Rhode Island Code of Regulations
Title 650 - Coastal Resources Management Council
Chapter 20 - Coastal Management Program
Subchapter 00 - N/A
Part 1 - Red Book
Section 650-RICR-20-00-1.2 - Areas Under Council Jurisdiction
Universal Citation: 650 RI Code of Rules 20 00 1.2
Current through September 18, 2024
1.2.1 Tidal and Coastal Pond Waters
A. The six
categories of waters defined in this Program are directly linked to the
characteristics of the shoreline, since the activities on the adjacent mainland
are the primary determinant of the uses and qualities of any specific water
site. Thus, Type 1 waters abut shorelines in a natural undisturbed condition,
where alterations, including the construction of docks and any dredging, are
considered by the Council as unsuitable. Type 2 waters are adjacent to
predominantly residential areas, where docks are acceptable, but more intense
forms of development, including more marinas and new dredging projects (but not
maintenance dredging), would change the area's character and alter the
established balance among uses. Alterations such as these would bring more
intensive uses and are therefore prohibited in Type 2 waters. The waters along
some seventy percent (70%) of the state's four hundred twenty (420) miles of
shoreline have been assigned to Type 1 and Type 2, and should be expected to
retain their high scenic values and established patterns of low intensity use.
Type 3 waters are dominated by commercial facilities that support recreational
boating. Here, marinas, boatyards, and associated businesses take priority over
other uses, and dredging and shoreline alterations are to be expected. Type 4
areas include the open waters of the Bay and the Sounds, where a balance must
be maintained among fishing, recreational boating, and commercial traffic. Here
high water quality and a healthy ecosystem are primary concerns. The last two
water use categories are assigned to areas adjacent to ports and industrial
waterfronts. In these waters, maintenance of adequate water depths is
essential, high water quality is seldom achievable, and some filling may be
desirable. Within Type 5 ports, a mix of commercial and recreational activities
must coexist, while in Type 6 waters, water dependent industrial and commercial
activities take precedence over all other activities. The water categories
described in this section are complemented by policies for shoreline types
(§ 1.2.2 of this Part), and the two must be combined to identify the
Program's policies for a specific coastal site.
B. Type 1 Conservation Areas
1. Included in this category are one or more
of the following:
a. Water areas that are
within or adjacent to the boundaries of designated wildlife refuges and
conservation areas;
b. Water areas
that have retained natural habitat or maintain scenic values of unique or
unusual significance; and c. Water areas that are particularly unsuitable for
structures due to their exposure to severe wave action, flooding, and
erosion.
2. Policies
a. The Council's goal is to preserve and
protect Type 1 waters from activities and uses that have the potential to
degrade scenic, wildlife, and plant habitat values, or which may adversely
impact water quality or natural shoreline types.
b. The mooring of houseboats and floating
businesses, the construction of recreational boating facilities, filling below
mean high water, point discharge of substances other than properly treated
runoff water (see §1.3.1(F) of this Part), and the placement of industrial
or commercial structures or operations (excluding fishing and aquaculture) are
all prohibited in Type 1 waters.
c.
In Type 1 waters, activities and alterations including dredging, dredged
materials disposal, and grading and excavation on abutting shoreline features
are all prohibited unless the primary purpose of the alteration or activity is
to preserve or enhance the area as a natural habitat for native plants and
wildlife or a beach renourishment/ replenishment project. Structural shoreline
protection facilities shall not be permitted to preserve or enhance these areas
as a natural habitat or to protect the shoreline feature.
d. Notwithstanding the Council's prohibition
against construction of recreational boating facilities in Type 1 Waters, the
Council recognizes that some residential boating facilities may have preexisted
in Type 1 Waters prior to the formation of the Council. The Council's ultimate
goal is to remove said structures and restore the areas involved to be free of
all recreational boating facilities. Although recreational boating facilities
are inconsistent with the Council's goals for Type 1 Waters, and in order to
provide for the equitable transition and compliance with the Council's goals,
preexisting residential boating facilities may be permitted under the limited
terms and conditions set forth in §1.3.1(D) of this Part.
e. Since runoff can be a major source of
pollutants from developed areas, new or enlarged point discharges of untreated
runoff shall be permitted in Type 1 waters only when it is demonstrated that no
reasonable alternative exists and that no significant adverse impact to the
receiving waters will result. The cumulative impacts of runoff are of
particular concern in Type 1 waters.
f. Applicants for Council Assents for
alterations or activities in or contiguous to Type 1 waters shall describe the
measures taken to mitigate impacts on the scenic quality of the area (see
§ 1.3.5 of this Part).
g.
Activities and alterations subject to Council jurisdiction contiguous to public
parks, public beaches, public rights of way to the shore, and conservation
areas abutting Type 1 waters shall not significantly interfere with public use
and enjoyment of such facilities. Where significant interference is found, the
Council shall suitably modify or prohibit that alteration or
activity.
C.
Type 2 Low Intensity Use
1. This category
includes waters in areas with high scenic value that support low intensity
recreational and residential uses. These waters include seasonal mooring areas
where good water quality and fish and wildlife habitat are
maintained.
2. Policies
a. The Council's goal is to maintain and,
where possible, restore the high scenic value, water quality, and natural
habitat values of these areas, while providing for low intensity uses that will
not detract from these values.
b.
New or deepened dredged channels and basins; new or deepened dredged channels
and basins at existing marinas that result in an expansion greater than
twenty-five percent (25%) of their capacity; new marinas and expansion of
preexisting marinas in excess of twenty-five percent (25%) of their capacity;
the mooring of houseboats and floating businesses; industrial and commercial
structures and operations (excluding fishing and aquaculture); and filling are
all prohibited in Type 2 waters.
c.
The Council's intent for preexisting marina operations located in Type 2 Waters
is to allow for their continued maintenance and viability as such operations.
Maintenance dredging, dock reconfigurations, activities such as travel lift
operations and other best available technologies, and other ancillary
activities necessary to maintain the operational viability of the facility,
should be expected to occur at preexisting marina operations in these waters.
