Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 1 - Red Book › Section 650-RICR-20-00-1.2 - Areas Under Council Jurisdiction

Current through June 14, 2024
1.2.1
Tidal
				  and Coastal Pond Waters
A. The six
				  categories of waters defined in this Program are directly linked to the
				  characteristics of the shoreline, since the activities on the adjacent mainland
				  are the primary determinant of the uses and qualities of any specific water
				  site. Thus, Type 1 waters abut shorelines in a natural undisturbed condition,
				  where alterations, including the construction of docks and any dredging, are
				  considered by the Council as unsuitable. Type 2 waters are adjacent to
				  predominantly residential areas, where docks are acceptable, but more intense
				  forms of development, including more marinas and new dredging projects (but not
				  maintenance dredging), would change the area's character and alter the
				  established balance among uses. Alterations such as these would bring more
				  intensive uses and are therefore prohibited in Type 2 waters. The waters along
				  some seventy percent (70%) of the state's four hundred twenty (420) miles of
				  shoreline have been assigned to Type 1 and Type 2, and should be expected to
				  retain their high scenic values and established patterns of low intensity use.
				  Type 3 waters are dominated by commercial facilities that support recreational
				  boating. Here, marinas, boatyards, and associated businesses take priority over
				  other uses, and dredging and shoreline alterations are to be expected. Type 4
				  areas include the open waters of the Bay and the Sounds, where a balance must
				  be maintained among fishing, recreational boating, and commercial traffic. Here
				  high water quality and a healthy ecosystem are primary concerns. The last two
				  water use categories are assigned to areas adjacent to ports and industrial
				  waterfronts. In these waters, maintenance of adequate water depths is
				  essential, high water quality is seldom achievable, and some filling may be
				  desirable. Within Type 5 ports, a mix of commercial and recreational activities
				  must coexist, while in Type 6 waters, water dependent industrial and commercial
				  activities take precedence over all other activities. The water categories
				  described in this section are complemented by policies for shoreline types
				  (§ 1.2.2 of this Part), and the two must be combined to identify the
				  Program's policies for a specific coastal site.
B. Type 1 Conservation Areas
1. Included in this category are one or more
				  of the following:
a. Water areas that are
				  within or adjacent to the boundaries of designated wildlife refuges and
				  conservation areas;
b. Water areas
				  that have retained natural habitat or maintain scenic values of unique or
				  unusual significance; and c. Water areas that are particularly unsuitable for
				  structures due to their exposure to severe wave action, flooding, and
				  erosion.
2. Policies
a.  The Council's goal is to preserve and
				  protect Type 1 waters from activities and uses that have the potential to
				  degrade scenic, wildlife, and plant habitat values, or which may adversely
				  impact water quality or natural shoreline types.
b. The mooring of houseboats and floating
				  businesses, the construction of recreational boating facilities, filling below
				  mean high water, point discharge of substances other than properly treated
				  runoff water (see §1.3.1(F) of this Part), and the placement of industrial
				  or commercial structures or operations (excluding fishing and aquaculture) are
				  all prohibited in Type 1 waters.
c.
				  In Type 1 waters, activities and alterations including dredging, dredged
				  materials disposal, and grading and excavation on abutting shoreline features
				  are all prohibited unless the primary purpose of the alteration or activity is
				  to preserve or enhance the area as a natural habitat for native plants and
				  wildlife or a beach renourishment/ replenishment project. Structural shoreline
				  protection facilities shall not be permitted to preserve or enhance these areas
				  as a natural habitat or to protect the shoreline feature.
d. Notwithstanding the Council's prohibition
				  against construction of recreational boating facilities in Type 1 Waters, the
				  Council recognizes that some residential boating facilities may have preexisted
				  in Type 1 Waters prior to the formation of the Council. The Council's ultimate
				  goal is to remove said structures and restore the areas involved to be free of
				  all recreational boating facilities. Although recreational boating facilities
				  are inconsistent with the Council's goals for Type 1 Waters, and in order to
				  provide for the equitable transition and compliance with the Council's goals,
				  preexisting residential boating facilities may be permitted under the limited
				  terms and conditions set forth in §1.3.1(D) of this Part.
e. 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 1 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.
f. Applicants for Council Assents for
				  alterations or activities in or contiguous to Type 1 waters shall describe the
				  measures taken to mitigate impacts on the scenic quality of the area (see
				  § 1.3.5 of this Part).
g.
