyd & GdOVA 1995















          -0.2m
          -0.7 ft
                  106
                                     0
                                           v
                       0


                          107
                                             %po
                           0
                              108

                                -0.2 M
                                -0.7 ft


                                   109
                                        -0.6m                      Pil ri
                                       -2.0 ft

                                           110  0


                 1101E, Sh=i7 chonge rafl:.I- +0.3m
                  15  '00." 13                   112
                  19M-1971 (RWno'ol976).  +1.0 ft
                                                +0.3m
                                                +1.0 ft
                                                   113
                     0 200 400 600 10, 00 feet    + 1.5M
                                  40
         21        0   100 200      0 meters      +5.0 ft
                                                                                             COASTAL




                                                                                      Bwftoyd & GdapN IM





















                                                         0
                                           COOP          4D cz:@
                               co                  0    0                                              5B
                                                      10                       Goo                0.00M
                                                            0,               C9 a
                                    4     Q   0      0  *                        0a
                                                        0 eQ5                   Q,                0.0oft
                                0   0
                                                   49                                                  4 B
                                    0.                                             9,
                                           cp                                                  +0.06m
                                                                                              + 0. 19 f t

                                                            0
                                                      0                                                3B
                                                                       R

                                                               coo   11
                                                                      ou  CZY            -0
                                                                                                         -0. 1 8M
                                                                          0                 0                               NARRAGANSETT
                                                                                                         -0.60ft
                                                                                                 N"                              SOUND


                      BLOCK ISLAND                                   00
                           SOUND                                                                                 2B


                                                                           -0.69m                        -0.25m                           N
                                                                           -2.25ft                       -0.83ft

                                                           0 B                                                      0 200 400 600   1000 feet
                                                                                          1 B
                                                                                                                 0    100   200         400 meters
                                                                                                  22


                                                                                                                                             COMM
                                                                                                                                            HAWDS
                                                                                                                                            ORO

                                                                                                                                 DEPTGEOLOGY     upi
                                                                                                                                 Booftwd & Hawood. 1995













                               - Q                  -
                                   C)c            ap
                                               00    0 0 @00
                                                                                                                13 B
                                                 10, .0               a  0000                                 1 2B
                                                      00    0
                                                                     T3

                                                                                                         -0.46m
                                                                                                         -1 .51 ft
                                                                                  Q)-CZ,


                                                                                                                  11 B


                                                                                                      +0. 1 3m
                                                                                                      +0.42ft



                                                                                                       10 B

                                                                0                          -0.09M
                                                                  = C:2    0              -0.28f t
                                                                 000 ,,,
                                                                   cc   0-0
                                                                          0

                                                                        0, ,
                                                                        a I                  9B
                                                                  01)
                                                              000 0
                                                                       0          +0.05m
                                                                                  +0. 1 5ft

                                                    0                                               NARRAGANSETT
                              a rM              C3 (to             +0. 1 0M
                                                 a Ouco            +0.34ft         eB                     SOUND
                                                c%d boac g
                                      0              so
                                                  i                         7B
                            -0                  a' L a
                            ,.A.
                                                                                +0.04m
                                         0                                 6B   +0. 1 2ft

                           10 0    do
                                                                +0.04m
                                  00                           +0. 1 4f t

                                    0
                                                                     5B
                                      1600 0
                                      CS a 0                 0.00M                                                     N
                                                             0.00ft

                                                                    4B

                                                                                             0 200 400 600      1000 feet
                                       C,  C:@Cg         +0.06m                                            MEMEM"
                                              0                                           0     100    200          400 meters
                                              8          +0.1 9ft       .23,                                         i
                                                                                                                          COMM.
                                                                                                                          H4Z4RQ9
                                                                                                                          GRO

                                                                                                                               URI
                                                                                                             Booftayd & Hawood, 1995










                                                                                                C,                          -0.03M
                                              I;zp                                          c.-;-                           -0.1 Oft
                                                       C)


                              0 C3                cz,                                                    BLACK                       1 9B
                                          0                                                              POINT               +0.02m
                                         0         o
                                      ci                                                                                     +0.05ft
                                                 0
                                           0
                               ca C3 c,            u  0.
                                         o S?  0 a        0       -  0
                                         00   C.           czo           &b.
                                Co  0                                      0
                                                                                                  1 7B
                                                                      ki                     1   B

                                                                             0
                              a                                                                            1 8B
                                                    c       000        a
                                                                        0 e        -0.02m
                                                                                                                     17B +0.02m
                                                                                   -0.05f t                                 +0.05ft
                                 all.                          .0
                                 o          o
                                                                                                                     16B    +0.1 9m
                                          go                                                 15B
                                        b    v                                                                              +0.63ft
                                                                          -0.23m
                                                                          -0.74ft



                                      0.4m                   -0.01 M              14 B
                                    -1 .3ff,                   0.05f t
                                                                 13 B
                                         -(S1            1 2B                                  RHODE ISLAND
                                       cV
                                                  -0.46m                                            SOUND
                                                   -1 .51 ft
                              Q)CZ1
                                 o.cio-



                                                                11 B

                                              +0. 1 3m
                                              +0.42ft                                                                             N


