reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 6 - Rhode Island Coastal Resources Management Program - Greenwich Bay SAMP (650-RICR-20-00-6) › Section 650-RICR-20-00-6.4 - Regulations (formerly Chapter 9)

Current through June 14, 2024
The Rhode Island Coastal Resources Management Program
					 (RICRMP) should be referred to for specific regulatory requirements on any
					 activities that occur within the Greenwich Bay watershed. All applicants shall
					 follow applicable requirements as contained in the Red Book, Part 1 of this
					 Subchapter, including and specific requirements listed under water types in
					 §
										1.2 of
					 this Subchapter and additional Category B requirements in §1.3.1(A) of
					 this Subchapter, the requirements and prerequisites in §1.3.3 of this
					 Subchapter for Inland Activities and §1.3.6 of this Subchapter for Public
					 Access, and any regulations in this Part.
6.4.1
Coastal Buffer Zones (formerly
				  §910)
A. Policies (formerly
				  §910.2)
1. CRMC will update and develop
				  standards for coastal buffer zone management specifically within suburban
				  areas. Once completed, the CRMC will amend the Special Area Management Plan to
				  adopt the new standards.
2. The
				  CRMC recognizes that there are many properties along shorelines, tributaries,
				  and freshwater and coastal wetlands in the Greenwich Bay watershed that do not
				  have established vegetated buffers. Therefore, the CRMC encourages the planting
				  on these lots of native plant communities to enhance wildlife habitat and
				  improve water quality.
3. It is the
				  CRMC's policy to develop conservation easements for the Greenwich Bay watershed
				  that permanently restrict development, such as docks, in coastal
				  buffers.
4. The CRMC recognizes the
				  proven benefits of using low impact development (LID) techniques such as rain
				  gardens, biofiltration, pervious pavers, and other infiltration methods on
				  individual lots to treat stormwater runoff and improve the quality of water
				  entering Greenwich Bay and its tributaries.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 7 - Aquidneck Island SAMP Coastal Development Regulations › Section 650-RICR-20-00-7.1 - Authority, Intent and Purpose (formerly section 120)

Current through June 14, 2024
A.
				  Pursuant to the federal Coastal Zone Management Act of 1972 (16 U.S.C. §§
											1451 through
				  1466) and R.I. Gen. Laws Chapter
				  46-23 the Coastal Resources Management Council is authorized to develop and
				  implement special area management plans.
B. It is the intent of the Rhode Island
				  Coastal Resources Management (CRMC) to develop and implement a Special Area
				  Management Plan (SAMP) for the west side of Aquidneck Island and the adjacent
				  waters that protects the ecological, economic, recreational, historic,
				  cultural, and aesthetic values of Aquidneck Island, and is in support of the
				  Aquidneck Island West Side Master Plan, other local plans, and all state and
				  federal CRMC requirements. The first element of the Aquidneck Island SAMP will
				  be achieved through the development and implementation of the Aquidneck Island
				  coastal development (ACD) regulations to guide development along the west side
				  shoreline.
C. The primary purpose
				  of the ACD regulations and the Aquidneck Island SAMP is to serve as a coastal
				  management tool to ensure consistency between municipal, state and federal
				  polices and regulations. The ACD regulations and the Aquidneck Island SAMP will
				  focus on achieving the following goals:
1.
				  Increase and maintain public access to and along the shoreline:
2. Encourage marine-related and other
				  economic development based on coastal smart growth principles;
3. Preserve and restore the aesthetic value
				  of this west side shoreline; and
4.
				  Ensure CRMC water type designations are consistent with the adjacent proposed
				  land uses.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 7 - Aquidneck Island SAMP Coastal Development Regulations › Section 650-RICR-20-00-7.2 - Definitions