				  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 1 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.
C.
				  Type 2 Low Intensity Use
1. This category
				  includes waters in areas with high scenic value that support low intensity
				  recreational and residential uses. These waters include seasonal mooring areas
				  where good water quality and fish and wildlife habitat are
				  maintained.
2. Policies
a. The Council's goal is to maintain and,
				  where possible, restore the high scenic value, water quality, and natural
				  habitat values of these areas, while providing for low intensity uses that will
				  not detract from these values.
b.
				  New or deepened dredged channels and basins; new or deepened dredged channels
				  and basins at existing marinas that result in an expansion greater than
				  twenty-five percent (25%) of their capacity; new marinas and expansion of
				  preexisting marinas in excess of twenty-five percent (25%) of their capacity;
				  the mooring of houseboats and floating businesses; industrial and commercial
				  structures and operations (excluding fishing and aquaculture); and filling are
				  all prohibited in Type 2 waters.
c.
				  The Council's intent for preexisting marina operations located in Type 2 Waters
				  is to allow for their continued maintenance and viability as such operations.
				  Maintenance dredging, dock reconfigurations, activities such as travel lift
				  operations and other best available technologies, and other ancillary
				  activities necessary to maintain the operational viability of the facility,
				  should be expected to occur at preexisting marina operations in these waters.
				  Structural shoreline protection facilities should not be prohibited. Such
				  allowances will only be instituted at marina facilities with approved marina
				  perimeters and will be reviewed in accordance with applicable standards of
				  §1.3.1(D) of this Part. In order to be eligible for this policy,
				  applications for marina perimeters must be submitted to the CRMC by April 1,
				  1994. Current capacities of preexisting marinas, as found in CRMC approved
				  special area management plans, and similar management plans, should be
				  recognized and no attempt should be made to require these preexisting marinas
				  to meet their capacities as of January 1981.
d. Residential boating facilities, public
				  launching ramps, and structural shoreline protection facilities may be
				  permitted in Type 2 waters, provided it can be demonstrated that there will be
				  no significant adverse impact to coastal resources, water dependent uses or
				  public's use and enjoyment of the shoreline and tidal waters of the State. It
				  is the Council's policy that one or more of the following conditions describe a
				  situation, condition, or proposal that is deemed to have a significant adverse
				  effect on Rhode Island's coastal resources and therefore is grounds for denial
				  or modification of an application for an Assent:
(1) 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.);
(2) Access to the
				  construction site is not available without causing significant impacts to Rhode
				  Island's coastal resources (e.g. coastal wetlands);
(3) 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);
				  or
(4) Water depths adjacent to the
				  site would require dock span lengths in excess of the standards contained in
				  §1.3.1(D) of this Part in order to allow normal and appropriate use of the
				  dock by a vessel.
e.
				  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 § 1.3.5 of this Part).
f. 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:
(1) Winnapaug Pond
(2) Quonochontaug Pond
(3) Ninigret Pond (Charlestown
				  Pond)
(4) Green Hill Pond
(5) Potters Pond
(6) Point Judith Pond
(7) Nannaquaket Pond
(8) Palmer River
(9) Kickemuit River
(10) Fishing Cove (Wickford)
(11) Pettaquamscutt River
g. 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 2 waters
				  shall not significantly interfere with public use and enjoyment of such
				  facilities. Where significant interference is found, the Council shall suitably
				  modify or deny that alteration or activity.
D. Type 3 High Intensity Boating
1. This category includes intensely utilized
				  water areas where recreational boating activities dominate and where the
				  adjacent shorelines are developed as marinas, boatyards, and associated water
				  enhanced and water dependent businesses.
2. Areas suitable for marinas are severely
				  limited, and the steady growth in the number of recreational boats is
				  increasing the competition for the available facilities. Unfortunately,
				  sheltered waters suitable for marinas are limited, and most of the remaining
				  potential sites contain salt marshes that could only be developed at great
				  environ-mental as well as high economic costs. Persons proposing new marinas
				  are also hampered by local zoning and high land costs, and neighborhood
				  opposition is frequently vociferous. The solution to growing demand is
				  therefore to use the available facilities more efficiently and to recycle
				  already altered sites in the upper Bay and on excessed Navy holdings, such as
				  Allens Harbor in North Kingstown and along the Aquidneck west shore.
