Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 3 - Salt Pond Region Special Area Management Plan › Section 650-RICR-20-00-3.3 - Definitions

Current through June 14, 2024
A. Definitions for this Part are as follows:
1. "Cumulative effects" means the physical,
				  biological, or chemical outcome of a series of actions or activities on the
				  environment.
2. "Cumulative
				  impacts" means the total effect on the environment of development activities
				  and/or natural events taking place within a geographic area over a particular
				  period of time resulting from land use, water use and development activities or
				  actions taking place anywhere within the salt pond region over any period of
				  time. They are not restricted to on-site impacts, but may include off-site
				  impacts which exist or are going to exist based on current land use planning.
				  Cumulative impacts can result from traditionally unregulated changes in land
				  and water uses.
3. "Experimental
				  coastal erosion control methods" means unconventional methods that are intended
				  to control erosion along coastal beaches or capture sand in shallow water
				  depths parallel to the beach in order to restore beach profiles. These methods
				  are defined as "experimental" because their effectiveness in controlling
				  coastal erosion is highly variable. These methods have not been previously
				  permitted and used in Rhode Island, but may have been used in other states with
				  varying degrees of success. Such experimental coastal erosion control methods
				  are temporary in nature and designed to provide short-term, localized erosion
				  management while more comprehensive, long-term regional solutions are
				  developed. Such long-term strategies will likely include the relocation (also
				  known as retreat) of existing development and public infrastructure to more
				  inland positions. By definition the term "experimental" refers to a product or
				  method that is based on an untested idea or technique and has not yet been
				  fully tested. Thus, inherent in the concept of "experimental" coastal erosion
				  control methods is the understanding that the impact, results, success or
				  failure of the untested methodologies:
a.
				  cannot be readily predicted;
b.
				  require special monitoring and supervision; and
c. may require unilateral, summary
				  termination if a methodology results in detrimental impacts. Experimental
				  coastal erosion control methods do not include revetments, bulkheads, seawalls,
				  groins, breakwaters or jetties.
4. "Lands of critical concern" means lands
				  that are presently undeveloped or developed at densities of one residential
				  unit per 120,000 square feet. These lands may be adjacent to or include one or
				  more of the following:
a. sensitive areas of
				  the salt ponds that are particularly susceptible to eutrophication and
				  bacterial contamination;
b. overlie
				  wellhead protection zones or aquifer recharge areas for existing or potential
				  water supply wells;
c. areas
				  designated as historic/archaeologic sites;
d. open space;
e. areas where there is high erosion and
				  runoff potential;
f. habitat for
				  flora and fauna as identified through the RI Natural Heritage Program, large
				  emergent wetland complexes, and U.S. Fish & Wildlife lands; and
g.  fisheries habitat.
5. "Lands developed beyond carrying capacity"
				  means lands that are developed at densities of one residential or commercial
				  unit on parcels of less than 80,000 square feet, and frequently at higher
				  densities of 10,000 square feet or 20,000 square feet. Intense development
				  associated with Lands Developed Beyond Carrying Capacity is the result of poor
				  land use planning and predates the formation of the Council. High nutrient
				  loadings and contaminated runoff waters from dense development have resulted in
				  a high incidence of polluted wells and increased evidence of eutrophic
				  conditions and bacterial contamination in the salt ponds. Most of the OWTS in
				  these areas predate RIDEM regulations pertaining to design and siting
				  standards, and have exceeded their expected life span.
6. "Land suitable for development" means the
				  net total acreage of the parcel, lot or tract remaining after exclusion of the
				  areas containing, or on which occur the following protected resources: coastal
				  features as defined within R.I. Gen. Laws Chapter 46-23 and in § 1.2.2 of
				  this Subchapter; freshwater wetlands, as defined in § 1.1.2 of this
				  Subchapter (see CRMC Rules and Regulations Governing the Protection and
				  Management of Freshwater Wetlands in the Vicinity of the Coast, Part 2 of this
				  Subchapter); and lands to be developed as streets and roads shall also be
				  excluded from the calculated acreage of developable land.
7. "Nitrogen reducing technologies" means
				  alternative wastewater treatment systems which reduce total nitrogen
				  concentrations by at least 50%. Total nitrogen reduction is the annual mean
				  difference by percentage between total nitrogen concentrations in the effluent
				  of the septic or primary settling tank and the concentrations taken at the end
				  of the treatment zone as defined by the specific technology.
8. "Salt pond region" means the environment
				  within the surface watershed boundaries as delineated on the land use
				  classification maps in § 3.44 of this Part.
9. "Self-sustaining lands" are lands that are
				  undeveloped or developed at a density of not more than one residential unit per
				  80,000 square feet.
Within these areas, the nutrients discharged to groundwater
					 by septic systems, fertilizers and other sources associated with residential
					 activities may be sufficiently diluted to maintain on-site potable groundwater.
					 However, the one residential unit per two acre standard is not considered
					 sufficient to reduce groundwater nitrogen concentrations to levels which will
					 prevent eutrophication, or mitigate for dense development in other portions of
					 the watershed.
10.
				  "Tributary" means any flowing body of water or watercourse which provides
				  intermittent or perennial flow to tidal waters, coastal ponds, coastal wetlands
				  or other down-gradient watercourses which eventually discharge to tidal waters,
				  coastal ponds or coastal wetlands.
11. "Tributary wetlands" means freshwater
				  wetlands within the watershed that are connected via a watercourse to a coastal
				  wetland and/or tidal waters.
12.
				  "Underground storage tank" or "UST" means any one or more underground tanks and
				  their associated components, including piping, used to contain an accumulation
				  of petroleum product or hazardous material.