Current through June 14, 2024
A. Definitions for this Part are as follows:
1. "Areas of particular concern" or "APC"
				  zone means areas within the Aquidneck Island SAMP boundary that have been
				  identified either as highly significant habitats or as areas of significant
				  public recreation and open space value. The conservation parcel designations
				  have been identified using a ranking system that includes habitat quality, use
				  of the site by wildlife, presence of rare species, and geographic relationships
				  (i.e., contiguous parcels with habitat value). The delineation of recreation
				  and open space parcels are based primarily on priority areas identified in the
				  West Side Master Plan.
2. "Coastal
				  greenway" means a land area that:
a. is
				  located within the Aquidneck Island SAMP boundary and adjacent to a coastal
				  shoreline feature(s) as defined in §1.2.2 of this Subchapter;
b. is, or will be, appropriately vegetated
				  with native, non-invasive plant communities with sustainable landscape methods
				  that serve as a natural transition zone between the shoreline and adjacent
				  upland development;
c. will provide
				  public access to and along the shoreline;
d. will be established, maintained, and
				  managed to protect aquatic, wetland, shoreline, and terrestrial resources from
				  man-made disturbances and coastal flood hazards, while providing for economic
				  development; and e. will contribute to the economic development of the
				  region.
3. "Other areas
				  zone" means areas that are not defined as redevelopment zones or areas of
				  particular concern.
4.
				  "Redevelopment zone" means areas on the west side of Aquidneck Island that have
				  been specifically designated for high density development by the local
				  municipality or the state. Many parcels within this zone have been identified
				  by the West Side Master Plan as growth centers. This zone also incorporates
				  large parcels within the Aquidneck Island SAMP boundary that were formerly used
				  by the U.S. Navy for fuel or materials storage and are therefore constrained by
				  the existence of utility corridors, and/or the need for site remediation prior
				  to residential or commercial development. The boundaries of this redevelopment
				  zone are identified on the Aquidneck Island SAMP Map (See Figure 2 in §
											7.1(K) of
				  this Part) and include the Newport Naval Hospital and the Weaver Cove/Melville
				  Marine Center and the Arnold's Point area in Portsmouth.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 7 - Aquidneck Island SAMP Coastal Development Regulations › Section 650-RICR-20-00-7.3 - Aquidneck Island SAMP Coastal Development Policies (formerly section 130)

Current through June 14, 2024
A. CRMC Jurisdiction - The CRMC herein
				  establishes the Aquidneck Island Coastal Development (ACD) policy specifically
				  for projects located within the Aquidneck Island SAMP boundary (See Figure 1 in
				  §
										7.1(J) of
				  this Part). These provisions will be applied only to those upland projects or
				  upland portions of projects located within CRMC jurisdiction located either on
				  a coastal shoreline feature or the 200-foot contiguous area adjacent to a
				  coastal shoreline feature to ensure compliance with the Coastal Resources
				  Management Program and applicable policies and standards of the AI SAMP. The
				  policies herein include provisions for implementing a coastal greenway in lieu
				  of a standard CRMC buffer. Therefore, applicants for projects abutting the
				  shoreline will have a choice of either following the setback and buffer
				  requirements as set forth in §§1.1.9 and 1.1.11 of this Subchapter or
				  adhering to the coastal greenway requirements as described below. Coastal
				  properties within CRMC jurisdiction that do not directly abut the shoreline are
				  not eligible for a coastal greenway, but must adhere to all other applicable AI
				  SAMP provisions such as stormwater and vegetative cover requirements. Further,
				  these ACD regulations, when applicable and as determined by CRMC, will
				  supersede Table 2 in §1.1.5 of this Subchapter and §§1.1.6,
				  1.1.9, 1.1.11, 1.3.1(B), 1.3.1(G), 1.3.3, and 1.3.4 of this Subchapter. All
				  other RICRMP (Part 1 of this Subchapter) requirements shall remain in full
				  force and effect.
1. Notwithstanding the
				  preceding, a Council Assent is required for any alteration or activity that is
				  proposed on tidal waters; shoreline features; and 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. A Council Assent is required for any
				  alteration or activity any portion of which extends onto the most inland
				  shoreline feature or its 200 foot contiguous area. Other activities may also
				  require a Council Assent as specified in §1.1.4 of this
				  Subchapter.
2. All federal
				  activities are subject to federal consistency review in accordance with
				  §1.3.7 of this Subchapter.
3.
				  Specific activities that trigger the Aquidneck Island coastal greenway
				  requirements are explained in §
											7.4 of this Part.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 7 - Aquidneck Island SAMP Coastal Development Regulations › Section 650-RICR-20-00-7.4 - Activities That Trigger AI Coastal Greenway Requirements (formerly section 140)