3. Type 3 waters and the adjacent shoreline,
				  while utilized intensely for the needs of the recreational boating public,
				  nevertheless retain numerous natural assets of special concern to the Council.
				  These include coastal wetlands, and the value these areas provide as fish and
				  shellfish spawning and juvenile rearing grounds. These factors must be weighed
				  when the Council considers proposals that may impact these assets.
4. Policies
a. The Council's goal is to preserve,
				  protect, and, where possible, enhance Type 3 areas for high intensity boating
				  and the services that support this activity. Other activities and alterations
				  will be permitted to the extent that they do not significantly interfere with
				  recreational boating activities or values.
b. The highest priority uses of Type 3 waters
				  and adjoining land areas within the Council jurisdiction are:
(1) Marinas, mooring areas, public launching
				  ramps, and other facilities that support recreational boating and enhance
				  public access to tidal waters; and
(2) Boatyards and other businesses that
				  service recreational boaters.
c. The Council encourages marinas to seek
				  innovative solutions to increased demands for moorings, dockage, and storage
				  space, and allows marina operators to alter the layout of their facilities (see
				  §1.3.1(D) of this Part).
d.
				  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.
E. Type 4 Multipurpose Waters
1. This category includes:
a. Large expanses of open water in
				  Narragansett Bay and the Sounds which support a variety of commercial and
				  recreational activities while maintaining good value as a fish and wildlife
				  habitat; and
b. Open waters
				  adjacent to shorelines that could support water dependent commercial,
				  industrial, and/or high intensity recreational activities.
2. Polices
a. The Council's goal is to maintain a
				  balance among the diverse activities that must coexist in Type 4 waters. The
				  changing characteristics of traditional activities and the development of new
				  water dependent uses shall, where possible, be accommodated in keeping with the
				  principle that the Council shall work to preserve and restore ecological
				  systems.
b. 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.
c. Aquaculture leases shall be considered if
				  the Council is satisfied there will be no significant adverse impacts on the
				  traditional fishery.
d. 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.
F. Type 5 commercial and recreational harbors
1. These waters are adjacent to waterfront
				  areas that support a variety of tourist, recreational, and commercial
				  activities. They include all or portions of the following harbor areas:
a. Newport Harbor
b. Bristol Harbor
c. Warren waterfront d. Wickford Harbor
e. Old Harbor, Block Island
f. East Greenwich Harbor
g. Watch Hill Harbor
2. Policies
a. 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.
b. The highest priority uses of Type 5 waters
				  and adjoining land areas within Council jurisdiction are:
(1) Berthing, mooring, and servicing of
				  recreational craft, commercial fishing vessels, and ferries;
(2) Water dependent and water enhanced
				  commerce, including businesses catering to tourists;
(3) Maintenance of navigational channels and
				  berths, and removal of obstructions to navigation; and
(4) Activities that maintain or enhance water
				  quality and scenic qualities, including the preservation of historic features.
(AA) The Council shall suitably modify or
				  prohibit activities that significantly detract from or interfere with these
				  priority uses.
c. Applicants for Council Assents for
				  alterations or activities in Type 5 waters shall describe measures taken to
				  mitigate impacts on the scenic quality of the area (see § 1.3.5 of this
				  Part).
G.
				  Type 6 industrial waterfronts and commercial navigation channels
1. These water areas are extensively altered
				  in order to accommodate commercial and industrial water dependent and water
				  enhanced activities. They include all or portions of the following areas:
a. Port of Providence
b. Tiverton shipping area
c. Quonset Point and Davisville
d. Coddington Cove
e. Melville
f. Galilee and Jerusalem
g. Westerly waterfront
2. Policies
a. 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.
b. Highest
				  priority uses of Type 6 waters and adjacent lands under Council jurisdiction
				  are:
(1) Berthing, loading and unloading, and
				  servicing of commercial vessels;
(2) Construction and maintenance of port
				  facilities, navigation channels, and berths; and
(3) Construction and maintenance of
				  facilities required for the support of commercial shipping and fishing
				  activities.
(AA) The Council shall prohibit
				  activities that substantially detract from or interfere with these priority
				  uses.
c. 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.
d. 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.