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 1 - Red Book › Section 650-RICR-20-00-1.3 - Activities Under Council Jurisdiction

Current through June 14, 2024
1.3.1
In
				  Tidal And Coastal Pond Waters, On Shoreline Features And Their Contiguous
				  Areas
A. Category B Requirements
1. The requirements herein for a Category B
				  Assent are necessary data and information for the purposes of federal
				  consistency reviews. All persons applying for a Category B Assent are required
				  to:
a. Demonstrate the need for the proposed
				  activity or alteration;
b.
				  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; local approvals are required for activities
				  as specifically prescribed for nontidal portions of a project in
				  §§1.3.1(B), (C), (F), (H), (I), (K), (M), (O) and (Q) of this Part;
				  for projects on state land, the state building official, for the purposes of
				  this section, is the building official;
c. Describe the boundaries of the coastal
				  waters and land area that is anticipated to be affected;
d. 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;
e. Demonstrate that the alteration or
				  activity will not result in significant impacts on the abundance and diversity
				  of plant and animal life;
f.
				  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;
g. Demonstrate
				  that the alteration will not result in significant impacts to water
				  circulation, flushing, turbidity, and sedimentation;
h. Demonstrate that there will be no
				  significant deterioration in the quality of the water in the immediate vicinity
				  as defined by DEM;
i. Demonstrate
				  that the alteration or activity will not result in significant impacts to areas
				  of historic and archaeological significance;
j. 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;
k. Demonstrate that
				  measures have been taken to minimize any adverse scenic impact (see §
				  1.3.5 of this Part).
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 1 - Red Book › Section 650-RICR-20-00-1.6 - Maps of Water Use Categories - Watch Hill to Little Compton and Block Island

Current through June 14, 2024
A. The Coastal
				  Resources Management Council has developed Geographic Information System
				  town-based water use category maps to replace U.S. Geological Survey 7.5-minute
				  series quadrangle-based maps originally adopted in the 1980's. The new maps
				  depict all water type changes approved by the Council to date and are
				  superimposed on 2008 aerial images that allow users to more easily determine
				  the CRMC water type adjacent to their property. The new town-based GIS water
				  type maps comprise the state's shoreline from Watch Hill to Little Compton
				  including Narragansett Bay and its islands and Block Island.
B. Water Use Category
Type 1 - Conservation areas (§1.2.1(A) of
								  this Part)
Type 2 - Low-intensity use (§1.2.1(B) of
								  this Part)
Type 3 - High-intensity boating (§1.2.1(C)
								  of this Part)
Type 4 - Multipurpose waters (§1.2.1(D) of
								  this Part)
Type 5 - Commercial and recreational harbors
								  (§1.2.1(E) of this Part)
Type 6 - Industrial waterfronts (§1.2.1(F)
								  of this Part)
C.
				  The purpose of these maps is to determine the applicable water types and
				  pertinent sections of the Council's regulatory programs that will be applied to
				  coastal properties and projects. Large bold numerals on the water type maps
				  designate boundary lines separating different water use categories. Unless
				  otherwise noted on the maps or described in the accompanying boundary line
				  text, the water type along any shoreline generally runs parallel to the
				  shoreline and extends five hundred (500) feet seaward from the mean high water
				  mark.
D. The Council's water use
				  category maps are available as PDF files by municipality and GIS shape files
				  will be available for download on the RIGIS website. The maps can be examined
				  at the CRMC office in Wakefield, at the Secretary of State's office or website,
				  and on-line at the CRMC website:
http://www.crmc.ri.gov/maps/maps_wateruse.html
.
E. Westerly
1 - A straight line extension of the northern
								  boundary of Viking Marina.
2 - A straight line extension of the south side
								  of the industrially zoned area.
3 - 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.
4 - Straight line extensions of the outsides of
								  each of the two (2) jetties at the breachway entrance to Winnapaug Pond.
1. Online
				  Maps:
http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_westerly_west.pdf
and
http://www.crmc.ri.gov/maps/maps_wateruse/watertypemaps_westerly_east.pdf
2.
Click
					 here to view
3.
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 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.1 - Authority and Purpose (formerly Section 1.00)