Current through June 14, 2024
A. Applicability
1. The following activities shall be subject
				  to the Aquidneck Island Coastal Development (ACD) requirements when an
				  applicant chooses the coastal greenway option, rather than the standard setback
				  and buffer requirements of §§1.1.9 and 1.1.11 of this Subchapter.
				  Further, these requirements shall be applied when any portion of a project
				  extends onto a shoreline feature or its 200 foot contiguous area within the
				  Aquidneck Island SAMP boundary area.
a.
				  Development - the construction of any new commercial, industrial, or
				  residential structures as defined in §1.3.1(C) of this Subchapter. This
				  also includes structures accommodating a mix of uses within a single
				  development, building, or tract, as allowed by a municipality.
b. Redevelopment - the alteration or
				  reconstruction of any existing commercial, industrial, or multi-residential
				  structures that results in:
(1) An increase
				  of building or accessory structure footprints by twenty (20) per cent or more
				  over existing conditions as of the adoption date of the AI SAMP CG regulations.
				  In computing the 20% or more expansion, all structures within 200 feet of the
				  coastal feature shall be considered, as well as all structures subject to CRMC
				  jurisdiction on the project site; or
(2) An increase of ten thousand (10,000)
				  square feet of gross floor area of any building or group of buildings on a
				  project site; or
(3) The addition
				  of 20,000 square feet or greater of new impervious surface area (i.e.,
				  buildings or parking areas) on the project parcel. (Note: Excludes resurfacing
				  of existing paved areas.); or
(4) A
				  material change or intensification of use of an existing structure or transfer
				  of ownership from government, (municipal, state, or federal) for private
				  development activity.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 7 - Aquidneck Island SAMP Coastal Development Regulations › Section 650-RICR-20-00-7.6 - Areas of Particular Concern (formerly section 160)

Current through June 14, 2024
A
				  The areas of particular concern (APC) zone are as defined in §
										7.2(A)(1) of
				  this Part.
B. Policy
1. Within the APC Zone, it is the policy of
				  the CRMC to maintain and restore native vegetated coastal buffers with maximum
				  widths to protect the valuable habitats and/or contiguous vegetated corridors
				  contained within the zone consistent with §1.1.11 of this Subchapter. The
				  CRMC does not support projects that propose to alter existing natural areas
				  having high environmental value for habitat, recreation, or scenic quality, as
				  delineated on the AI SAMP map (See §
											7.11 of this Part: Appendix
				  A - Habitat Values and Habitat Linkage for Unbuilt Lands With the Aquidneck
				  Island SAMP Boundary). Accordingly, projects that propose to alter these
				  habitats are inconsistent with this policy, and are strongly
				  discouraged.
2. Applicants have a
				  choice of either Option 1 (standard buffer width) or Option 2 (variance
				  request) as detailed below for projects located in the APC Zone.
3. Any public access plans should be
				  consistent with Section 335 of the CRMP.
4. Projects under either option must meet the
				  25% minimum vegetative cover and stormwater management requirements described
				  in §
											7.5 of this Part.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 7 - Aquidneck Island SAMP Coastal Development Regulations › Section 650-RICR-20-00-7.7 - Redevelopment Zone (formerly section 170)

Current through June 14, 2024
A. The Aquidneck
				  Island redevelopment zone is defined in §
										7.2(A)(4) of
				  this Part. Specific redevelopment zones include the following large parcels:
1. Portsmouth
a. Arnold Point: The area generally known as
				  Arnold Point is bounded by Musselbed Shoals on the north and the Carnegie Abbey
				  Golf Course property on the south. Target uses include residential-resort,
				  featuring golf, marina, equestrian, linked coastal walkways and related
				  amenities. Developments should orient uses toward commanding vistas of
				  Narragansett Bay, the Mount Hope Bridge and the former Weyerhaeuser Fire
				  Pond.
b. Melville/Weaver Cove
				  redevelopment area: The Melville/Weaver Cove redevelopment area is envisioned
				  as a destination area for marina development and tourism. Sub-districts within
				  this area include:
(1) the Weaver Cove Village
				  which includes land on both sides of Shoreline Drive south of the most
				  southerly parcel boundary with frontage on Maritime Drive and Regatta
				  Road;
(2) the Melville Marine
				  Center which includes the land north of Weaver Cove Village and the area
				  identified as Tank Farm #1 in the West Side Master Plan;
(3) Tank Farm #2 which includes the area
				  identified in the West Side Master Plan as being occupied by the Navy Tank Farm
				  on a hill east of Weaver Cove; and
(4) Tank Farm #3 is located near Defense
				  highway and the Weaver Cove region.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 7 - Aquidneck Island SAMP Coastal Development Regulations › Section 650-RICR-20-00-7.8 - Other Areas Zone (formerly section 180)

Current through June 14, 2024
Areas that are not defined as Redevelopment Zones or Areas
					 of Particular Concern must meet applicable requirements of the CRMP. Buffers
					 will be assigned in accordance with Table 1 in §
										7.7(C)(1) of
					 this Part (above) and a public access plan must be provided as part of the
					 project in accordance with §1.3.6 of this Subchapter.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 7 - Aquidneck Island SAMP Coastal Development Regulations › Section 650-RICR-20-00-7.9 - Brownfield Redevelopment within the Aquidneck Island SAMP (formerly section 190)

