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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 0 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. Original Edition Page 3 Enabling Legislation 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 � 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 � 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 Original Edition Page 4 Enabling Legislation 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 � 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 � 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 Original Edition Page 5 Enabling Legislation 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 � 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. �1451 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. � 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 Original Edition Page 6 Enabling Legislation 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 � 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. Original Edition Page 7 Enabling Legislation 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 � 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 ]r�. @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, Original Edition Page 2 Section 150 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 Original Edition Page 3 Section 150 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 Original Edition Page 4 Section 150 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. Original Edition . Page 5 Section 150 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 Original Edition Page 1 Section 160 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; Original Edition Page I Section 170 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 Original Edition Page 1 Section 200.6 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. Original Edition Page 2 Section 200.6 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 Original Edition Page 1 Section 210 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 Original Edition Page 2 Section 210 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; Original Edition Page 2 Section 210.1 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). Original Edition Page 3 Section 210.2 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 Original Edition Page 4 Section 210.2 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. Original Edition Page 5 Section 210.2 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 �300.12. 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 0 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 Original Edition Page 3 Section 320 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. Original Edition Page 2 Section 325 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 ..... ... . - ------------------ AV6r 0 I.zf7 60 jvtz Irp 4i 0-1 s C-@ Y I-qAdns 7volooliozo HI @O -Kl.@... doi-amLxl HHIL Ao Lmzyudviacl 93.Ly.Ls o3iinn saivLg -,Tixfi 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 UNITED STATES \DEPARTMENT 0. THE rNTERIOR DEFARTMENT OF THE ARMY ....... .. .. OW CoMyi COEFS OF ElGiNEERS QUO HG@ATJG QUAJrAN LE v 21 0@ i i q Ic 19, ID 0 7b @D CD .71 ... ........ .... ... @Ay 4 QUONaCHONTAU RJ G, 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 rTED STATES SLAND-SHINOT.N .0, ODE U 1111IRTMENT OF THE INTERIOR 75 MINU E SERIES JORD-A-C@ OEOLOGJCA@ SURVEY M y J- E A E t IH 0 E z Z \1 - "T. A C,40 it G-L, :D I 1;9 it, Z1, 0 H-6, u 4 . . ... .... T, 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 GEOM 7.5 MINUTE SERIES (TOPOORAPHIC) LOOICAL SURVEY 12 4@ M,, OT J A M E S -AP @-- US M L IVv .N ( 0@- E A N ..PW -W. P@w,.,. G.,., .1 S- C3- 0 Pl@,R. R. 1. NARR A 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 GEOLOGICAL SUR@Ey 11 -LJTE SERIES To,',>() @J' Oil SA V R4@,s i: I,, AL 40. a z "0" CQ a U H 5. 1z zy M-1 7[" *1114 .7o a GAis-ETT -D CL-11-101 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 7.5 E SERIES (TO@RAPHI@._.@ MINUTR It jX. Ll XT 24, JL !w, I477i g@ q ZTF@,;, C > 10- S 0 A G@ R N R T @I@T 0 W. 14 ... ... .. ...... C" C3, o..- EAST OREENWCH,,R. 1. 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 U PROVIDENCE QUADR-GLE DEPART...T .1 T.. [email protected] .E OLOGICAL SURVEY -OD@ Is, s m I T H V; PAWT X 6 3@, ;j. ,raw -1 X AV, tg 1 E i -a I IN %'A.7tr, tb@ pr L Rs -"7 10, ul 76 'p. 7" @46 WARWICK 9 -@o ...... . .... ......... ........ .. . .... I@OVID@@CE@R, I 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 E01,00 'CAL SURVEY 7,5 M-TE RIES (T.-RAP.1c) v va.- d' Dh. 44- IV @z FI* H _0@ B ,0 T P,Z NMI, !=A T A 4r. -41 w, , 6 7' 2 A R Qp _f c T-W A R R vllru .... ...... ... ............. ...... ...... . . . . . . . . ......... EAST PROVI? E@CE ASS -R. I 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 C'*-OLCGIC@ SUlIVE" MINUTE SERIES (TO@RAPHIC) A .1- It Al, Pu 59 1 6 A A I 0 *.q ),-X k F@ x5l "s, Fj IT -.11 0 EL AV Z/ I S L sa IV P @d -.8- 1- 'M I.T. Cu- sol.1.3s A 2- @' A--- .. .. .......... "76 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 -:A" c@ a N P R J E N C E P- /7 I L T H 11 @AVAL F NMI x 41o . jj- . ........ . IN L E Z. 0 z Awl .11, "1 -1 Ile, L, "1 3111.- S111, _s 101D -SMF CATI. ..... ...... PRUDENC ISLAND,R I 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 :A -7 It A71, L --NZ . rn P. T, 0 N z7 'ZI FAI_L WYI@R, MAS@@ -k V 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 ........... J I., H*11 7 It E, I 21, IT 0 E. 7 S.P. I 6 i@ C . .......... z F.g S P h-d Hip D u 2, '57, E,@ R, P K. C-1. I 11-.411 H-4 LWh- i% . ......... ... I NIASS -,Us (Ds- ...... ... 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 ol T. 6@D C-D "I 41@ "I @11 1 77, Z . ... ...... SAKO12- Pql!ZT R 1. 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 'k @k Fill pen Water ow 'k fw ozz SAKONNET HARBOR ow 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 I D 1w, rt A 0 Ti A CD 11- -T 1. 1. 1. i 7 d p.b-W by th. G.._.I S- CONTOIA IT-L 11 FEE' . ...... .. .. 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 4 E U/, widi, .......... .. 14 ID Yv @)G S- A of. P, d CI Z@ p ... .... ... -3N, 4 A---T L N T I.. C E A N M.p@ EV. I. W NP. S- -D Ol-111.1- C.I. u-1. -'s I c", 7: 41"' Z Z.111111 L117 K 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 COASTAL HAZOLRDS GRO 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 COASTAL M4ZARDS GRO@@ OMOGY URI Egm Boolhrqyd & Hawood. 1995 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 M4ZARDS GROLP UPJ B asham 19" ci coo 14 0 e 0 0- ittle Moschoug 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 UFU 60EOL@@@ Booft"d & GW4pn. 1995 Rd re er, 0@1 ii e- 0 c.::) coo cc k C;IL 0 h b 'COD I - --- -0.60 A 0 e M 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 ORO GEOL URI Boothroyd & Galapn, 1995 k,ol e N POND -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 26- 141 COASIAL M4Z4RDS oz@@ I W" GEOLOCMW UPJ BooftrA & GdaVA IM N NUG WAD 0 4-1 00 (> A t I o n t i b h 0 loo 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 M COASTAL R] y Boaftwd A awlem 1995 cho Mon Quonochontaug 0 Pond 0 py e Q. KnoWles 0 b h L -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 MZARDS ORO u Pi Booft"d & GdapA 1"S M 0 cn I a @ M M @!- @10 N * 1:3 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 :3 0 0 0 co 0 c 0 coal 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 C@ 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 2j) 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