Current through June 14, 2024
A. These
				  rules and regulations (Rules) are promulgated by the Coastal Resources
				  Management Council (CRMC) pursuant to the requirements and provisions of the
				  R.I. Gen. Laws §
										46-23-6, as amended.
B. The CRMC shall be responsible for the
				  protection and management of freshwater wetlands in the vicinity of the coast
				  as depicted on maps maintained on file at the offices the CRMC and Rhode Island
				  Department of Environmental Management (DEM), and the municipal offices of each
				  coastal city or town. 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, 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 located in the vicinity of the coast
				  within the State of Rhode Island so that these freshwater wetlands 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 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.3 - General Administration (formerly Section 3.00)

Current through June 14, 2024
A.
				  Freshwater wetlands: 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,
				  2-1-18, and
				  2-1-19.
B. Freshwater wetlands in the vicinity of the
				  coast: Pursuant to R.I. Gen. Laws §
										46-23-6, as amended, freshwater
				  wetlands in the vicinity of the coast are under the exclusive jurisdiction of
				  the Rhode Island Coastal Resources Management Council (CRMC), including, after
				  January 1, 2002, the renewal, transfer, modification and enforcement of permits
				  originally issued by the Department of Environmental Management, with these
				  exceptions:
1. The DEM shall retain
				  jurisdiction over farming-related activities involving freshwater wetlands in
				  the vicinity of the coast for insignificant alterations consistent with R.I.
				  Gen. Laws §§
											2-1-22(i) and
				  (j).
2. Any determination or permit, including any
				  terms and conditions, issued by the DEM prior to August 18, 1999, shall remain
				  valid for the time period specified in such determination or permit.
3. The DEM shall retain jurisdiction over any
				  permits issued prior to January 1, 2002, that are the subject of an outstanding
				  compliance order or other formal administrative, civil or criminal legal action
				  initiated by the DEM for the purpose of litigating or settling that
				  action.
4. The DEM shall retain
				  sufficient jurisdiction over any permits or permit applications acted upon by
				  the DEM prior to January 1, 2002, to permit the DEM to defend or settle any
				  legal proceedings brought against it as a result of those actions.
5. Any compliance order issued or other civil
				  or criminal enforcement action taken by the DEM prior to August 18, 1999, shall
				  continue to be subject to the DEM authority and to be governed by the rules and
				  regulations in effect at the time the order was issued or action
				  taken.
6. Permits issued by the DEM
				  for projects that lie on or that straddle the jurisdictional boundary shall be
				  administered by the DEM in accordance with §
											2.3(C) of
				  this Part below.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.7 - General Application Requirements (formerly Section 7.00)

Current through June 14, 2024
A. Application forms and their submission
				  (formerly §7.01)
1. Forms available:
				  Forms for submitting all applications as set forth in the Act and these Rules
				  are available at the CRMC, except that applications involving farming
				  activities referred to in R.I. Gen. Laws §
											2-1-22(i)(2) and
				  §
											2.11(E) of
				  this Part herein, are available at the Division of Agriculture and Resource
				  Marketing.
2. Where to submit: All
				  applications involving freshwater wetlands in the vicinity of the coast must be
				  submitted for processing directly to the CRMC, except that any applications
				  involving farming activities specifically referred to in R.I. Gen. Laws §
											2-1-22(i)(2) must
				  be submitted directly to the DEM Division of Agriculture and Resource
				  Marketing.
3. What to submit: It is
				  the responsibility of each applicant to submit a complete application package,
				  including an original application form and any additional supporting
				  information required by the CRMC. The application must be accompanied by full
				  payment of the application fee set forth in §§
											2.7(J) and
				  (K) of this Part.
4. Who may submit: The applicant must be the
				  owner or owners of the property or easement that is the subject of the
				  application, or it must be the government agency or entity with power of
				  condemnation over such property or easement.
5. Notification of applicant and agents: The
				  CRMC will mail notices and other written communications regarding the
				  application to the applicant and to the applicant's attorney, agent or other
				  representative if, at the time the application is filed, the applicant so
				  informs the CRMC in writing of his or her name and mailing address.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.8 - Request for Determination of the Presence of Wetlands, Wetland Edge Verification, or Request for Regulatory Applicability (formerly Section 8.00)