Current through June 14, 2024
A. Aquidneck Island
				  coastal development policies for brownfield sites
1. Rhode Island Department of Environmental
				  Management (RIDEM)-designated brownfield sites shall receive additional
				  consideration with regard to Aquidneck Island coastal development requirements.
				  The CRMC has established a maximum application fee of $5000 for all
				  DEM-designated brownfield development projects (See §10-00-1.4.6 (A)(21)
				  of this Title).
2. Brownfield sites
				  pose unusual economic constraints, given the common need for remediation that
				  may result in significant expense to the developer. The CRMC encourages
				  thoughtful redevelopment of these contaminated sites, and believes that it is
				  possible to proceed with such redevelopment in a manner that improves the
				  natural environment while allowing for the fiscal realities of such an
				  endeavor.
3. It is therefore the
				  policy of the CRMC to require the maximum coastal greenway width practicable
				  within brownfield sites while allowing for flexibility in the implementation of
				  these rules on these sites, based upon the applicant meeting the criteria
				  defined in §
											7.5 of this Part for
				  vegetation targets, stormwater treatment and public access. See the Urban
				  Coastal Greenway Design Manual for recommended approaches to stormwater
				  treatment and habitat improvement in brownfield sites.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 7 - Aquidneck Island SAMP Coastal Development Regulations › Section 650-RICR-20-00-7.10 - Coastal Greenway Management and Maintenance Requirements (formerly section 200)

Current through June 14, 2024
A. The owner of
				  record of a property with a coastal greenway is responsible for maintaining the
				  greenway in accordance with the operative RICRMC Assent, unless the greenway is
				  transferred to another agent (i.e., the municipality, a land trust, etc.) with
				  that agent's agreement to provide maintenance. The Council shall be the
				  beneficiary of any coastal greenway easements, and all easements shall be
				  placed in the land evidence records of the municipality of
				  jurisdiction.
B. All alterations
				  within established coastal greenways or alterations to natural vegetation
				  (i.e., areas not presently maintained in a landscaped condition as of the
				  effective date of this policy) within the Council's jurisdiction may be
				  required to submit a coastal greenway management plan for the Council's
				  approval that is in compliance with the requirements of this section and the
				  Council's most recent edition of the Urban Coastal Greenway Design Manual.
				  Coastal greenway management plans shall include a description of all proposed
				  alterations and methods of avoiding problem areas such as the proper placement
				  and maintenance of pathways. Applicants should consult the Council's most
				  recent edition of Urban Coastal Greenway Design Manual when preparing a coastal
				  greenway management plan.
C. No
				  encroachments shall be allowed within the coastal greenway at any
				  time.
D. Penalties - Failure to
				  adhere to these policies will result in enforcement action including fines,
				  liens, restoration, and/or revocation of the Council Assent.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 7 - Aquidneck Island SAMP Coastal Development Regulations › Section 650-RICR-20-00-7.11 - Appendix A- Habitat Values and Habitat Linkage for Unbuilt Lands within the Aquidneck Island SAMP Boundary

Current through June 14, 2024
A. Map 1 - Habitat
				  Value (Ranking)
B. Map 2 - Habitat
				  Linkage Score
C. Map 3 - Plant
				  Community
D. PDF Map showing the
				  combined three attribute layers above is available on the CRMC website here:
http://www.crmc.ri.gov/samp_ai/AI_SAMP_Habitat_Linkage_Map.pdf
1. Map 1: Habitat Value (Ranking)
Click
					 here to view
2.
				  Map 2: Habitat Linkage Score
Click
					 here to view
3.
				  Map 3: Plant Community
Click
					 here to view
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.1 - Authority and Purpose

Current through June 14, 2024
A. These Rules and
				  Regulations (Rules) are promulgated by the Coastal Resources Management Council
				  (CRMC) pursuant to R.I. Gen. Laws §
										46-23-6, as amended, and
				  consistent with R.I. Gen. Laws §§
										2-1-18 through
				  2-1-20.1 and 21-27.
B. The CRMC shall be responsible for the
				  protection and management of freshwater wetlands in the vicinity of the coast
				  as depicted on the map in §
										9.22 of this Part. The CRMC
				  may at any time, when necessary, consult with and/or coordinate its
				  responsibilities and duties with the DEM.
C. These Rules are promulgated by the CRMC
				  to:
1. Administer and enforce R.I. Gen. Laws
				  §§
											46-23-6(2)(iii)(E) and
				  (iv), as amended, in regard to freshwater
				  wetlands in the vicinity of the coast; and
2. Preserve, protect, and restore the purity
				  and integrity of all freshwater wetlands, buffers and floodplains located in
				  the vicinity of the coast within the State of Rhode Island so that these
				  resources shall be available for all beneficial purposes, and thus protect the
				  health, welfare, and general wellbeing of the people and the environment of
				  Rhode Island.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.3 - Incorporated Materials