Structural shoreline protection facilities should not be prohibited. Such
allowances will only be instituted at marina facilities with approved marina
perimeters and will be reviewed in accordance with applicable standards of
§1.3.1(D) of this Part. In order to be eligible for this policy,
applications for marina perimeters must be submitted to the CRMC by April 1,
1994. Current capacities of preexisting marinas, as found in CRMC approved
special area management plans, and similar management plans, should be
recognized and no attempt should be made to require these preexisting marinas
to meet their capacities as of January 1981.
d. Residential boating facilities, public
launching ramps, and structural shoreline protection facilities may be
permitted in Type 2 waters, provided it can be demonstrated that there will be
no significant adverse impact to coastal resources, water dependent uses or
public's use and enjoyment of the shoreline and tidal waters of the State. It
is the Council's policy that one or more of the following conditions describe a
situation, condition, or proposal that is deemed to have a significant adverse
effect on Rhode Island's coastal resources and therefore is grounds for denial
or modification of an application for an Assent:
(1) The construction of the proposed facility
may cause significant impacts on coastal wetlands and other public trust
resources (e.g. shellfish, finfish, submerged aquatic vegetation,
etc.);
(2) Access to the
construction site is not available without causing significant impacts to Rhode
Island's coastal resources (e.g. coastal wetlands);
(3) The proposed facility would significantly
interfere with and/or impact other public trust uses of the tidal or
inter-tidal areas of the shoreline (e.g. interfere with navigation);
or
(4) Water depths adjacent to the
site would require dock span lengths in excess of the standards contained in
§1.3.1(D) of this Part in order to allow normal and appropriate use of the
dock by a vessel.
e.
Applicants for Council Assents for alterations or activities in Type 2 waters
shall describe the measures taken to mitigate impacts on the scenic quality of
the area (see § 1.3.5 of this Part).
f. Since runoff can be a major source of
pollutants from developed areas to poorly flushed estuaries, new or enlarged
discharges shall be permitted into the following Type 2 waters only when it is
demonstrated that no reasonable alternative exists and that no significant
adverse impact to the receiving waters will result:
(1) Winnapaug Pond
(2) Quonochontaug Pond
(3) Ninigret Pond (Charlestown
Pond)
(4) Green Hill Pond
(5) Potters Pond
(6) Point Judith Pond
(7) Nannaquaket Pond
(8) Palmer River
(9) Kickemuit River
(10) Fishing Cove (Wickford)
(11) Pettaquamscutt River
g. Activities and alterations
subject to Council jurisdiction contiguous to public parks, public beaches,
public rights-of-way to the shore and conservation areas abutting Type 2 waters
shall not significantly interfere with public use and enjoyment of such
facilities. Where significant interference is found, the Council shall suitably
modify or deny that alteration or activity.
D. Type 3 High Intensity Boating
1. This category includes intensely utilized
water areas where recreational boating activities dominate and where the
adjacent shorelines are developed as marinas, boatyards, and associated water
enhanced and water dependent businesses.
2. Areas suitable for marinas are severely
limited, and the steady growth in the number of recreational boats is
increasing the competition for the available facilities. Unfortunately,
sheltered waters suitable for marinas are limited, and most of the remaining
potential sites contain salt marshes that could only be developed at great
environ-mental as well as high economic costs. Persons proposing new marinas
are also hampered by local zoning and high land costs, and neighborhood
opposition is frequently vociferous. The solution to growing demand is
therefore to use the available facilities more efficiently and to recycle
already altered sites in the upper Bay and on excessed Navy holdings, such as
Allens Harbor in North Kingstown and along the Aquidneck west shore.
3. Type 3 waters and the adjacent shoreline,
while utilized intensely for the needs of the recreational boating public,
nevertheless retain numerous natural assets of special concern to the Council.
These include coastal wetlands, and the value these areas provide as fish and
shellfish spawning and juvenile rearing grounds. These factors must be weighed
when the Council considers proposals that may impact these assets.
4. Policies
a. The Council's goal is to preserve,
protect, and, where possible, enhance Type 3 areas for high intensity boating
and the services that support this activity. Other activities and alterations
will be permitted to the extent that they do not significantly interfere with
recreational boating activities or values.
b. The highest priority uses of Type 3 waters
and adjoining land areas within the Council jurisdiction are:
(1) Marinas, mooring areas, public launching
ramps, and other facilities that support recreational boating and enhance
public access to tidal waters; and
(2) Boatyards and other businesses that
service recreational boaters.
c. The Council encourages marinas to seek
innovative solutions to increased demands for moorings, dockage, and storage
space, and allows marina operators to alter the layout of their facilities (see
§1.3.1(D) of this Part).
d.
The Council shall encourage more and improved public launching facilities by
protecting existing facilities from interference by other uses subject to
Council jurisdiction, identifying appropriate sites for new ramps and parking
areas, and working with other agencies to build new ramps and maintain existing
facilities.
E. Type 4 Multipurpose Waters
1. This category includes:
a. Large expanses of open water in
Narragansett Bay and the Sounds which support a variety of commercial and
recreational activities while maintaining good value as a fish and wildlife
habitat; and
b. Open waters
adjacent to shorelines that could support water dependent commercial,
industrial, and/or high intensity recreational activities.
2. Polices
a. The Council's goal is to maintain a
balance among the diverse activities that must coexist in Type 4 waters. The
changing characteristics of traditional activities and the development of new
water dependent uses shall, where possible, be accommodated in keeping with the
principle that the Council shall work to preserve and restore ecological
systems.
b. The Council recognizes
that large portions of Type 4 waters include important fishing grounds and
fishery habitats, and shall protect such areas from alterations and activities
that threaten the vitality of Rhode Island fisheries.
c. Aquaculture leases shall be considered if
the Council is satisfied there will be no significant adverse impacts on the
traditional fishery.
d. The Council
shall work to promote the maintenance of good water quality within the Bay.
While recognizing that stresses on water quality will always be present in
urban areas such as the Providence River, the Council shall work to promote a
diversification of activities within the upper Bay region through the water
quality improvement process.
F. Type 5 commercial and recreational harbors
1. These waters are adjacent to waterfront
areas that support a variety of tourist, recreational, and commercial
activities. They include all or portions of the following harbor areas:
a. Newport Harbor
b. Bristol Harbor
c. Warren waterfront d. Wickford Harbor
e. Old Harbor, Block Island
f. East Greenwich Harbor
g. Watch Hill Harbor
2. Policies
a. The Council's goals are to maintain a
balance among diverse port related activities, including recreational boating,
commercial fishing, restaurants, and other water enhanced businesses; to
promote the efficient use of space; and to protect the scenic characteristics
that make these areas valuable to tourism.
b. The highest priority uses of Type 5 waters
and adjoining land areas within Council jurisdiction are:
(1) Berthing, mooring, and servicing of
recreational craft, commercial fishing vessels, and ferries;
(2) Water dependent and water enhanced
commerce, including businesses catering to tourists;
(3) Maintenance of navigational channels and
berths, and removal of obstructions to navigation; and
(4) Activities that maintain or enhance water
quality and scenic qualities, including the preservation of historic features.