Current through June 14, 2024
A. Purpose (formerly §8.01)
1. An application may be made to the CRMC to
				  request a determination regarding:
a. The
				  presence of wetlands on the property which are regulated under the Act (§
												2.8(B) of
				  this Part).
b. The verification of
				  the delineated edge of wetlands on the property (§
												2.8(C) of
				  this Part); or
c. Whether the Rules
				  apply to a proposed project, or not, or confirmation that a project is exempt
				  according to §
												2.6 of this Part (§
												2.8(D) of
				  this Part).
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.9 - Request for Preliminary Determination (formerly Section 9.00)

Current through June 14, 2024
A. Purpose and outcomes (formerly §9.01)
1. A request for preliminary determination
				  application may be submitted to the CRMC to receive a determination as to
				  whether or not a proposed project represents a significant
				  alteration.
2. The CRMC's review of
				  a request for preliminary determination may result in one of the following
				  outcomes:
a. Issuance of a permit, with
				  conditions, for an insignificant alteration of freshwater wetlands. Appendix 1
				  of these Rules (§
												2.17 of this Part) provides
				  examples of insignificant alterations; or
b. Issuance of a determination, in accordance
				  with R.I. Gen. Laws §
												2-1-22(a) of the
				  Act, that a significant alteration has been proposed and that a permit may be
				  sought only by filing an application to alter a freshwater wetland (§
												2.10 of this Part);
				  or
c. 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 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.10 - Application to Alter a Freshwater Wetland (formerly Section 10.00)

Current through June 14, 2024
A. Purpose (formerly §10.01)
1. In accordance with R.I. Gen. Laws §
											2-1-22(a), an
				  application to alter a freshwater wetland 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 these Rules.
2. A significant alteration results from a
				  project that:
a. 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;
b. May be detrimental to
				  the basic natural capabilities or values associated with such freshwater
				  wetland; or
c. Appears to be
				  random, unnecessary or undesirable.
3. Prior to filing an application to alter,
				  an applicant may file a request for preliminary determination to determine
				  whether or not a project appears to represent a significant alteration to
				  freshwater wetlands. The CRMC recommends that an applicant file a request for
				  preliminary determination prior to filing an application to alter, unless the
				  applicant is confident that the project represents a significant alteration to
				  freshwater wetlands.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.12 - Enforcement (formerly Section 12.00)

Current through June 14, 2024
A. Enforcement
				  (formerly §12.01)
1. 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.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.13 - Public Access to Records (formerly Section 13.00)

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 Part 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 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.14 - Severability (formerly Section 14.00)

Current through June 14, 2024
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 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.15 - Superseded Rules (formerly Section 15.00)

Current through June 14, 2024
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. However, any enforcement action
					 taken by, or 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
					 enforcement action was taken, or application filed.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.16 - Effective Date (formerly Section 16.00)

Current through June 14, 2024
A. The foregoing
				  Rules and Regulations Governing the Protection and Management of Freshwater
				  Wetlands in the Vicinity of the Coast, after due notice, are hereby adopted and
				  filed with the Secretary of State this 28th day of January 2011 to become
				  effective twenty (20) days thereafter, in accordance with the provisions of
				  R.I. Gen. Laws Chapter 46-23, 1956, as amended.
B. Public Notice issued October 29,
				  2010
C. Public Hearing held as part
				  of CRMC regularly scheduled meeting on January 25, 2011
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-20-00-3.1 - Authority

Current through June 14, 2024
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.
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-20-00-3.2 - Purpose

Current through June 14, 2024
A. The purpose of these rules is to establish
				  the Salt Pond Region Special Area Management Plan (SAMP) within the
				  municipalities of Westerly, Charlestown, South Kingstown and Narragansett to
				  provide for the integration and coordination of the protection of natural
				  resources, the promotion of reasonable coastal-dependent economic growth, and
				  the improved protection of life and property.
B. The regulations herein constitute the RICR
				  regulatory component of the Salt Pond Region Special Area Management Plan
				  (SAMP). For additional context and full understanding of this Part, please
				  reference the additional chapters of the federally-approved Salt Pond Region
				  SAMP available on the CRMC web site (www.crmc.ri.qov) for further information,
				  including all other federally-approved RICRMP plans. The additional chapters of
				  the Salt Pond Region SAMP provide the CRMC's findings and policies that form
				  the basis and purpose of this Part. The other chapters of the Salt Pond Region
				  SAMP should be employed in interpreting R.I. Gen. Laws §
										46-23-1,
etseq.
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-20-00-3.4 - Procedures