Current through June 14, 2024
A. These
				  Regulations hereby adopt and incorporate the U.S. Army Corps of Engineers
				  "National Wetland Plant List: State of Rhode Island Wetland Plant List" (2018)
				  by reference, not including any further editions or amendments thereof and only
				  to the extent that the provisions therein are not inconsistent with these
				  Regulations.
B. These Regulations
				  hereby adopt and incorporate the "Rhode Island Rare Plants" (2016) prepared by
				  the Rhode Island Natural History Survey from R. W. Enser (2007) and the Rhode
				  Island Wildlife Action Plan Appendix 1d (2015), by reference, not including any
				  further editions or amendments thereof and only to the extent that the
				  provisions therein are not inconsistent with these Regulations.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.5 - Applicability and Regulated Activities

Current through June 14, 2024
9.5.1
General
				  Applicability to Freshwater Wetlands
A. The CRMC shall be responsible for
				  administering and enforcing these Rules.
These Rules shall be liberally construed to permit the CRMC
					 to effectuate the purposes of R.I. Gen. Laws §§
												46-23-6(2)(iii)(E),
					 2-1-18, and
					 2-1-19.
B. For the purpose of the Rules of this Part
				  the following features are not considered freshwater wetlands or freshwater
				  wetlands for farmers conducting normal farming or ranching activities:
1. Bermed spill containment areas;
2. Commercial or industrial ponds created for
				  the purpose of providing cooling water;
3. Concrete or poly-lined ponds;
4. Construction dewatering basins;
5. Ditches which are stormwater channels that
				  do not flow into, flow out of, or connect freshwater wetlands;
6. Ornamental or reflecting pools that are
				  lined and were not created in freshwater wetlands;
7. Puddles which are small, shallow pools of
				  water that form temporarily on pavement or uplands during or immediately after
				  a precipitation event, and that do not contain hydrophytic vegetation or hydric
				  soil typical of freshwater wetlands and do not meet the definition of vernal
				  pool;
8. Stormwater control
				  features excavated, constructed or installed to convey, store, or treat
				  stormwater runoff, including detention basins, retention basins, bio-retention
				  basins, bio-filtration areas, rain gardens, and wet vegetated treatment
				  systems;
9. Wash ponds created for,
				  and that have been in continuous use as part of, an existing or approved mining
				  operation;
10. Lagoons created for
				  the purpose of wastewater treatment; and
11. Ponds created for the purpose of
				  recycling wastewater.
C.
				  Notwithstanding § 9.5.1(B) of this Part, a freshwater wetland permit may
				  be required for construction, modification or removal of any such feature that
				  is located within a jurisdictional area as specified in § 9.5.2 of this
				  Part.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.9 - Request to Determine the Presence of Jurisdictional Area, Request to Verify Freshwater Wetland Edges, or Request for Regulatory Applicability

Current through June 14, 2024
9.9.1
Purpose
A. An application may be made to the CRMC to
				  request a determination regarding:
1. The
				  presence of jurisdictional area on the property which is regulated under the
				  Act (see § 9.9.2 of this Part).
2. The verification of the delineated edge of
				  freshwater wetlands on the property (see § 9.9.3 of this Part);
3. Whether the Rules apply to a proposed
				  project, or not, or confirmation that a project is exempt according to §
												9.6 of this Part (see §
				  9.9.4 of this Part).
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.10 - Freshwater Wetland General Permits

