The State of Rhode Island Coastal Resources Management Program As Amended LEGAL COUNSEL GOLDMAN Law Offices 681 Smith Street Providence, RI 02908 This document replaces Chapters 1 through 5 of the program adopted by the Coastal Resources Management Council in 1977. Other adopted elements of the Rhode Island Coastal Resources Management Program include the Energy Amendments of 1979, Management Procedures, Right-of-Ways to the Shore, Special Area Management Plans for selected areas, and the Guidelines for the Development of Municipal Harbor Management Plans. These documents may be obtained from the Council’s offices. Rhode Island Coastal Resources Management Program Acknowledgments The development of the Rhode Island Coastal Resources Management Program was undertaken in 1973, approved by the CRMC in 1977, and federally-approved in 1978. In 1983, its first five chapters were replaced by this document, commonly referred to as the “Redbook” and initially printed for the Council through the University of Rhode Island’s Publication Office (P964 12/83 5M). The Redbook was last printed as a bound document in May of 1990. This edition of the RICRMP is the first time that the Redbook has been formatted for a three-ring binder. It was printed in June 1996. All revisions to this edition are current as of December 14, 2010. Over the years, many people devoted time and thought to this document and made significant contributions to its form and content. For its initial development, John A. Lyons, chairman of the Coastal Resources Management Council, and CRMC's Working Group on Program Revision attended innumerable meetings to review several drafts of this document over a period of two years. The members of the group were Alvaro Freda, Dr. William Miner, Barbara Colt, Malcolm Grant, James Beattie, Frank Geremia, and Lee Whitaker. The entire Council attended many sessions of the Planning and Policy Subcommittee to discuss major policy issues raised by these amendments. The many years' experience of the Council's staff led to the initial development of the standards listed in Part Three. Special thanks go to Nicholas Pisani, James Parkhurst, Linda Steere, and Gail Chmura, all of whom made substantial contributions to the document. Various agencies, private groups, and individuals commented on the document during the initial nine-month public review period and made suggestions that are incorporated in the final product. Special thanks are due to Malcolm Grant of the Department of Environmental Management; Daniel Varin, chief of the Statewide Planning Program; Christopher Little of Save the Bay; Kenneth Payne, director of the League of Cities and Towns; Friends of the Waterfront (Newport); the Rhode Island Association of Realtors; and the Rhode Island Marine Trades Association. Over the years, these same groups have made many comments on proposed revisions and have kept active in the review process. For the initial “Redbook” document (1983), the authors were Stephen Olsen and George Seavey, of URI’s Coastal Resources Center. The maps were originally drawn by Marion McHugh and Betsy Watkins. Vicki Desjardins did the final editing, and Larry Pearce was responsible for the layout and design. This current format for the Redbook, the three-ring bound document of the RICRMP, was prepared, edited, and designed by Joanne Moore and Jeff Willis of the Council’s staff. The preparation of the original Redbook publication was financed in part by a grant from the National Oceanic and Atmospheric Administration, under the provisions of the Coastal Zone Management Act of 1972 (Public Law 92-583), and in part from the NOAA Office of Sea Grant, U.S. Department of Commerce, under Grant #NA-81AA-D-00073. This three-ring bound document was financed in part by a grant from the National Oceanic and Atmospheric Administration, under the provisions of the Coastal Zone Management Act of 1972 (Public Law 92-583), under Grant #NA57OZ0449. The U.S. Government is authorized to produce and distribute reprints for governmental purposes not-withstanding any copyright notation that may appear hereon. Additional copies of this publication are available from the Coastal Resources Management Council, Oliver Stedman Government Center, 4808 Tower Hill Road, Wakefield, R.I 02879. Three-Ring Original Edition June 1996 Technical Revision December 2012 Page 1 of 3 Introduction Rhode Island Coastal Resources Management Program Contents Guidelines for Applicants The Program's Enabling Legislation Part One. Authorities and Procedures Section 100 Alterations and Activities That Require an Assent from the Coastal Resources Management Council 100.1 Tidal Waters, Shoreline Features, and Contiguous Areas 100.2 Inland of Shoreline Features and Contiguous Areas 100.3 Critical Coastal