Current through June 14, 2024
A. The Rhode Island Coastal Resources
				  Management Program
1. The Rhode Island Coastal
				  Resources Management Program Red Book (Part 1 of this Subchapter) should be
				  referred to for specific regulatory requirements on buffers, setbacks,
				  subdivisions, recreational docks, barrier beach development, beach
				  replenishment and any other activities which occur within the Salt Pond
				  Region.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 4 - Narrow River Special Area Management Plan (650-RICR-20-00-4) › Section 650-RICR-20-00-4.1 - Authority

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 4 - Narrow River Special Area Management Plan (650-RICR-20-00-4) › Section 650-RICR-20-00-4.2 - Purpose

Current through June 14, 2024
A. The purpose of these rules is to establish
				  the Narrow River Special Area Management Plan (SAMP) within the municipalities
				  of Narragansett, North Kingstown, and South Kingstown to provide for the
				  integration and coordination of the protection of natural resources, the
				  promotion of reasonable coastal-dependent economic growth, and the improved
				  protection of life and property.
B.
				  The regulations herein constitute the RICR regulatory component of the Narrow
				  River Special Area Management Plan (SAMP). For additional context and full
				  understanding of this Part, please reference the additional chapters of the
				  federally-approved Narrow River SAMP available on the CRMC web site (
www.crmc.ri.gov
)
				  for further information, including all other federally-approved RICRMP plans.
				  The additional chapters of the Narrow River SAMP provide the CRMC's findings
				  and policies that form the basis and purpose of this Part. The other chapters
				  of the Narrow River SAMP should be employed in interpreting 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 00 - N/A › Part 4 - Narrow River Special Area Management Plan (650-RICR-20-00-4) › Section 650-RICR-20-00-4.4 - Procedures

Current through June 14, 2024
A. The Rhode Island Coastal Resources
				  Management Program
1. The Rhode Island Coastal
				  Resources Management Program Red Book; Part 1 of this Subchapter) should be
				  referred to for specific regulatory requirements on buffers, setbacks,
				  subdivisions, recreational docks, barrier beach development, beach
				  replenishment and any other activities which occur within the Narrow River
				  SAMP.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 5 - Metro Bay Region Special Area Management Plan › Section 650-RICR-20-00-5.1 - Authority and Purpose

Current through June 14, 2024
A. It is the
				  responsibility of the Rhode Island Coastal Resources Management Council
				  (RICRMC) to preserve, protect, develop, and where possible, restore the coastal
				  natural resources of Rhode Island. The Federal Coastal Zone Management Act
				  (16 U.S.C. §§
											1451 -
				  1465) also charges the RICRMC
				  with:
1. assisting in the redevelopment of
				  deteriorating urban waterfronts, and considering the need for economic
				  development that is compatible with the ecological, cultural, historic, and
				  aesthetic values of the coastal zone;
2. ensuring the availability of public access
				  points for coastal recreation;
3.
				  considering the need for siting of facilities for national defense, energy,
				  fisheries development, ports and transportation, as well as appropriate siting
				  of new commercial and industrial developments;
4. timely review of projects through the
				  streamlining of management activities;
5. providing opportunities for public
				  involvement in the decisions regarding coastal management; and
6. protecting uses of regional
				  benefit.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 5 - Metro Bay Region Special Area Management Plan › Section 650-RICR-20-00-5.4 - Urban Coastal Greenway Policies (formerly section 130)

Current through June 14, 2024
A. The Council herein establishes an Urban
				  Coastal Greenway (or "UCG") policy specifically for projects to be located
				  exclusively within the Metro Bay SAMP boundary, and within the RICRMC
				  jurisdiction of 200 feet inland from the coastal feature.
B. The establishment of an Urban Coastal
				  Greenway is based upon the RICRMC's legislative mandate to preserve, protect,
				  develop, and where possible, restore Rhode Island's coastal
				  resources.
C. The Urban Coastal
				  Greenway policy allows flexibility for urban sites that is different from the
				  requirements of the RICRMP by four main tenets:
1. The Urban Coastal Greenway policy allows
				  the implementation of a sustainable landscape using plantings that are designed
				  and managed for an urban environment.
2. The UCG policy strongly encourages a
				  public access component that integrates the need for urban shoreline access
				  with the spatial constraints of urban lots.
3. The UCG policy allows for compact
				  greenways provided the applicant meets the compensation requirements in §
											5.13 of this Part.
				  Compensation options will be available at such time as the Rhode Island General
				  Assembly establishes a compensation statute; reductions in regulatory
				  requirements provided by the compensation provision are not available until the
				  trust is set up.
4. The UCG policy
				  encourages low impact development (LID) stormwater management techniques that
				  improve water quality and enhance the developer's ability to maximally utilize
				  an urban lot.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 5 - Metro Bay Region Special Area Management Plan › Section 650-RICR-20-00-5.5 - Urban Coastal Greenway Regulations