Current through June 14, 2024
A. The CRMC may
				  issue a general permit in accordance with the following:
1. Scope. The general permit shall cover
				  projects and activities as described in the permit within a jurisdictional
				  area, as defined herein;
2.
				  Sources. The general permit shall regulate, within the scope described in
				  § 9.8.5(A) above, projects or activities that:
a. Involve the same or substantially similar
				  types and areas of alteration and impacts;
b. Occur only within the jurisdictional area
				  identified in the general permit;
c. Involve similar land uses; and d. In the
				  opinion of the CRMC, are more appropriately authorized under a general permit
				  rather than individual freshwater wetlands permits;
3. The general permit shall define, identify
				  and regulate specific eligible projects or activities that may be proposed
				  within a jurisdictional area;
4.
				  General permits may be issued, modified, revoked, and reissued or terminated by
				  the CRMC in accordance with applicable requirements of these Rules;
a. Freshwater wetlands general permits may be
				  periodically issued, modified or revoked in accordance with requirements of
				  these Rules and following a forty-five (45) day public notice and comment
				  period;
b. The public notice shall
				  be provided to the municipal contacts as identified in accordance with §
				  9.8.11 of this Part, and it will also be made available on the CRMC's web page;
				  and
c. A freshwater wetlands general
				  permit shall be valid for a period of five (5) years. Its renewal shall also be
				  subject to a forty-five (45) day public notice and comment period.
5. An applicant may not proceed
				  under a general permit until an application has been made to the CRMC and
				  written confirmation has been received that a proposed project or activity is
				  eligible for authorization under the general permit; and
6. The contents of the application shall be
				  specified in the general permit and shall require the submission of information
				  necessary for adequate program implementation, including at a minimum, the
				  legal name and address of the applicant, the location of the project site, and
				  such other information the CRMC may reasonably require under §
											9.8 of this Part. All
				  applications shall be signed in accordance with § 9.8.3 of this
				  Part.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.11 - Application for a Freshwater Wetlands Permit

Current through June 14, 2024
9.11.1
Purpose and Outcomes
A. An
				  application for a freshwater wetlands permit may be submitted to the CRMC to
				  receive a determination as to whether or not all applicable standards specified
				  in § 9.7.1 of this Part have been met or, if not, whether or not a
				  proposed project may be granted a variance from the standards without the
				  submittal of an application for a significant alteration.
B. The CRMC's review of an application for a
				  freshwater wetlands permit may result in one (1) of the following outcomes:
1. Issuance of a permit, with conditions, for
				  alteration of freshwater wetlands, including, if applicable, granting of a
				  variance to the standards specified in § 9.7.1 of this Part; or
2. Issuance of a determination that a
				  significant alteration has been proposed and that a permit may be sought only
				  by filing an application for a significant alteration under §
												9.12 of this Part;
				  or
3. Issuance of a determination
				  that a permit is not required, along with conditions deemed necessary to ensure
				  that this remains the case in the future.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.12 - Application for a Significant Alteration

Current through June 14, 2024
9.12.1
Purpose
A. An application for a
				  significant alteration will be required if a significant alteration is
				  proposed. Such an application is subject to the application procedures and
				  requirements as set forth in R.I. Gen. Laws §
											2-1-22 and within these
				  Rules.
B. A significant alteration
				  results from a project that:
1. Because of its
				  area, scope or duration, appears to represent more than a minimal change in or
				  modification to the natural characteristics, functions or values of any
				  freshwater wetland, buffer, floodplain, area subject to flooding or area
				  subject to storm flowage;
2. May be
				  detrimental to the basic natural capabilities or values associated with such
				  freshwater wetland, buffer, floodplain, area subject to flooding or area
				  subject to storm flowage; or
3.
				  Appears to be random, unnecessary or undesirable.
C. Prior to filing an application for a
				  significant alteration, an applicant may file an application for a freshwater
				  wetlands permit to determine whether or not a project appears to represent a
				  significant alteration to freshwater wetlands, buffer, floodplain, area subject
				  to flooding or area subject to storm flowage.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.13 - Applications Relating to Farmers

Current through June 14, 2024
9.13.1
Definition of Farmer
A farmer, as defined in §
											9.4(A) of
					 this Part, means an individual, partnership or corporation that operates a farm
					 and has filed a Form 1040F or comparable instrument with the U.S. Internal
					 Revenue Service, has a State of Rhode Island farm tax number, and has earned
					 ten thousand dollars ($10,000.00) gross income on farm products in each of the
					 preceding four (4) years.
9.13.2
Regulated Areas for Certain
				  Farming and Ranching Activities by Farmers
A. The regulated areas for farmers, as
				  defined herein, conducting normal farming and ranching activities or proposing
				  to construct new farm ponds, new farm roads or new drainage structures, as
				  specified in §§ 9.13.3 and 9.13.4 of this Part, below, shall include
				  the following areas:
1. Freshwater
				  wetlands;
2. Floodplains;
3. Areas subject to storm flowage;
4. Areas subject to flooding;
5. The land area within two hundred feet
				  (200') of a flowing body of water having a width of ten feet (10') or more
				  during normal flow;
6. The area of
				  land within one hundred feet (100') of a flowing body of water having a width
				  of less than ten feet (10') during normal flow;
7. The area of land within fifty feet (50')
				  of a bog, marsh of one (1) acre or greater, swamp of three (3) acres or
				  greater, and pond not less than one quarter (1/4) acre in
				  extent.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.15 - Enforcement