(AA) The Council shall suitably modify or
prohibit activities that significantly detract from or interfere with these
priority uses.
c. Applicants for Council Assents for
alterations or activities in Type 5 waters shall describe measures taken to
mitigate impacts on the scenic quality of the area (see § 1.3.5 of this
Part).
G.
Type 6 industrial waterfronts and commercial navigation channels
1. These water areas are extensively altered
in order to accommodate commercial and industrial water dependent and water
enhanced activities. They include all or portions of the following areas:
a. Port of Providence
b. Tiverton shipping area
c. Quonset Point and Davisville
d. Coddington Cove
e. Melville
f. Galilee and Jerusalem
g. Westerly waterfront
2. Policies
a. The Council's goals for Type 6 waters and
adjacent lands under Council jurisdiction are to encourage and support
modernization and increased commercial activity related to shipping and
commercial fisheries.
b. Highest
priority uses of Type 6 waters and adjacent lands under Council jurisdiction
are:
(1) Berthing, loading and unloading, and
servicing of commercial vessels;
(2) Construction and maintenance of port
facilities, navigation channels, and berths; and
(3) Construction and maintenance of
facilities required for the support of commercial shipping and fishing
activities.
(AA) The Council shall prohibit
activities that substantially detract from or interfere with these priority
uses.
c. The
Council will encourage and support port development and modernization and
increased economic activity in the marine industries by participating wherever
possible in the joint long range planning and development activities with other
state and local agencies, including the R.I. Port Authority, the Department of
Environmental Management, and coastal cities and towns.
d. Through its Special Area Management Plan
for Providence Harbor, and other planning initiatives, the Council will
identify and designate acceptable disposal solutions and sites adequate to meet
the need for dredging, and provide the assurances required by industry that
channel depths will be maintained, while minimizing environmental effects. The
solutions may be more costly than older disposal practices, and may involve
innovative technology. The Council will also work in cooperation with the
Cities of Providence and East Providence and the Corps of Engineers toward
achieving the removal of dilapidated piers and abandoned barges, which
presently preclude economic use of large areas within Providence
Harbor.
1.2.2 Shoreline Features
A. Coastal Beaches
1. Policies
a. The Council's goals are:
(1) To preserve the qualities of, and public
access to those beaches which are an important recreational resource (adjacent
to Type 1 and 2 waters);
(2) To
prevent activities that will significantly disrupt longshore and/or onshore
offshore beach processes, thereby creating an erosion or flooding hazard;
and,
(3) To prevent construction in
high hazard areas; and
(4) To
protect the scenic and ecologic value of beaches.
b. Alterations to beaches adjacent to Type 1
and Type 2 waters are prohibited except where the primary purpose of the
project is to preserve or enhance the area as a natural habitat for native
plants and wildlife. In no case shall structural shoreline protection
facilities be used to preserve or enhance these areas as a natural habitat or
to protect the shoreline feature.
c.
Alterations to beaches adjacent to Type 3, 4, 5, and 6 waters may be permitted
if:
(1) The alteration is undertaken to
accommodate a designated priority use for the abutting water area;
(2) The applicant has examined all reasonable
alternatives and the Council has determined that the selected alternative is
the most reasonable;
(3) Only the
minimum alteration necessary to support the designated priority use is
made;
(4) There is no change in the
usage of the property;
(5) There is
no change in the footprint of existing structures; and
(6) The construction will meet all current
and applicable policies, standards, and requirements of the RICRMP.
d. Vehicular use of beaches where
not otherwise prohibited or restricted by property owners or by private or
public management programs is permitted only under the following conditions:
(1) Motorcycles, minibikes, snowmobiles, all
terrain motorized cycles and tricycles are prohibited except for authorized
management related vehicles.
(2) A
Coastal Resources Management Council annually renewable use permit is required
for all vehicles. Such permits may be obtained for a fee subject to the
following requirements and conditions of §§1.2.1(B)(2)(d)(3) through
(12) of this Part. In the event these requirements and conditions are not met,
the use permit shall be subject to revocation by the Council or its
agents.
(3) Vehicles shall have all
documentation and registration necessary for operation on the public highways
of this state.
(4) All permit
applicants shall exhibit proof of current liability insurance
coverage.
(5) All persons operating
said vehicles shall have valid operator licenses.
(6) Maximum speed on all beaches shall not
exceed ten (10) mph. Maximum speed on beaches shall not exceed five (5) mph
when approaching pedestrians.
(7)
Ruts or holes caused by vehicles shall be filled and debris removed.
(8) Headlights shall be used by all vehicles
while in motion between sunset and sunrise.
(9) Riding on or driving from any position
outside the vehicles is prohibited.
(10) Vehicles are prohibited on swimming
beaches during the period they are protected by lifeguards and in
operation.
(11) Vehicles shall be
at all times subject to town ordinances and all regulations restricting the use
of private, state and federal properties.
(12) Vehicles are prohibited from entering
areas which have been closed through signage and/or roped-off for the
protection of beach nesting bird species including Federally-protected Piping
Plover and State listed Least Tern. Such closures may occur on a temporary
basis from April through August and are established on an as-needed basis by
the US Fish and Wildlife Service based on nesting activity in the area.
Information regarding such closures may be obtained by calling the US Fish and
Wildlife Service at (401) 364-9124 or the CRMC at (401) 783-3370. Vehicles are
also prohibited from entering areas closed though signage and/or roped-off to
promote dune restoration, invasive species control and dune or beach
re-vegetation efforts.
(13) The
Council requires, for the operator's safety and benefit, that every vehicle
operated on a beach be four-wheel (4x4) drive and carry the following equipment
in good working order listed in §§1.2.1(B)(2)(d) ((14)) through
((23)) of this Part:
(14) Shovel
(heavy duty or military entrenching tool);
(15) Tow rope or chain (15 feet, load
strength of 1,800 lbs., chain size 5/16");
(16) Jack and support stand (minimum 18" x
18" x 5/8", plywood);
(17) Street
legal tires (4 ply tread, 2 ply sidewalls) snow or mud tires are not
recommended;
(18) Spare
tire;
(19) Low pressure tire gauge
(0 20 lbs.);
(20) First aid
kit;
(21) Fire
extinguisher;
(22) Appropriate
emergency signal devices and/or two-way radio; and
(23) Flashlight.
