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 September 18, 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.