Current through June 14, 2024
A. Application of
				  the Urban Coastal Greenway regulations (formerly §120.8)
1. The regulations herein shall apply to
				  those projects or activities located solely within the boundaries of the Metro
				  Bay Special Area Management Plan (Figure 1 in §
											5.1 of this Part) and within
				  the Council's coastal jurisdictional area.
2. Notwithstanding §
											5.5(A)(1) of
				  this Part, a Council Assent is required for any alteration or activity that is
				  proposed for: 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 (RICRMP
				  Red Book).
3. Specific activities
				  that trigger the Urban Coastal Greenway regulations are explained in §
											5.5(C) of
				  this Part.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 5 - Metro Bay Region Special Area Management Plan › Section 650-RICR-20-00-5.6 - Residential Zone (formerly section 160)

Current through June 14, 2024
A. Policy
1. The Urban Coastal Greenways requirements
				  do not apply to single or two-family residences within the Residential Zones.
				  When an applicant wishes to undertake new construction or alteration of an
				  existing single or two-family structure within a Residential Zone, it is the
				  policy of the RICRMC to apply the setback and buffer requirements in accordance
				  with §§1.1.9 and 1.1.11, respectively, of this Subchapter.
2. Applicants proposing to construct or alter
				  any commercial development or multi-residential (equal to or greater than 3
				  units) project within a Residential Zone may choose either of the following
				  options:
a. Option 1: The project must meet
				  the setback and buffer requirements of §§1.1.9 and 1.1.11 of this
				  Subchapter. (See §
												5.16(A) of
				  this Part); or
b. Option 2: The
				  project must meet the Development Zone standards of §
												5.9 of this Part.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 5 - Metro Bay Region Special Area Management Plan › Section 650-RICR-20-00-5.7 - Area of Particular Concern Zone (formerly section 170)

Current through June 14, 2024
A. Policy
1.
				  Within the APC Zone, it is the policy of the RICRMC to maintain and restore
				  natural vegetated coastal buffers with maximum widths to protect the valuable
				  habitats and/or contiguous vegetated corridors contained within the zone. The
				  Council 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 Urban Coastal Greenway HPCA and HPRA Map (See §
											5.16(D) of
				  this Part). 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 §1.3.6 of this Subchapter.
4. Projects under either option must meet the
				  15% minimum vegetative cover and stormwater management requirements.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 5 - Metro Bay Region Special Area Management Plan › Section 650-RICR-20-00-5.8 - Inner Harbor and River Zone (formerly section 180)

Current through June 14, 2024
A.
				  Policy
1. It is the policy of the RICRMC to
				  allow reduced UCG widths within this zone, due to the spatial constraints and
				  existing hardscapes within these highly urbanized corridors, as well as the
				  preexisting public access available there. Proposed developments within the
				  Inner Harbor and River zone that will incorporate existing hardscapes shall
				  strive to achieve the maximum vegetation practicable within the Urban Coastal
				  Greenway.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 5 - Metro Bay Region Special Area Management Plan › Section 650-RICR-20-00-5.9 - Development Zone (formerly section 190)

Current through June 14, 2024
A. Policy
1. It is the policy of the RICRMC to
				  establish a continuous UCG within the areas designated as development zones
				  that will satisfy the overall goals of the urban coastal greenway policy, as
				  well as the specific development standards described in §5.5.1 of this
				  Part.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 5 - Metro Bay Region Special Area Management Plan › Section 650-RICR-20-00-5.10 - Mitigation Requirements in Lieu of Public Access (formerly section 200)