2. Prohibitions
a. The construction of new structures other
than access ways, walkover structures, and beach facilities, are prohibited in
setback areas.
b. The use of
plastic snow fencing is prohibited due to the hazards presented to fish, marine
mammals, and other wildlife in the aftermath of a storm event.
c. Alterations to beaches adjacent to Type 1
and Type 2 waters are prohibited except where the primary purpose of the
project is to preserve or enhance the area as a natural habitat for native
plants and wildlife.
B. Barrier Islands and Spits
1. Policies
a. On barriers classified as undeveloped in Table 5 in
§1.2.2(B)(3) of this Part, the Council's goal is to preserve, protect, and
where possible, restore these features as conservation areas and as buffers
that protect salt ponds and the mainland from storms and hurricanes.
b. On barriers classified as developed in
Table 5 in §1.2.2(B)(3) of this Part, the Council's goal is to ensure that
the risks of storm damage and erosion for the people inhabiting these features
are minimized, that activities that may reduce the effectiveness of the barrier
as a storm buffer are avoided, and that associated wetlands and ponds are
protected.
c. On Barriers
classified as Moderately developed in Table 5 in §1.2.2(B)(3) of this
Part, the following policies shall apply:
(1)
New development is prohibited on Moderately Developed Barriers except where the
primary purpose of the project is restoration, protection or improvement of the
feature as a natural habitat for plants and wildlife or as allowed under
§1.2.2(B)(1)(c) of this Part;
(2) Existing roads, bridges, utilities and
shoreline protection facilities may be maintained only, in accordance with the
requirements of §1.3.1(N) of this Part;
(3) Existing recreational structures may be
altered, rehabilitated, expanded or developed according to the following
standards:
(AA) Any expansion of or
development activities associated with existing recreational structures shall
not occur within or extend into any flood zone designated as V on the most
current FEMA Flood Insurance Rate Maps, or as established by the Federal
Emergency Management Agency;
(BB)
All activity shall be confined to the existing footprint of disturbance; for
the purposes of this section, the footprint of disturbance shall be defined as
that area encompassed by the perimeter of the structural foundation and/or
areas determined by the CRMC to be substantially altered due to associated
structures, excluding dunes, wetlands and areas encompassed within pertinent
setback and buffer zone requirements of this program;
(CC) Any proposed expansion of existing
recreational structures shall be limited to an area equal to twenty-five
percent (25%) of the square footage of the ground floor area encompassed by the
structural foundation of the existing building as of June 23, 1983; associated
structures shall not be used in calculating existing area;
(DD) The activity shall meet or exceed all
relevant standards for the appropriate flood zone designation; and
(EE) All activities shall be subject to
relevant setback and buffer zone requirements of this program, including
accessory structures such as decks, porches, walls, boardwalks, swimming pools,
roads, driveways, parking lots and other structures integral to or ancillary to
the existing recreational structure.
d. Alterations to undeveloped barriers are
prohibited except where the primary purpose of the project is protection,
maintenance, restoration or improvement of the feature as a natural habitat for
native plants and wildlife. In no case shall structural shoreline protection
facilities be used to preserve or enhance these areas as a natural habitat or
to protect the shoreline feature.
e. The Council recognizes the highly dynamic
nature of barriers and that storms may cause sudden and significant changes to
the geomorphic form of these coastal features. Accordingly, large scale public
infrastructure improvements and dense development is inappropriate. Therefore,
except as provided for herein, the construction or expansion of new
infrastructure or utilities shall be prohibited on all barriers including
water, gas and sewer lines. It is not the intention of these policies to apply
to individual, on-site water supply systems or individual sewage disposal
systems, or gas lines. The use of plastic snow-fencing on all barriers is
prohibited.
f. It is the Council's
policy to assure that all construction permitted on developed barriers is
undertaken to provide for the greatest physical security of the inhabitants of
the barrier and adjoining mainland and to maintain, to as great an extent as
possible, the qualities of the adjacent coastal pond and wetlands. (See
detailed regulations for construction on dunes and beaches in §1.2.2(B) of
this Part, flood hazard areas in §1.3.1(C) of this Part, and other
applicable policies and standards in the Coastal Resources Management Program
and special area management plans). The construction of new buildings is
prohibited on developed barriers on which only roads, utility lines, and other
forms of public infrastructure were present as of 1985.
g. With the exception of boardwalks and snow
fencing utilized to trap sand, all residential and non-water dependent
recreational, commercial, and industrial structures on undeveloped barriers
physically destroyed fifty percent (50%) or more by storm induced flooding,
wave or wind damage may not be reconstructed regardless of the insurance
coverage carried.
h. Persons
utilizing undeveloped beaches are required to observe the following rules:
(1) Destruction or removal of signs, snow
fencing, or other sand stabilizing devices is prohibited; camping is prohibited
unless in vehicles equipped with a self-contained toilet.
(2) Vehicles are permitted only on marked
roads or trails and on the beach. Vehicles that drive on the beach and
designated unstabilized trails on undeveloped barriers shall abide by the
policies found in §1.2.2(B) of this Part.
(3) Persons shall be at all times subject to
applicable town ordinances and regulations restricting the use of private,
state, or federal properties.
i. Existing recreational structures, such as
beach pavilions, located on undeveloped and moderately-developed barriers that
enhance the public's access to the water and generate tourism revenue for the
State of Rhode Island may be permitted to be re-established in the event that
they are physically destroyed fifty percent (50%) or more as a result of storm
induced flooding, wave, or wind damage, provided that:
(1) Applicable policies and standards of the
RICRMP are met; and,
(2) Public
access to the shore is enhanced.
(3) Where possible, the reconstruction of
these structures shall be behind the foredune zone as defined in §1.2.2(B)
of this Part. Any reconstruction of these facilities shall be limited to the
square footage of the ground floor area encompassed by the structural
foundation of the existing (associated structures shall not be used to
calculate this area).
j.
All policies contained in §1.2.2(B) of this Part regarding beach vehicle
use on coastal beaches shall apply to beach vehicle use on barrier islands and
spits.
k. The CRMC does not require
annual beach vehicle permits on the barrier spits of Seapowet Marsh and Point
Fishing Area and Fogland Beach; both in Tiverton. Both spits are composed
primarily of beach cobble and are excluded from an annual beach vehicle permit
requirement.
2.
