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-20-00-5.13 - Compensation Options for Urban Coastal Greenway Requirements (formerly section 230)

Universal Citation: 650 RI Code of Rules 20 00 5.13

Current through September 18, 2024

A. Compensation is required whenever an applicant reduces an Urban Coastal Greenway from the standard UCG width for the applicable zone or requests a variance under the UCG regulations. In addition, the applicant must still meet the general UCG requirements regarding shoreline features, vegetation targets, public access, and minimum width as listed in §5.5.1 of this Part. Similarly, the minimum 15% vegetation requirement and the stormwater management requirements for the development sites must be met in §5.5.1(A)(3) of this Part regardless of whether or not compensation options are utilized. 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.

B. The compensation requirements are intended to accommodate a continuous Urban Coastal Greenway around the urban coastline of Narragansett Bay, as articulated in Section 270 of the CRMC Metro Bay SAMP guidance document. Compensation options for a reduced UCG width may include:

1. Urban Coastal Greenways Trust (Note: Trust not established by the General Assembly)
a. In no case shall the Urban Coastal Greenway width be less than the minimum width defined within the applicable zone. When compensation is required, the applicant shall pay a fee into the Urban Coastal Greenways Trust. In order to calculate this fee, the RICRMC shall establish the representative waterfront value per acre for each Metro Bay Region municipality based upon professional appraisals of representative coastal parcels within each municipality. These values will be reassessed by the RICRMC every 12 months. The representative waterfront value will be multiplied by 50-percent to obtain the final dollar amount that shall be levied per square foot of UCG lost in a given municipality.

b. Compensation fees paid to the Trust shall be used only for the acquisition of property interests (fee simple, conservation easements, and other lesser interests) that serve the purposes of coastal habitat conservation or coastal habitat restoration within designated HPCA or HPRA (See § 5.16(D) of this Part (Appendix 4)) within the Metro Bay Region. The CRMC shall prioritize the use of these funds based upon three factors:
(1) Habitat quality ranking where a ranking of "C4" or "R3" denotes highest conservation or restoration priority and "C1" or "R1" denotes lowest priority, as described in § 5.16(C) of this Part (Appendix 3);

(2) High Priority Conservation Areas (HPCAs) within Area of Particular Concern zones shall have priority over HPCAs within other Urban Coastal Greenway zones; and

(3) Presence of a suitable HPCA. Restoration activities for High Priority Restoration Areas shall only be funded through this program if the CRMC determines that a suitable HPCA is not available. In the case where no suitable HPCA is available, habitat restoration of HPRAs shall be prioritized in the same manner described above for HPCAs.

2. Other possible compensation measures
a. At the discretion of RICRMC, an applicant may use one or a combination of the following measures to compensate for a reduction in the required UCG width. The compensation measures shall be equal or greater in value to the fee that would otherwise be contributed to the Urban Coastal Greenways Trust and must truly create new and additional public benefits.
(1) Creation of non-stormwater management wetlands such as new salt marsh or other appropriate coastal wetland areas. The establishment of non-stormwater management wetlands shall be on-site or adjacent to the development wherever possible, or in other areas within the Metro Bay Region SAMP boundary, as deemed appropriate in consultation with the RICRMC. Additionally, such projects must meet the bonding requirements of § 5.10(B) of this Part. The RICRMC will endeavor to pre-identify areas for these non-stormwater management wetlands projects.

(2) Restoration of an existing degraded wetland. The mitigation via restoration of degraded wetlands shall be on-site or adjacent to the development wherever possible, or in other areas within the Metro Bay SAMP boundary, as deemed appropriate in consultation with the RICRMC. Additionally, such projects must meet the bonding requirements of § 5.10(B) of this Part. The RICRMC will endeavor to pre-identify areas for these wetland restoration projects.

(3) Increase opportunities for public recreational use of coastal waters on the development site. This could be accomplished through the construction of a public canoe or kayak rack along the shoreline, accessible from the secondary public access pathway on the site. This option does not include construction of marinas.

(4) Increase amenities for public access pathways within the UCG. This might include enhancement of the pathway through the placement of benches, lookout points, bicycle paths, fishing piers or platforms, fish cleaning facilities, or interpretive signage.

(5) Purchase of land to establish UCG connections within the Metro Bay SAMP boundary. This may be accomplished through direct purchase of land or through conservation easements, with the intent of establishing continuous public access throughout the Metro Bay Region.

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