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-20-00-5.2 - Definitions
Universal Citation: 650 RI Code of Rules 20 00 5.2
Current through September 18, 2024
A. Definitions for this Part are as follows:
1. "Area of particular concern" or "APC" zone
means areas within the Metro Bay SAMP boundary that have been identified either
as highly significant habitats (High Priority Conservation or Restoration
Areas) or as areas of significant recreational value. The conservation,
restoration, and recreation designations were identified using a ranking system
that includes habitat quality, use of the site by wildlife, presence of rare
species, geographic relationships (i.e., contiguous parcels with habitat
value), and restoration potential. The APC Zone is delineated in the Urban
Coastal Greenway Zone Map (Figure 2 in §
5.4 of this Part), and the
ranking system is described in §
5.16(C)
(Appendix 3) of this Part.
2.
"Capital center district" or "CCD" means the area established in the City of
Providence Code of Ordinances that is bounded by I-95, Smith Street, Francis
Street, Gaspee Street, Canal Street, Steeple Street, Exchange Terrace, and West
Exchange Terrace.
3. "Coastal
buffer zone" is a regulatory feature that requires a naturally vegetated area
that must be retained in a natural, undisturbed condition, or properly managed
in accordance with the standards contained in §1.1.11 of this Subchapter.
In cases where native vegetation does not exist within a buffer zone, the
Council may require restoration efforts which include, but are not limited to,
replanting the coastal buffer zone with native plant species.
4. "Coastal wetlands" include salt marshes
and freshwater or brackish wetlands contiguous to salt marshes or
physiographical features as defined in §1.2.2(D) of this Subchapter. Areas
of open water within coastal wetlands are considered a part of the wetland. In
addition, coastal wetlands also include freshwater and/or brackish wetlands
that are directly associated with non-tidal coastal ponds and freshwater or
brackish wetlands that occur on a barrier beach or are separated from tidal
waters by a barrier beach.
5.
"Compensation" means a required action by an applicant that wishes to reduce
the width of an urban coastal greenway below the standard width for the
applicable UCG zone. Any reduction in UCG width below that standard requires
compensation for the lost urban coastal greenway area as described in §
5.13 of this Part.
6. "Construction setback" means a minimum
distance between a shoreline feature, buffer zone, or urban coastal greenway
and construction activities.
7.
"Council" or "CRMC" or "RICRMC" means the Rhode Island Coastal Resources
Management Council.
8.
"Development" means the construction of new commercial, industrial, or
residential structures, as defined in §1.3.1(C) of this Subchapter for the
purposes of the urban coastal greenway requirements. This also includes
structures accommodating a mix of uses within a single development, building,
or tract, as allowed by a municipality. Other activities subject to RICRMC
jurisdiction may be contained within the RICRMP definition of
development.
9. "Development zone"
means areas that have been specifically designated for high-density development
by the local municipality or the state. Many parcels within this zone are
formerly filled tidelands. This zone also incorporates large parcels within the
Metro Bay SAMP boundary that may have been primarily industrial in their former
use(s) and are therefore constrained by the existence of utility corridors and
their associated easements, and/or the need for brownfield remediation prior to
development. The boundaries of this Zone are identified on the Urban Coastal
Greenway Zone Map (Figure 2 in §
5.4(K) of
this Part)
10. "High priority
conservation areas" or "HPCA" means those areas identified by the RICRMC as
parcels or areas within the metro bay region that should be preserved for their
habitat value.
11. "High priority
restoration areas" or "HPRA" means those areas identified by the RICRMC as
parcels within the metro bay region that should be restored for their habitat
value.
12. "Inland edge" means the
boundary of a coastal feature, urban coastal greenway, or buffer zone that
directly abuts an upland area.
13.