Prohibitions
a. The use of plastic
snow-fencing is prohibited on all barriers due to the hazards presented to
fish, marine mammals, and other wildlife in the aftermath of a storm
event.
b. Vehicle access across a
back barrier flat to access the salt ponds is prohibited. Access to the ponds
shall be on foot only.
c. Vehicles
are prohibited in vegetated areas anywhere on the barriers.
d. Alterations to undeveloped barriers are
prohibited except where the primary purpose of the project is protection,
maintenance, restoration or improvement of the feature as a natural habitat for
native plants and wildlife. In no case shall structural shoreline protection
facilities be used to preserve or enhance these areas as a natural habitat or
to protect the shoreline feature.
e. The construction of new infrastructure or
utilities or expansion of existing infrastructure or utilities shall be
prohibited on all barriers. Such infrastructure or utilities shall include but
not be limited to public or private water, electric, gas and sewer lines. This
prohibition does not apply to individual, on-site water supply systems and
onsite wastewater treatment systems, or onsite bottled gas supply.
Additionally, this prohibition does not apply to such ancillary activities as
the installation of cable and/or telephone lines that will service an existing
individual structure.
f. New
development is prohibited on moderately developed barriers except where the
primary purpose of the project is restoration, protection, or improvement of
the feature as a natural habitat for plants and wildlife or as allowed under
§1.2.2(D) of this Part. In no case shall structural shoreline protection
facilities be used to preserve or enhance these areas as a natural habitat or
to protect the shoreline feature.
g. The construction of new buildings is
prohibited on developed barriers on which only roads, utility lines, and other
forms of public infrastructure were present as of 1985.
h. All residential construction shall be
setback a minimum of fifty (50) feet. Residential construction is prohibited in
the setback zone. A special exception shall be required for relief from the
fifty (50) foot setback requirement on barriers unless the activity proposed is
a beach facility or walkover structure in which case a variance from the
setback provisions shall be required. A variance shall be required for relief
from the setback requirement on barriers for the area that lies between the
fifty (50) foot minimum setback and any greater setback based on the annual
erosion rate. No new onsite wastewater treatment systems shall be constructed
within the fifty (50) foot setback area. Walkover structures may be permitted
over the dunes in order to gain access to the beach.
i. The prohibition for new infrastructure or
expansion of existing infrastructure on all barriers does not apply to
infrastructure which is intended to service the needs of the state such as
transportation related projects, including stormwater drainage improvement
projects, or transmission corridors or other infrastructure intended to meet a
demonstrated state need that provides public benefit.
3. Table 5: Undeveloped, Moderately
Developed, and Developed Barriers
Undeveloped Barriers
Sandy Point Island, Westerly, 1
Napatree Beach, Westerly, 1 (west of Watch Hill Beach Club)
Maschaug Beach, Westerly, 1
Quonochontaug Beach, Westerly/Charlestown, 1 (west of Breachway), 1
East Pond Beach, Charlestown East Beach (Ninigret conservation area to Charlestown Breachway), 1
Green Hill Beach, South Kingstown, 1 (central portion)
Moonstone Beach, South Kingstown Browning Beach, South Kingstown, 1
Long Pond Beach, Little Compton, 1
Round Pond Beach, Little Compton, 1
Briggs Beach, Little Compton, 1
Ship Pond Cove, Little Compton Round Meadow Pond, Little Compton Quicksand Pond Beach, Little Compton, 1
High Hill Marsh Barrier, Little Compton, 1 (eastern portion)
Sandy Point/West Beach, New Shoreham, 1
Casey Point, North Kingstown, 1
Greene Point, North Kingstown, 1
Bissel Cove Barrier, North Kingstown Tibbit's Creek, North Kingstown Baker's Creek, Warwick Buttonwood Cove, Warwick Gaspee Point, Warwick Conimicut Point, Warwick Nayatt Point Beach, Barrington Mussachuk Creek, Barrington Rumstick Point, Barrington Hog Island, Portsmouth, 1 (2 separate areas)
Musselbed shoals, Portsmouth Nag Pond/Jenny Pond, Portsmouth, 1
Gull Point, Portsmouth Sheep Pen Cove, Portsmouth McCurry Point, Portsmouth Fogland Point, Tiverton, 1
Sapowet Point, Tiverton Fox Hill Pond, Jamestown
Moderately Developed Barriers
Napatree Beach, Westerly (easterly portion)
Michel Pond Beach, Charlestown Garden Pond Beach, Charlestown Charlestown Beach, Charlestown (east of breachway to developed portion)
Narragansett Beach, Narragansett Bonnet Shores Beach, Narragansett Mackerel Cove Beach, Jamestown Hazards Beach, Newport Bailey's Beach, Newport First (Easton's) Beach, Newport (western portion)
Crescent Beach, New Shoreham, 1
Second Beach, Middletown Third Beach, Middletown Tunipus Pond Beach, Little Compton Watch House Pond Beach, Little Compton, 1
Sakonnet Harbor Beach, Little Compton, 1 (eastern portion)
Developed Barriers
Atlantic Beach, Westerly Quonochontaug Beach, Charlestown (east of breachway)
East Beach, Charlestown (west of Ninigret conservation area)
Charlestown Beach, Charlestown Green Hill Beach, South Kingstown (westerly and easterly portions only)
East Matunuck/Jerusalem Beach, South Kingstown and Narragansett Roger Wheeler Beach (Sand Hill Cove), Narragansett Bonnet Shores Beach, Narragansett (easterly portion)
First (Easton's) Beach, Middletown (easterly portion)
Crescent Beach, New Shoreham (southerly portion)
Coast Guard Beach, New Shoreham High Hill Marsh Barrier, Tiverton (western portion)
1 - Denotes those barriers or portions thereof where the
Coastal Barrier Resources Act of 1982 (CBRA) prohibits federal subsidies for
most new development and federal flood insurance for all new development. For
the most up-to-date maps showing CBRA designations see US Fish & Wildlife
Service website
* Note: This list denotes most of the major barriers in Rhode Island. However, there may be some small barrier systems not contained on this list, but are subject to the policies characterized by the barrier's level of development.
C. Coastal Wetlands
1.
