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-20-00-3.3 - Definitions
Universal Citation: 650 RI Code of Rules 20 00 3.3
Current through September 18, 2024
A. Definitions for this Part are as follows:
1. "Cumulative effects" means the physical,
biological, or chemical outcome of a series of actions or activities on the
environment.
2. "Cumulative
impacts" means the total effect on the environment of development activities
and/or natural events taking place within a geographic area over a particular
period of time resulting from land use, water use and development activities or
actions taking place anywhere within the salt pond region over any period of
time. They are not restricted to on-site impacts, but may include off-site
impacts which exist or are going to exist based on current land use planning.
Cumulative impacts can result from traditionally unregulated changes in land
and water uses.
3. "Experimental
coastal erosion control methods" means unconventional methods that are intended
to control erosion along coastal beaches or capture sand in shallow water
depths parallel to the beach in order to restore beach profiles. These methods
are defined as "experimental" because their effectiveness in controlling
coastal erosion is highly variable. These methods have not been previously
permitted and used in Rhode Island, but may have been used in other states with
varying degrees of success. Such experimental coastal erosion control methods
are temporary in nature and designed to provide short-term, localized erosion
management while more comprehensive, long-term regional solutions are
developed. Such long-term strategies will likely include the relocation (also
known as retreat) of existing development and public infrastructure to more
inland positions. By definition the term "experimental" refers to a product or
method that is based on an untested idea or technique and has not yet been
fully tested. Thus, inherent in the concept of "experimental" coastal erosion
control methods is the understanding that the impact, results, success or
failure of the untested methodologies:
a.
cannot be readily predicted;
b.
require special monitoring and supervision; and
c. may require unilateral, summary
termination if a methodology results in detrimental impacts. Experimental
coastal erosion control methods do not include revetments, bulkheads, seawalls,
groins, breakwaters or jetties.
4. "Lands of critical concern" means lands
that are presently undeveloped or developed at densities of one residential
unit per 120,000 square feet. These lands may be adjacent to or include one or
more of the following:
a. sensitive areas of
the salt ponds that are particularly susceptible to eutrophication and
bacterial contamination;
b. overlie
wellhead protection zones or aquifer recharge areas for existing or potential
water supply wells;
c. areas
designated as historic/archaeologic sites;
d. open space;
e. areas where there is high erosion and
runoff potential;
f. habitat for
flora and fauna as identified through the RI Natural Heritage Program, large
emergent wetland complexes, and U.S. Fish & Wildlife lands; and
g. fisheries habitat.
5. "Lands developed beyond carrying capacity"
means lands that are developed at densities of one residential or commercial
unit on parcels of less than 80,000 square feet, and frequently at higher
densities of 10,000 square feet or 20,000 square feet. Intense development
associated with Lands Developed Beyond Carrying Capacity is the result of poor
land use planning and predates the formation of the Council. High nutrient
loadings and contaminated runoff waters from dense development have resulted in
a high incidence of polluted wells and increased evidence of eutrophic
conditions and bacterial contamination in the salt ponds. Most of the OWTS in
these areas predate RIDEM regulations pertaining to design and siting
standards, and have exceeded their expected life span.
6. "Land suitable for development" means the
net total acreage of the parcel, lot or tract remaining after exclusion of the
areas containing, or on which occur the following protected resources: coastal
features as defined within R.I. Gen. Laws Chapter 46-23 and in § 1.2.2 of
this Subchapter; freshwater wetlands, as defined in § 1.1.2 of this
Subchapter (see CRMC Rules and Regulations Governing the Protection and
Management of Freshwater Wetlands in the Vicinity of the Coast, Part 2 of this
Subchapter); and lands to be developed as streets and roads shall also be
excluded from the calculated acreage of developable land.
7. "Nitrogen reducing technologies" means
alternative wastewater treatment systems which reduce total nitrogen
concentrations by at least 50%. Total nitrogen reduction is the annual mean
difference by percentage between total nitrogen concentrations in the effluent
of the septic or primary settling tank and the concentrations taken at the end
of the treatment zone as defined by the specific technology.
8. "Salt pond region" means the environment
within the surface watershed boundaries as delineated on the land use
classification maps in § 3.44 of this Part.
9. "Self-sustaining lands" are lands that are
undeveloped or developed at a density of not more than one residential unit per
80,000 square feet.
Within these areas, the nutrients discharged to groundwater by septic systems, fertilizers and other sources associated with residential activities may be sufficiently diluted to maintain on-site potable groundwater. However, the one residential unit per two acre standard is not considered sufficient to reduce groundwater nitrogen concentrations to levels which will prevent eutrophication, or mitigate for dense development in other portions of the watershed.
10.
"Tributary" means any flowing body of water or watercourse which provides
intermittent or perennial flow to tidal waters, coastal ponds, coastal wetlands
or other down-gradient watercourses which eventually discharge to tidal waters,
coastal ponds or coastal wetlands.
11. "Tributary wetlands" means freshwater
wetlands within the watershed that are connected via a watercourse to a coastal
wetland and/or tidal waters.
12.
"Underground storage tank" or "UST" means any one or more underground tanks and
their associated components, including piping, used to contain an accumulation
of petroleum product or hazardous material.
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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