Areas 100.4 Freshwater Wetlands in the Vicinity of The Coast Section 110 Applications for Category A and Category B Council Assents 110.1 Category A Applications 110.2 Category B Applications 110.3 Substantive Objections 110.4 Findings of No Significant Impact Section 120 Variances Section 130 Special Exceptions Section 140 Setbacks Section 145 Climate Change and Sea level Rise Section 150 Coastal Buffer Zones Section 160 Fees Section 170 Violations and Enforcement Actions Section 180 Emergency Assents Part Two. Areas Under Council Jurisdiction Section 200 Tidal and Coastal Pond Waters 200.1 Type 1 Conservation Areas 200.2 Type 2 Low-Intensity Use 200.3 Type 3 High-Intensity Boating 200.4 Type 4 Multipurpose Waters 200.5 Type 5 Commercial and Recreational Harbors 200.6 Type 6 Industrial Waterfronts and Commercial Navigation Channels Section 210 Shoreline Features 210.1 Coastal Beaches 210.2 Barrier Islands and Spits 210.3 Coastal Wetlands 210.4 Coastal Headlands, Bluffs, and Cliffs 210.5 Rocky Shores 210.6 Manmade Shorelines 210.7 Dunes Section 220 Areas of Historic and Archaeological Significance Part Three. Activities Under Council Jurisdiction Section 300 In Tidal and Coastal Pond Waters, on Shoreline Features and Their Contiguous Areas 300.1 Category B Requirements 300.2 Filling, Removing, or Grading of Shoreline Features 300.3 Residential, Commercial, Industrial, and Recreational Structures Technical Revision December 2012 Page 2 of 3 Introduction Rhode Island Coastal Resources Management Program 300.4 Recreational Boating Facilities 300.5 Mooring and Anchoring of Houseboats and Floating Businesses 300.6 Treatment of Sewage and Stormwater 300.7 Construction of Shoreline Protection Facilities 300.8 Energy-Related Activities and Structures 300.9 Dredging and Dredged Materials Disposal 300.10 Filling in Tidal Waters 300.11 Aquaculture 300.12 Coastal Wetland Mitigation 300.13 Public Roadways, Bridges, Parking Lots, Railroad Lines and Airports 300.14 Maintenance of Structures 300.15 Municipal Harbor Regulations 300.16 Boat Lift and Float Lift Systems 300.17 Wetland Walkover Structures 300.18 Submerged Aquatic Vegetation and Aquatic Habitats of Particular Concern Section 310 Alterations to Freshwater Flows to Tidal Waters and Water Bodies and Coastal Ponds Section 320 Inland Activities and Alterations That Are Subject to Council Permitting Section 325 Activities Located within Critical Coastal Areas Section 330 Guidelines for the Protection and Enhancement of the Scenic Value of the Coastal Region Section 335 Protection and Enhancement of Public Access to the Shore Section 400 Federal Consistency Glossary References and Additional Sources of Information Shoreline Change Maps Watch Hill to Little Compton - online at: http://www.crmc.ri.gov/maps/maps_shorechange.html Maps of Water Use Categories Municipality-based maps – online at: http://www.crmc.ri.gov/maps/maps_wateruse.html List of Tables and Figures Table 1 Review Categories and Prohibited Activities in Tidal Waters and on Adjacent Shoreline Features Figure 1 Rhode Island's Territorial Sea Table 1A Review Categories in the 200-Foot Area Contiguous to Shoreline Features Table 1B Review Categories for Inland Activities (Section 320) Figure 2 An Example of the Application of a Coastal Buffer Zone Table 2A Coastal Buffer Zone Designations for Residential Development Table 3 Shoreline Types and Their Susceptibility to Erosion Table 4 Undeveloped, Moderately Developed, and Developed Barrier Beaches Table 4a Dwelling Rebuilds and Additions for Maintenance Activities under Section 300.14 Technical Revision December 2012 Page 3 of 3 Introduction Rhode Island Coastal Resources Management Program Step One. Is a Council Assent Required? All developments or operations within, above or beneath the tidal waters below the mean high water mark extending out to the extent of the state’s jurisdiction in the territorial sea, and those occurring on coastal features or within all directly associated contiguous areas which are necessary to preserve the integrity of coastal resources, or any portion of which extends onto the most inland shoreline feature or its 200 foot contiguous area, or as otherwise set out in the Coastal Resources Management Program, require a Council Assent. (See the Glossary section for a definition of development.) Persons proposing the following activities any portion of which extends onto the most inland shoreline feature or its 200 foot contiguous area are required to apply for a Council Assent: subdivisions, cooperatives, or other multi-ownership facilities [of six units or more], or facilities requiring or creating 40,000 sq. ft. or more of parking. Persons proposing the following activities within critical coastal areas, which include the watersheds of