Policies
a. The Council's goal
is to preserve and, where possible, restore all coastal wetlands. All
contiguous freshwater wetlands are protected under this Program, regardless of
their size.
b. To offset past
losses in coastal wetlands and unavoidable alterations to surviving coastal
wetlands:
(1) Disturbed wetlands should be
restored as directed by the Council or enhanced when possible; and
(2) In areas selected on the basis of
competent ecological study, the Council will encourage the building of new
wetlands.
c. The
Council's policy is that all alterations to salt marshes and contiguous
freshwater or brackish wetlands abutting Type 1 waters are prohibited except
for minimal alterations required by the repair of an approved structural
shoreline protection facility (see §1.3.1(G) of this Part), or when
associated with a Council-approved restoration activity. In Type 1 waters,
structural shoreline protection may be permitted only when used for
Council-approved coastal habitat restoration projects.
d. It is the Council's policy that
alterations to salt marshes and contiguous freshwater or brackish wetlands
abutting Type 2 waters are prohibited except for minor disturbances associated
with:
(1) Residential docks and wetland
walkover structures approved pursuant to the standards set forth in
§§1.3.1(D) and 1.3.1(Q) of this Part, respectively;
(2) Approved repair of structural shoreline
protection facilities pursuant to §1.3.1(N) of this Part; or,
(3) Council-approved restoration
activities.
e. Coastal
wetlands designated for preservation adjacent to Type 3, 4, 5, and 6 waters are
identified on maps available for inspection at the Council's offices and on the
CRMC website at: http://www.crmc.ri.gov/maps.html.
In these designated wetlands only the following alterations may be permitted:
minor disturbances associated with:
(1)
Residential docks and wetland walkover structures approved pursuant to the
standards set forth in §§1.3.1(D) and 1.3.1(Q) of this Part,
respectively;
(2) Approved repair
of structural shoreline protection facilities pursuant to §1.3.1(N) of
this Part;
(3) Council-approved
restoration activities; or
(4)
Council-approved limited view restoration projects for existing hospitality
industry businesses.
(AA) Approval of limited
view restoration projects requires a public access plan consistent with §
1.3.6 of this Part subject to CRMC approval and requires that wetlands and
other shoreline natural resource areas be placed in a conservation easement at
a ratio of 5:1 (e.g., 5 times the area to be restored for a view must be
preserved). The area to be restored for a view shall also be included in the
conservation easement along with a long-term management plan for the view
restoration area. All view restoration projects must demonstrate through aerial
photographic evidence that a view which supported an existing hospitality
industry business has been lost over time by the growth of forested wetland
vegetation. Limited view restoration projects are prohibited bordering Type 1
and 2 waters and for all existing and proposed residential projects bordering
all water types. Dredging and filling in these designated coastal wetlands are
prohibited. The maps of designated coastal wetlands serve to identify
individual wetlands; in all cases precise boundaries shall be determined
through a field inspection when proposals that could impact these features are
being considered. In support of this goal, the Council supports a policy of "no
net loss" of coastal wetland acreage and functions as a result of coastal
development.
f. Salt marshes adjacent to Type 3, 4, 5, and
6 waters that are not designated for preservation may be altered if:
(1) The alteration is made to accommodate a
designated priority use for that water area;
(2) The applicant has examined all reasonable
alternatives and the Council has determined that the selected alternative is
the most reasonable; and
(3) Only
the minimum alteration necessary to support the priority use is made.
g. Any alteration of coastal
wetlands shall be consistent with §1.3.1(L) of this Part.
h. It is the Council's goal to provide for
maximum coastal buffer zone widths for projects abutting coastal wetlands that
are adjacent to Type 1 and 2 waters and for coastal wetlands designated for
preservation adjacent to Type 3, 4, 5, and 6 waters. In those cases where the
Council may grant a variance on small lots the minimum coastal buffer zone
width should be no less than twenty-five (25) feet.
i. It is the Council's goal to provide
maximum coastal buffer zone widths for projects abutting coastal wetlands that
are likely, based on site conditions and best available information, to migrate
landward with sea level rise. These coastal wetlands do not abut seawalls,
bulkheads or other structural shoreline protection facilities or elevated
landforms such as bluffs, cliffs, or rocky shorelines, among others. These
unobstructed coastal wetlands will migrate landward as sea level rises and
coastal buffer zones provide protected upland areas that may transition to
coastal wetlands in the future.
j.
The Council adopts the Sea Level Affecting Marshes Model (SLAMM) maps for all
twenty-one (21) Rhode Island coastal communities for coastal wetland
restoration and adaptation planning purposes. The use of the SLAMM maps is
intended to inform the public, state and local authorities of the likely
condition of coastal wetlands and their landward extent under future sea level
rise scenarios and to assist in adaptive ecosystem management and planning. The
Council's SLAMM maps are hereby incorporated in §
1.8 of this Part and are
available on the CRMC web site at: www.crmc.ri.gov.
2. Prohibitions
a. Alterations to salt marshes and contiguous
freshwater or brackish wetlands abutting Type 1 waters are prohibited except
for minimal alterations required by the repair of an approved structural
shoreline protection facility, or when associated with a Council-approved
restoration activity. In Type 1 waters, structural shoreline protection may be
permitted only when used for Council-approved coastal habitat restoration
projects.
b. Alterations to salt
marshes and contiguous freshwater or brackish wetlands abutting Type 2 waters
are prohibited except as may be permitted in §1.2.2(C)(1)(d) of this
Part.
c. Alterations to coastal
wetlands designated for preservation adjacent to Type 3, 4, 5, and 6 are
prohibited except for the activities listed in §1.2.2(C)(1)(e) of this
Part. Dredging and filling in these designated coastal wetlands are
prohibited.
d. Limited view
restoration projects are prohibited bordering Type 1 and 2 waters and for all
existing and proposed residential projects bordering all water types e. Any
limited view restoration project which does not strictly adhere to the
Council's policies and standards as stated in §§1.2.2(C)(1) and (3)
of this Part are prohibited. Should the hospitality use be discontinued the
subject property will no longer qualify for this provision and the limited view
restoration Assent will become null and void.
3. Standards
a. Limited View Restoration:
(1) A public access plan shall be provided
consistent with § 1.3.6 of this Part.
(2) Wetlands and other shoreline natural
resources areas shall be placed in a conservation easement at a ratio of 5:1
(e.g., 5 times the area to be restored for a view must be preserved within the
conservation easement). The area to be preserved for a view shall also be
included in the conservation easement along with a long-term management plan
for the view restoration area. The management plan shall be designed to manage
the view restoration area as a shrub swamp.
(3) All view restoration projects must
demonstrate through aerial photographic evidence that a view which supported an
existing hospitality industry business has been lost over time by the growth of
forested wetland vegetation, as of the effective date of this
Part.
D. Coastal Headlands, Bluffs, and Cliffs
1. Policies
a. Exposed bluffs of unconsolidated material,
such as those along the Matunuck headland in South Kingstown, have been known
to recede by as much as thirty (30) feet in a single severe hurricane. Portions
of the Mohegan Bluffs on Block Island have eroded similar distances by
undercutting of the toe resulting in bluff collapse in less severe storms.