                                                                                                        2dOO 400 600     1000 feet
                                 -0.09M             10 B                                                     I    -
                                                                                                 0     100    200            400 meters
                                 -0.28ft                                      24

                                                                                                                                  664STAL
                                                                                                                                  M4Z4RDS


                                                                                                                                       URI
                                                                                                                    Boo*wd & EWzwo4 IM










                                                                       26B

                                                                   +0.28m
                          8                           17 0ca       +0.93ft

                                                                       25B
                                                .0 ap



                                                                 +0.08M
                                                       14D       +0.25ft
                                            go
                                            1@
                                                                       24B
                                   IQ       Cl    ao

                                                                +0. 1 3m
                                                                 +0.43ft
                                                 Z>



                                                               23B

                                          0

                                                       +0.08M
                                                       +0.28ft



                      Co

                                            +0.09m    22B
                                            +0.29ft
                                                           RHODE ISLAND
                 Z,j               +0.06m                      SOUND
                                   +0. 1 9ft  21 B

                                   20B


                   0           -0.03m
                               -0. 1 Oft                               N


                    BLACK          1 9B               0 200 400 600 1000 feet
                    POINT      +0.02m
                                                    9   loo 200     400 meters
                               +0.05ft 25-                          i
                                                                       ccKSrAL
                                                                       MARDS
                                                                EgAUM
                                                                Booftoyd & Hawood. IM









                                                          ;o a              bi                                 33B
                                                            )6.,o  Q, I'S
                                                                                                     -0.01 M
                                                                   0                                 -0.03ft 32B
                                             C3
                                                       0               czb
                                                                         8
                                        0                              lb
                                             bD                    a  ol
                                                                   IPq                 a         d3
                                                                   %J CIO              c. g ca
                                                                        .,o    .-      Q
                                                                        0.                                  -0.02m
                                d,
                                                 -0   ftlz@,                           ci                   -0.07ft
                                                 4                           ea 0
                                                                   8
                                                            C6
                                                          v .      C> 0                CP Do
                                               000                 00                  Z@
                                                                                       0
                                                                   0
                                                                               Q7                                         31 B
                                                  17.                   JR?  C@s       q
                                                 /--o                                                        0.00M
                                             Ao                                        0ri ca                              30B
                                           c"2 .0  'c"D
                                                                   00
                                                                   D0                                       -0.01 M
                                                            C5     0                   0
                                                        0              0  0  0                              -0.03ft
                                                                   E7        0               Cc>                       29B
                                                                             00 0             8 Q
                                                                                       0    0 C.?
                                                                                       00
                                                                                       00                          +0.05m
                                        0 0                               00           0aq
                                                    0                                     0 olp                    +0.1 6ff
                                                                   0'6                 r3    c:P0
                              CZ3                      0                               C.@    c@
                                                                                                            DQ                     28B

                                           C5
                                                                                       4
                                                                                        rb    0
                                                                                       CPO         0,@ op      Q           +0. 1 4m
                                                                                                          00      c@3      +0.46ft

                                                                                       Db                                             27B
                                                                                                                            0.00M
                                   N                                                                                                 26B


                                                                                                         17 0                   +0.28m
                                                                                                            to                   +0.92ft
                                                          2.00 4?0 600       1000 feet
                                                          - -                                                                        25B
                                                   0       140     200                 400 meters           ocZp
                               26


                                                                                                                                          COASTAL
                                                                                                                                         M42ARDS
                                                                                                                                         GRO

                                                                                                                                GE              UPJ
                                                                                                                           Boodwayd & Hwwood. 1995




















                                                                     C3
                                                                                     C3
                                                                                                                    RIvER 39B           - -0-04M
                                                            a        o                                                                       0. 1 f t
                                                                                a                                                      19
                                                                                                                     tip            0. 62f t
                                                                cy         C3a                                                          ly                   41 B
                                                                                             0                       +0.01 M        38B             +0.06m
                                                                                                                                                     +0.2ft
                                                                                                                     +0.03ft
                                                                                       0                                                     40B
                                                                                                  +0. 1 2m        37B
                                                                                                  +0.39ft

                                                                                 -0.04m
                                                                                   0.13ft 36B

                                                                         -0. 1 2m        35B
                                                                         -0.39ft
                           Q lpa Ij                                                                              RHODE ISLAND
               p q Q P 00=
               ldc =0 I?                                    -0.2m        34B                                           SOUND
                   C3 M 0 Go a
                            , 'cl
                            ap                              -0.66ft                                                                                       N
                00.3.0to d, lac?
                        Do
                        poocl-                                  33B
                             0- bl
                             is
                           Elva                          -0.01 M
                    00
                      OD 0                                'O.03f t                                                             0 200 400 600      1000 feet
                                                                       32B
                                                                                                                            0     100   200           400 meters
                 0                                                                                          27
                    06. 0 C@lsrp
                                                                                                                                                            COASTAL
                                                                                                                                                            I"MDS
                                                                                                                                                            ORO

                                                                                                                                                                 U01
                                                                                                                                               Boodiroyd & HOW004 1995

















                                                                                                                    NOAA COASTAL SERVICES CTR LIBRARY



                                                                                                                    3 6668 14112930 6