Current through June 14, 2024
9.15.1
Enforcement
As set forth in R.I. Gen. Laws §§
											46-23-7 through
					 46-23-7.5, the CRMC shall have the
					 power to issue enforcement notices, orders, and requirements to ensure
					 compliance with these Rules.
9.15.2
Revocation of Permit
The CRMC may revoke permit for noncompliance with or
					 violation of its terms after written notice of intention to do so has been
					 given the holder, and the holder, in return, has been given the opportunity to
					 present evidence to the contrary to the CRMC. Financial hardship on the part of
					 the holder shall not be a defense to the revocation of a permit. The CRMC may
					 also revoke a permit if it finds that the holder or his agent submitted
					 relevant false information to the CRMC.
9.15.3
Appeal of Enforcement
				  Actions
Appeals of any CRMC enforcement action shall be in
					 accordance with R.I. Gen. Laws Chapter 46-23.
9.15.4
Consent Agreements
A. In resolution of a contested enforcement
				  action, the CRMC and alleged violator may enter into negotiated settlement
				  discussions. The purpose of such discussions will be to formulate an acceptable
				  resolution of the enforcement action by a consent agreement executed by all
				  parties.
B. As a result of
				  negotiated settlement discussions, a consent agreement may be executed by the
				  parties addressing the disposition of any orders raised in the enforcement
				  action.
C. A consent agreement
				  executed by the parties involved is deemed a final order of the CRMC and is
				  enforceable by resort to Superior Court.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.16 - Municipal Petition Process

Current through June 14, 2024
A. A municipality
				  may petition the CRMC to amend the buffer standard to increase the width of a
				  designated buffer zone protecting one (1) or more freshwater wetland resources
				  within the associated contiguous jurisdictional area. The municipal petition
				  shall specify the buffer zone increase requested.
B. A municipal petition shall be submitted in
				  writing, and it shall be accompanied by a formal council resolution passed by
				  the municipal government.
C.
				  Municipal petitions must include the following:
1. A detailed description of the freshwater
				  wetland resource(s) to be protected.
2. The technical justification for the
				  proposed buffer zone increase, including an assessment of the freshwater
				  wetland resources' functions and values that contribute to the need for the
				  buffer zone increase. The assessment may include, but is not limited to, the
				  freshwater wetland size(s), classification, flood protection value, water
				  quality improvement function, plant and wildlife habitat and diversity, the
				  presence of rare plant or animal species, and the freshwater wetland resources'
				  condition. The municipal petition shall be based on Rhode Island-specific
				  information or other relevant data or studies that support the need for the
				  additional buffer zone protection.
3. A map depicting the location of the
				  freshwater wetland resource(s) subject to the increased buffer zone
				  distance.
4. Any additional
				  information that the CRMC determines is necessary to properly evaluate the
				  municipal petition.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.17 - Public Access to Records

Current through June 14, 2024
A. Information,
				  forms, or other materials related to the Act, these Rules, and actions taken
				  are available at the CRMC. Office hours are 8:30 a.m. to 4:00 p.m. daily except
				  Saturdays, Sundays, and State holidays. As appropriate, an appointment during
				  office hours may be scheduled in advance.
B. Access to records on file shall be in
				  accordance with R.I. Gen. Laws §
										38-2-1
et seq.
and § 10-00-1.15 of this Title. A fee shall be required to cover the costs
				  of copying, and may be required to cover the costs of search and retrieval of
				  documents.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.18 - Severability

Current through June 14, 2024
A. If any provision of these Rules or the
				  application thereof to any person or circumstances is held invalid by a court
				  of competent jurisdiction, the validity of the remainder of the Rules shall not
				  be affected thereby.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.19 - Superseded Rules

