Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.5 - Notification and Review of Permit Applications

Current through June 14, 2024
1.5.1
Notification
A. Upon receipt of
				  complete applications, including necessary plans and attachments thereto which
				  meet all the prerequisites of the Council as set forth herein, the Council
				  shall cause to place public notice of the pendency of said application and a
				  brief description of the proposed activity, the Regulations from which
				  variances are sought and the percent of the deviation from the standard and/or
				  whether a special exception is required.
B. Public notice shall be sent on formal
				  applications and/or starred (*) administrative applications to immediate
				  abutters, appropriate municipal agencies in the area or areas so affected by
				  the activity, appropriate quasi-municipal and State agencies which may be
				  affected by the proposed activity, appropriate citizen interest groups, as well
				  as State and local officials in the area or areas of the proposed
				  activity.
C. It further shall be
				  the policy of this Council that anyone interested in receiving notice of the
				  pendency of any application or matter which requires that the Council advertise
				  a noticed public review period and is pending before this Council which would
				  be the subject matter of this notification procedure, individually request to
				  the Council in writing his/her desire to receive such notification. Petitions
				  for or against any application or matter pending before the Council shall not
				  constitute a request for notification. This request may address itself to
				  receipt or notification of a single application, a group of applications
				  affecting an area or subject matter or a general request of notifications of
				  all applications and/or matters subject to notification procedure, pending
				  before the Council. The immediate abutters shall also be notified except when
				  the application requires noticing more than fifty (50) abutters. In these
				  cases, the Council's notification procedures will be conducted in accordance
				  with the notification requirements of the Administrative Procedures
				  Act.
D. If an applicant and/or
				  interested party is to be represented by an attorney, that party's attorney
				  must enter an appearance in writing, to be placed on the notification list and
				  be considered an attorney of record. The Council will make available an
				  appropriate entry of appearance form. Should an attorney wish to withdraw
				  his/her appearance, written notification must be sent to the Council, by
				  registered or certified mail, return receipt requested, specifying the
				  applicant's name and pending file number. Withdrawal may only be granted by
				  leave of the Chairman or Executive Director.
E. The date of this notification shall
				  commence a thirty (30) day comment period whereby comments concerning the
				  application shall be received by the Council.
F. In the event that during this thirty (30)
				  day period formal written objection and/or request for hearing is received by
				  the Coastal Resources Management Council from an interested party and said
				  formal written objection and/or request for hearing is substantiated by genuine
				  and material reason as outlined in § 20-00-1.1.6(G) of this Title
				  therefore, the matter shall then become a contested case under the Rules and
				  Regulations of the Council, whereupon a public hearing may be scheduled at a
				  time immediately following the thirty (30) day objection period.
G. Upon the expiration of the thirty (30) day
				  period, the Council shall consider the application including staff reports and
				  recommendations thereon, reports and recommendations from other State and local
				  agencies thereon, and comments thereon. When an application requires, as a
				  condition of Assent, that a deed restriction is necessary, the proposed
				  language for said restriction shall be, unless the Executive Director
				  determines the application would be better processed without it, made part of
				  the staff reports to the Council.
H. The Council shall further investigate and
				  review the site of the proposed activity through one (1) or more of its own
				  members.
I. Thereafter, at a
				  meeting of the Council, the application shall be considered and acted
				  upon.
J. For applications that are
				  lacking information to begin review, staff shall prepare a letter specifying
				  the information necessary to begin the review of said applications. If no
				  information or reply is received within thirty (30) days, such applications
				  shall be deemed deficient and shall not be accepted by the Council. The
				  applicant shall be notified of this decision.
K. For applications that are active (accepted
				  for review), staff may request additional information to aid in the review of
				  said applications. If there is no communication or action on said request,
				  staff shall prepare a letter, advising the applicant that such information
				  shall be received within thirty (30) days or said applications shall be
				  canceled. If no reply is received within thirty (30) days, the application
				  shall be canceled by the Executive Director by letter (certified mail, return
				  receipt requested). The file shall then be closed without prejudice to the
				  applicant and the applicant notified as such.
L. Once a final staff report(s) is filed, an
				  application cannot be revised except in the discretion of the Executive
				  Director or the full council. The revision may be subject to the fee provisions
				  of §§ 1.4.4 through 1.4.14 of this Part.
M. Assents for activities on properties cited
				  for a violation of the Program shall not be issued until all enforcement issues
				  related to that property are resolved. This Rule shall not apply when such
				  applications are submitted to resolve an enforcement action, as directed by the
				  Council's enforcement staff.
N.
				  Whenever an application has been brought before the Council three (3) times,
				  and the applicant or his legal counsel has failed to appear or offer an
				  acceptable explanation for their absences, then the application shall be
				  canceled without prejudice to the applicant.
O. Low and Moderate Income Housing. Low and
				  moderate income housing project applications received by the Council that seek
				  the preferred status afforded under R.I. Gen. Laws Chapter 45-53 shall include
				  a letter from the affected community noting clearly that said community has an
				  affordable housing plan and that said application is therefore seeking said
				  preferred status.