Human activities can greatly increase the susceptibility of headland bluffs to
erosion. Structures close to the face of a bluff can make the feature unstable,
and concentrated runoff and de-vegetation can cause a marked acceleration of
erosion. Factors that affect the ability of a cliff or bluff to withstand
erosion include its composition (rock or soil type), slope, stratigraphy,
height, exposure, vegetative cover, and the amount of human disturbance to
which it is subjected. Since headland bluffs are composed of unconsolidated
glacial sediment, they are more susceptible to erosion than headland cliffs
composed of bedrock. Eroding bluffs can be important sources of sediment to
nearby beaches. The bluffs of Watch Hill headland in Westerly, for example,
were probably an important source of sand to the South Shore barrier and
headland beaches. Extensive reveting of this headland certainly had a
detrimental effect on these apparently distant and unconnected beaches. Thus,
it is the Council's policy to manage these systems as valuable sources of
sediment for Rhode Island beaches.
b. The Council's goals are to:
(1) Protect coastal cliffs and bluffs from
activities and alterations that may damage the value of these features as
sources of sediment to beaches and as a buffer against storm waves and
flooding;
(2) Prevent any
construction in contiguous areas that may weaken the feature and has the
potential of creating a hazard; and
(3) Preserve the scenic and ecological values
of these features.
c.
Due to their well-recognized scenic value and their use as tourist attractions
and low intensity recreation areas, the Council designates the following
coastal cliffs and bluffs as Coastal Natural Areas: Bonnet Point, Hazard Rocks,
Fort Wetherill, Ocean Drive, the Brenton Cove Cliffs, Cliff Walk, Purgatory
Chasm, Sakonnet Point, and Mohegan Bluffs. A Council priority when considering
proposed alterations on or adjacent to these features is the preservation and,
where possible, the restoration of their scenic qualities.
d. On shorelines adjacent to Type 1 waters,
the Council shall prohibit construction on or alteration of coastal cliffs and
bluffs and contiguous areas where such construction or alteration has a
reasonable probability of causing or accelerating erosion or degrading a
generally recognized scenic vista. The Council shall require suitable unaltered
buffer zones on cliffs and bluffs where erosion or substrate stability can be
affected by facility construction or use.
e. In determining whether a reasonable
probability exists that increased erosion or loss of scenic values will result
from the proposed construction or alteration, the Council shall consider the
following:
(1) The exposure of the feature to
the erosional forces of tidal currents, storm waves and storm-surge flooding,
wind and surface runoff, and other such natural processes;
(2) The composition of the feature involved
as well as its slope, stratigraphy, height, exposure, and vegetative
cover;
(3) Existing types and
levels of use and alteration;
(4)
Competent geological evidence to evaluate whether natural erosion of the
feature in question is a significant source of sediments to nearby headland and
barrier beaches and whether the proposed construction of alteration will
substantially reduce that source of sediment; and
(5) Inclusion of the feature on an accepted
inventory of significant scenic or natural areas or evidence of public use and
enjoyment as a scenic or natural area.
f. The Council shall encourage the use of
nonstructural methods to diminish frontal erosion associated with coastal
cliffs and bluffs adjacent to Type 1 and Type 2 waters.
g. Construction or alterations to coastal
cliff and bluffs contiguous to Type 2, 3, 4, 5 and 6 waters may be permitted
if:
(1) The construction is undertaken to
accommodate a designated priority use for the abutting water area;
(2) The applicant has examined all reasonable
alternatives and the Council has determined that the selected alternative is
the most reasonable; and
(3) Only
the minimum alteration necessary to support the designated priority use is
made.
h. In considering
applications for permits for erosion control measures, the Council shall weigh
the impact of the proposed structure on the supply of sediments to nearby
beaches. Where the Council finds that a substantial reduction or elimination of
sediment is likely to result, and that natural erosional processes affecting
the nearby beach will thereby be accelerated, it shall deny an application for
Assent.
E.
Rocky Shores
1. Policies
a. The Council's goal is to preserve and
protect these features for their role in erosion prevention, for the unique
assemblages of organisms that they may support, and for their recreation and
scenic value.
b. The alteration of
rocky shores abutting Type 1 water areas, excepting approved projects for
shoreline protection, is prohibited.
c. On shorelines adjacent to Type 1 and 2
waters, the Council shall prohibit construction on or alteration of rocky
shores and contiguous areas where such construction or alteration has a
reasonable probability of causing or accelerating erosion or degrading a
generally recognized scenic vista. In determining whether a reasonable
probability exists that increased erosion or loss of scenic value will result
from the proposed construction or alteration, the Council shall consider the
following:
(1) The exposure of the feature to
the erosional forces of tidal currents, storm waves and flooding, wind and
surface runoff, and other such natural processes;
(2) The composition of the feature involved
and any significant plant or animal communities present;
(3) Existing types and levels of use and
alteration; and
(4) Inclusion of
the feature on an accepted inventory of significant scenic or natural areas or
evidence of general public use and enjoyment as a scenic or natural
area.
d. The
construction of alterations to rocky shores adjacent to Type 3, 4, 5, and 6
waters may be permitted if:
(1) The
construction is undertaken to accommodate a designated priority use for the
abutting water area;
(2) The
applicant has examined all reasonable alternatives and the Council has
determined that the selected alternative is the most reasonable; and
(3) Only the minimum alteration necessary to
support the designated priority use is made.
F. Manmade Shorelines
1. Policies
a. Manmade shorelines usually have a major
impact on the appearance of the shore, interfere with public access to and
along the coast, prevent migration of coastal habitats and may alter erosion
accretion processes on neighboring beaches.
b. The Council's goals are:
(1) To encourage the maintenance of
structures that effectively mitigate erosion and/or sustain landforms adjacent
to the water; and
(2) Prevent the
accumulation of debris along the shore where such structures are ineffective or
no longer in active use.
c. The Council encourages proper maintenance
of existing shoreline protection structures (see §1.3.1(G) of this
Part).
d. The Council shall
endeavor to determine the ownership of abandoned and deteriorating shoreline
protection structures and shall encourage the owners of such structures to
restore or remove them. The Council may order restoration or removal where it
finds that the structure poses a hazard to navigation, interferes with the
public's right of access to and along the shore, causes flooding or wave damage
to abutting properties, or degrades the scenic qualities of the area.