Current through June 14, 2024
A. On the effective
				  date of these Rules, all previous Rules, and any policies regarding the
				  administration and enforcement of the "Rules and Regulations Governing the
				  Protection and Management of Freshwater Wetlands in the Vicinity of the Coast"
				  shall be superseded, notwithstanding the following:
1. Any application submitted to the CRMC
				  prior to the effective date of these Rules shall be governed by the Rules in
				  effect at the time the application was filed;
2. Any enforcement action taken by the CRMC
				  prior to the effective date of these Rules shall be governed by the Rules in
				  effect at the time of the enforcement action;
3. Applicants for projects that have obtained
				  a valid master plan approval from a municipality on or before the effective
				  date of the Rules may elect to comply with the prior Rules and Regulations
				  Governing the Protection and Management of Freshwater Wetlands in the Vicinity
				  of the Coast, in effect as of February 17, 2011, provided that a complete
				  application for the project is submitted to the CRMC on or within sixty (60)
				  days from the effective date of these Rules. A copy of master plan approval
				  shall be submitted with the application to demonstrate eligibility under §
											9.19 of this Part;
				  and
4. Applicants who possess a
				  valid municipal building permit issued on or before the effective date of these
				  Rules shall be governed by the Rules applicable at the time the building permit
				  was issued. A project within a jurisdictional area for which a valid building
				  permit has been issued that was not subject to permitting under the prior Rules
				  may be constructed in accordance with the building permit without a requirement
				  to obtain a freshwater wetlands permit for the subject project. Proposed new
				  projects or alterations within a jurisdictional area may need to obtain a
				  freshwater wetland permit in accordance with these Rules.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.20 - Effective Date

Current through June 14, 2024
Upon adoption by the Council and following filing with the
					 Secretary of State these Rules will become effective on July 1,
					 2022.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.22 - Freshwater Wetlands Jurisdictional Boundary Map

Current through June 14, 2024
Click
					 here to view image
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.23 - Statewide Buffer Zone Designations

Current through June 14, 2024
A.
										§
										9.23 of this Part presents
				  the statewide buffer zones designated by the CRMC to protect freshwater
				  wetlands, including rivers and ponds consistent with §
										9.7 of this Part. The buffer
				  zones are applicable to projects or activities that are subject to freshwater
				  wetland permitting requirements except as otherwise provided for in
				  §§ 9.5.7 and 9.13.1 through 9.13.4 of this Part, which governs
				  freshwater wetlands for farmers, as defined in §
										9.4(A) of
				  this Part, conducting farming activities.
B. The designated buffer zones are organized
				  into regions that are depicted on a map described in §
										9.23(C) of
				  this Part, below, and included in §
										9.24 of this Part. The
				  regions are:
1. Non-urban River Protection
				  Region 1 and River Protection Region 2:
These Regions include watershed areas that are high
					 priorities for conservation of fish and wildlife habitat, including rivers
					 which rank highest on a Rhode Island stream condition index, as well as areas
					 of the State that exhibit a mix of land uses and watershed characteristics and
					 settings.
2. Urban: This
				  region includes densely developed areas of the State including portions of
				  watersheds that contain high percentages of impervious cover and areas that are
				  already developed or altered.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.24 - Freshwater Wetlands Buffer Regions Map

Current through June 14, 2024
Click
					 here to view image
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 05 - Ocean Special Area Management Plan › Part 2 - RICRMP: Ocean SAMP - Chapter 2 - Ecology (650-RICR-20-05-2) › Section 650-RICR-20-05-2.1 - Authority

Current through June 14, 2024
A. As authorized by the federal Coastal Zone
				  Management Act of 1972 (16
				  U.S.C. §§
											1451 through
				  1466) and R.I. Gen. Laws Chapter
				  46-23 the Coastal Resources Management Council may implement special area
				  management plans.
B. The
				  regulations herein constitute a RICR regulatory component of the Ocean Special
				  Area Management Plan (SAMP) Chapter 2 - Ecology of the Ocean SAMP Region, and
				  must be read in conjunction with the other RICR regulatory components and
				  chapters of the Ocean SAMP for the full context and understanding of the CRMC's
				  findings and policies that form the basis and purpose of these regulations. The
				  other RICR regulatory components and chapters of the Ocean SAMP should be
				  employed in interpreting the regulations herein and R.I. Gen. Laws §
										46-23-1, et seq.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 05 - Ocean Special Area Management Plan › Part 2 - RICRMP: Ocean SAMP - Chapter 2 - Ecology (650-RICR-20-05-2) › Section 650-RICR-20-05-2.2 - Purpose

Current through June 14, 2024
The purpose of these rules is to carry out the
					 responsibilities of the Coastal Resources Management Council in establishing
					 the Ocean Special Area Management Plan (SAMP) for the offshore waters (beyond 3
					 nautical mile state water boundary) within the geographic location description
					 (GLD) and to provide the regulatory framework for promoting a balanced and
					 comprehensive ecosystem-based management approach to the development and
					 protection of Rhode Island's ocean-based resources. In addition, these rules
					 establish the regulatory standards and enforceable policies within the GLD for
					 purposes of the federal Coastal Zone Management Act federal consistency
					 provisions pursuant to 16
					 U.S.C. §
											1456 and 15 C.F.R. Part
					 930.