Current through June 14, 2024
A. When an applicant chooses to adhere to the
				  setback and buffer requirements of §§1.1.9 and 1.1.11 of this
				  Subchapter, rather than the UCG requirements with public access, the applicant
				  must mitigate for any public access that would have been installed as part of a
				  UCG on the development site. This mitigation shall consist of the purchase and
				  establishment of a habitat conservation or habitat restoration project. The
				  area to be conserved or restored must be an identified High Priority
				  Conservation Area (HPCA) or High Priority Restoration Area (HPRA) within the
				  Metro Bay SAMP boundary, preferably within the municipality in which the
				  development project is located.
B.
				  Mitigation shall occur on a 2:1 basis. Specifically, the area to be restored
				  must be twice the difference between the buffer width required under
				  §5.19(B) of this Part (Appendix 2) and the urban coastal greenway width
				  proposed for the site. The restoration must be completed and its success
				  secured for a minimum of one (1) growing cycle before a development project may
				  proceed. The applicant must post a performance bond with the Council for a
				  period to be determined on a case-by-case basis and may be up to 48 months to
				  ensure successful restoration. The bond shall be of a sufficient amount to
				  cover the total restoration cost plus the hiring of a consultant manager to
				  oversee any subsequently needed construction work to complete the restoration
				  project as approved.
C. The
				  completed mitigation and appropriate documentation, including legal
				  documentation of a permanent conservation easement on the mitigation site, must
				  be presented to the RICRMC before the proposed development may
				  proceed.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 5 - Metro Bay Region Special Area Management Plan › Section 650-RICR-20-00-5.11 - Variance Requests (formerly section 210)

Current through June 14, 2024
A. Applicants
				  may request a variance under the following options only. Variance requests must
				  be submitted in writing and meet the six criteria listed below in §
										5.11(B) of
				  this Part.
1. APC Zone Option 2
2. IHRZ Capital Center District
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 5 - Metro Bay Region Special Area Management Plan › Section 650-RICR-20-00-5.12 - Brownfield Redevelopment with the Metro Bay Region (formerly section 220)

Current through June 14, 2024
A. Urban Coastal Greenway policies on
				  brownfields (formerly §220.1)
1.
				  RIDEM-designated brownfield sites shall receive additional consideration with
				  regard to UCG requirements. The Council 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 Council 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 RICRMC to require the maximum UCG width practicable within
				  brownfield sites while allowing for flexibility in the implementation of the
				  UCG on these sites, based upon the applicant meeting the criteria defined in
				  §5.5.1 of this Part for vegetation targets, stormwater treatment and
				  public access. See the Urban Coastal Greenway Design Manual (
http://www.crmc.ri.gov/samp_mb/UCG-Design-
				  Manual.pdf
) 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 5 - Metro Bay Region Special Area Management Plan › Section 650-RICR-20-00-5.14 - Urban Coastal Greenway Management and Maintenance Requirements (formerly section 240)

Current through June 14, 2024
A. The owner of
				  record of a property with an Urban Coastal Greenway is responsible for
				  maintaining the UCG in accordance with the operative RICRMC Assent, unless the
				  UCG 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 urban coastal greenway easements, and all easements
				  shall be placed in the land evidence records of the municipality of
				  jurisdiction.
B. All alterations
				  within established Urban Coastal Greenways or alterations to natural vegetation
				  (i.e., areas not presently maintained in a landscaped condition as of October
				  10, 2006) within the Council's jurisdiction may be required to submit an urban
				  coastal greenway management plan for the Council's approval that is in
				  compliance with the requirements of this section and the design guidance
				  recommended within the Council's most recent edition of the "Urban Coastal
				  Greenway Design Manual" (http://www.crmc.ri.gov/sampmb/UCG-Design-Manual.pdf).
				  Urban 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 an
				  urban coastal greenway management plan.
C. No encroachments shall be allowed within
				  the UCG at any time.
D. Penalties:
				  failure to adhere to these policies will result in enforcement action including
				  fines, liens, restoration, and/or voiding 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 5 - Metro Bay Region Special Area Management Plan › Section 650-RICR-20-00-5.15 - Maintenance and Monitoring of Innovative Stormwater Technologies (formerly section 250)