e. The presence of isolated seawalls,
bulkheads, and other similar structures does not constitute a manmade
shoreline, as the term is used in this Program G. Dunes
1. Policies
a. The foredune zone, like beaches, is a
dynamic feature. While beaches are shaped by the forces of waves, the foredune
is created and shaped primarily by the wind. The foredune zone dissipates
energy from waves and storm-surge overwash. This results in a decreased wave
run-up and lowered levels of overwash water. Thus the foredune zone serves as
buffer to help minimize property loss. As reservoirs of sand, the foredune zone
provides some sediment to severely eroding beaches. The height and stability of
foredunes is enhanced by the growth of beach grass which traps and anchors
windblown sand. Although resistant to salt air and desiccation, beach grass is
easily killed by human foot traffic. The shape or form of the foredune zone is
of paramount importance. The seaward-facing slope of the foredune (termed the
dune ramp) naturally forms at the same gradient as the seaward slope of the
berm (usually 5-10 degrees). This low-gradient surface serves to dissipate and
absorb wave energy. Higher-gradient slopes on human-altered foredunes often do
not absorb the wave energy; the non-absorbed waves erode the foredune and are
reflected seaward, transporting sand offshore.
b. For management purposes the seaward limit
of the foredune zone is defined as:
(1) The
furthest seaward point where a noticeable sustained increase in topographic
slope begins, or
(2) The furthest
seaward extent of rooted vegetation in the immediate area, or
(3) Fifteen (15) feet seaward of the dune
crest, whichever is further seaward. The inland edge of the foredune zone is
defined as twenty-five feet (25) landward of the dune crest. It is from the
inland edge of the foredune zone that all setbacks and coastal buffer zones are
applied.
c. The
Council's goals are to:
(1) Protect the
foredune zone from activities that have a potential to increase wind or wave
erosion;
(2) To prevent
construction in high hazard areas and protect the public from dangerous storm
forces;
(3) To enhance the ability
of dunes to serve as a natural storm buffer; and,
(4) To protect the scenic and ecologic value
of the foredune zone and dunes.
d. In order to protect the ecological and
geological integrity of the foredune zone and enhance its ability to serve as a
buffer during moderate and severe storm events all residential construction
shall be setback not less than thirty (30) times the annual erosion rate and
commercial construction shall be setback not less than sixty (60) times the
annual erosion rate. In no case shall the dune setbacks be less than fifty (50)
feet. All dune setbacks shall be measured from the landward edge of the
foredune zone defined to be twenty-five (25) feet landward of the dune crest. A
special exception shall be required for relief from the fifty (50) foot setback
requirements from dunes and beaches on barriers unless the activity proposed is
a beach facility or walkover structure in which case a variance from the dune
setback provisions shall be required. A variance shall be required for relief
from the setback requirements from dunes and beaches on barriers for the area
that lies between the fifty (50) foot minimum setback and any greater setback
based on the annual erosion rate. Onsite wastewater treatment systems (OWTS)
have the potential to become buoyant or be damaged during a severe storm event
causing raw sewage to spill onto the beach. Therefore, no new OWTS shall be
constructed within the fifty (50) foot setback area from the dune or beaches or
seaward of construction lines (see §1.3.1(F) of this Part for definition
of new OWTS). Walkover structures may be permitted over the dunes in order to
gain access to the beach.
e.
Alteration of the foredune zone adjacent to Type 1 and 2 waters is prohibited
except where the primary purpose of the project is non-structural protection,
restoration, nourishment, or improvement of the feature as a natural habitat
for native plants and wildlife. In no case shall structural shoreline
protection facilities be used to preserve or enhance these areas as a natural
habitat or to protect the shoreline feature. The Council may also permit the
establishment of access ways (e.g., dune walkover structures) on foredunes
provided that all requirements of this section are met.
f. Alteration of the foredune adjacent to
Type 3, 4, 5, and 6 waters may be permitted if:
(1) The alteration is undertaken to
accommodate a designated priority use for the abutting water area;
(2) The applicant has examined all reasonable
alternatives and the Council has determined that the selected alternative is
the most reasonable;
(3) Only the
minimum alteration necessary to support the designated priority use is
made;
(4) There is no change in the
usage of the property;
(5) There is
no change in the footprint of existing structures; and,
(6) The construction will meet all current
and applicable policies, standards, and requirements of the RICRMP.
g. The construction of dune
walkover structures may be permitted in order to limit pedestrian traffic and
disturbance of the foredune zone. The width of dune walkover structures shall
be limited to four (4) feet. In some instances, walkover structures may include
small decks and viewing platforms provided that the square footage of the
viewing platforms will be limited to one hundred (100) square feet.
2. Prohibitions
a. Vehicles are prohibited on dunes and
within seventy-five (75) feet of the dune crest except on trails marked
expressly for vehicular use. Prohibited areas may or may not be
vegetated.
b. Alteration of the
foredune zone adjacent to Type 1 and 2 waters is prohibited except where the
primary purpose of the project is non-structural protection, restoration,
nourishment, or improvement of the feature as a natural habitat for native
plants and wildlife. In no case shall structural shoreline protection
facilities be used to preserve or enhance these areas as a natural habitat or
to protect the shoreline feature.
c. No new Individual Sewage Disposal Systems
shall be constructed within the fifty (50) foot setback area from the dune or
beaches or seaward of construction lines (see §1.3.1(F) of this Part for
definition of new ISDS).
1.2.3 Areas of Historic and Archaeological Significance
A. Policies
1. The Council's goal is to, where possible,
preserve and protect significant historic and archaeological properties in the
coastal zone.
2. Preservation of
significant historic and archaeological properties is a high priority use of
the coastal region. Activities which damage or destroy important properties
shall be considered a low priority.
3. The Council shall require modification of,
or shall prohibit proposed actions subject to its jurisdiction where it finds a
reasonable probability of adverse impacts on properties listed in the National
Register of Historic Places. Adverse impacts are those which can reasonably be
expected to diminish or destroy those qualities of the property which make it
eligible for the National Register of Historic Places. The Council shall
solicit the recommendations of the RI Historical Preservation and Heritage
Commission regarding impacts on such properties.
4. Prior to permitting actions subject to its
jurisdiction on or adjacent to properties eligible for inclusion (but not
actually listed in the National Register of Historic Places), and/or areas
designated as historically or archaeologically sensitive by the RI Historical
Preservation and Heritage Commission as the result of their predictive model,
the Council shall solicit the recommendations of the Commission regarding
possible adverse impacts on these properties. The Council may, based on the
Commission's recommendations and other evidence before it, including other
priority uses of this Program, require modification of or may prohibit the
proposed action where such adverse impacts are likely.
5. Structural shoreline protection facilities
may be permitted in Type 1 Waters provided that the structure is necessary to
protect a structure which is currently listed in the National Register of
Historic Places.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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