Current through June 14, 2024
A. The RICRMC
				  encourages the use of effective, innovative techniques to achieve runoff
				  reduction, pollutant abatement, and hazard mitigation. Accordingly,
				  experimental technologies to achieve these goals may be implemented within the
				  urban coastal Greenway, at the discretion of the Council.
B. New proprietary stormwater treatment
				  technologies may be used provided they are approved pursuant to the Technology
				  Assessment Protocol (TAP) for Innovative and Emerging Technologies as detailed
				  in the most recent version of the RIDEM RI Stormwater Design and Installation
				  Standards Manual.
C. If the
				  proprietary stormwater treatment device fails, retrofit or repair must commence
				  immediately. Provisions shall be made on the development site to insure that a
				  proven treatment practice can be accommodated and inserted on-site if an
				  innovative technology fails.
D. It
				  will be the responsibility of the property owner (or the appropriate surrogate,
				  such as a homeowners' association) to ensure the inspection and maintenance of
				  these experimental technologies on a regular basis, as approved by the
				  RICRMC.
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-20-00-6.1 - Authority

Current through June 14, 2024
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.
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-20-00-6.2 - Purpose

Current through June 14, 2024
A. The purpose of these rules is to establish
				  the Greenwich Bay Special Area Management Plan (SAMP) within the 21-square-mile
				  suburban watershed comprising the communities of Warwick, East Greenwich, and,
				  to a smaller degree, West Warwick for the integration and coordination of the
				  protection of natural resources, the promotion of reasonable coastal-dependent
				  economic growth, and the improved protection of life and property. See Figure 1
				  in §
										6.2(C) of
				  this Part.
B. The regulations
				  herein constitute the RICR regulatory component of the Greenwich Bay Special
				  Area Management Plan (SAMP). For additional context and full understanding of
				  this Part, please reference the additional chapters of the federally-approved
				  Greenwich Bay SAMP available on the CRMC web site (
www.crmc.ri.gov
) for further information,
				  including all other federally-approved RICRMP plans. The additional chapters of
				  the Greenwich Bay SAMP provide the CRMC's findings and policies that form the
				  basis and purpose of this Part. The other chapters of the Greenwich Bay SAMP
				  should be employed in interpreting R.I. Gen. Laws §
										46-23-1, et seq.
C. Figure 1: Map of Greenwich Bay watershed.
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 6 - Rhode Island Coastal Resources Management Program - Greenwich Bay SAMP (650-RICR-20-00-6) › Section 650-RICR-20-00-6.3 - Definitions

Current through June 14, 2024
A. Definitions for this Part are as follows:
1. "Coastal buffer zone" means a land area
				  adjacent to a shoreline (coastal) feature, tributary to Greenwich Bay, or
				  freshwater wetland in the Greenwich Bay watershed that is, or will be,
				  vegetated with native shoreline species and which acts as a natural transition
				  zone between the coastal and riparian areas and adjacent upland development. A
				  coastal buffer zone differs from a construction setback (see §1.1.9 of
				  this Subchapter) in that the setback establishes a minimum distance between a
				  shoreline feature and construction activities, while a buffer zone establishes
				  a natural area adjacent to a shoreline feature that must be retained in, or
				  restored to, a natural vegetative condition. The coastal buffer zone is
				  generally contained within the established construction setback.
2. Critical areas" means Mary's Creek and
				  Baker's Creek in the Greenwich Bay coastal zone. Mary's Creek is a coastal
				  wetland complex feeding one of the most productive quahog grounds in Greenwich
				  Bay. Baker's Creek is a coastal wetland complex that provides valuable habitat
				  for migratory birds. Gorton Pond's shoreline provides habitat for at least
				  three regionally rare plant species.
3. Land trust" means an organization
				  incorporated pursuant to R.I. Gen. Laws §
											7-6-1, et seq., or organizations
				  meeting the definition of "charitable trust" set out in R.I. Gen. Laws §
											18-9-4, or organizations duly
				  existing as private nonprofit organizations in other states or the District of
				  Columbia among whose purposes is the preservation of open space, as the term is
				  defined in the SAMP. Further, all organizations must have been granted
				  preliminary status as tax-exempt corporations under the Internal Revenue Code,
				  26 USC §
												501(c)(3) and its
				  regulations, as they now exist or may hereafter be amended.
4. Native vegetated area" means a previously
				  landscaped area or lawn adjacent to a shoreline (coastal) feature, tributary to
				  Greenwich Bay, or freshwater wetland in the Greenwich Bay watershed where
				  native coastal or riparian species have been restored
				  voluntarily.