"Inner harbor and river zone" or "IHRZ" means a zone that incorporates
extensively developed areas where, on the majority of parcels, public
infrastructure (i.e., roads and/or sidewalks) already exists between the
coastal feature and the proposed development at the time of promulgation of the
Urban Coastal Greenway Regulations. The Inner Harbor and River Zone (IHRZ)
specifically encompasses the area upriver and inland from the Providence
hurricane barrier and along the Woonasquatucket and Moshassuck Rivers,
including the Capital Center District (CCD), to the extent of the Metro Bay
SAMP boundary as depicted in the Urban Coastal Greenway Zone Map (Figure 2 in
§
5.4(K) of
this Part). The CCD is defined as the area bounded by I-95, Smith Street,
Francis Street, Gaspee Street, Canal Street, Steeple Street, Exchange Terrace,
and West Exchange Terrace, and shown on Figure 2 herein.
14. "Mitigation" means as described in §
5.10 of this Part and is
required whenever an applicant chooses not to include public access within a
development or redevelopment project that triggers the urban coastal greenway
regulations. Mitigation is not equivalent to "compensation", and therefore it
is possible that both mitigation and compensation could be required within a
single project.
15. "Low impact
development" or "LID" means planning and engineering techniques for stormwater
management that emphasize conservation and the use of vegetative features to
meet water quality goals (See §5.5.1(F) of this Part for specific LID
techniques).
16. "Managed
landscape" means for the purposes of the urban coastal greenways policy a
vegetated area within a buffer zone or urban coastal greenway where limited
landscaping practices are allowed. These practices may include the removal of
non-native invasive plants, restorative plantings of native and sustainable
plant species and the pruning, trimming, and selective cutting of vegetation
designed to manage habitat, maintain scenic view-sheds, and preserve shoreline
access. Managed landscapes should also provide for infiltration of stormwater
and the minimization of erosion. Activities not allowed in managed landscapes
include:
a. clear-cutting of vegetation
(except as part of an RICRMC-approved habitat restoration or public access
plan);
b. the establishment of
lawns (except in areas designated for public access and recreation);
c. the application of fertilizers, herbicides
and pesticides (except as specifically allowed by an RICRMC-approved managed
landscape plan); and d. any other activities which the RICRMC determines are
incompatible with the functions and values of buffer zones and established
urban coastal greenways.
17. "Metro bay region" means the northern
region of Narragansett Bay, encompassed within the boundaries of the metro bay
special area management plan or SAMP. The SAMP boundary stretches north from
the southern tip of Pawtuxet Neck in Cranston to Main Street in Pawtucket, then
around the bay to the East Providence water pollution control facility at Crest
Avenue. The boundary also includes the Woonasquatucket River tidal portion to
Atwells Avenue and the Moshassuck River to Orms Street. The municipalities
contained within the metro bay region are Pawtucket, East Providence,
Providence, and Cranston.
18.
"Multi-residential development" means any residential development designed or
used to house three or more families.
19. "Native, non-invasive vegetation" means
those species that grew naturally (outside of cultivation) in this region prior
to European colonization (URI Cooperative Extension, 1999) and do not grow so
rapidly that they become difficult to maintain. Native species are well
acclimated for local climatic and soil conditions, and often require less
frequent replacement and maintenance than non-native species. Native vegetation
also provides habitat for wildlife species that depend upon native plant
communities for all or part of their life cycle. An assemblage of native
non-invasive plants is referred to as a native plant community.
20. "Non-stormwater management wetlands"
means those wetlands that provide the recognized functions and values of
natural wetlands systems, rather than wetlands designed specifically for a
stormwater treatment function. These natural wetlands functions and values
include: wildlife and food web support; wildlife habitat; water quality
enhancement; recreation; aesthetics; and shoreline anchoring.
21. "Primary public access path" means a
linear public access along the length of the shoreline, as part of an Urban
Coastal Greenway.
22. "Providence
harbor" refers to the harbor area surrounded by and incorporating waterfront
areas of the municipalities of Providence, East Providence, and
Cranston.
23. "Public roads" means
existing, usable public throughways. This does not include streets that have
been planned, but not yet constructed.
24. "Redevelopment" means any alteration or
reconstruction of existing commercial, industrial, or residential
structures.
25. "Residential zone"
means the area south from the Johnson and Wales University Campus in Cranston
to the southern tip of Pawtuxet Neck, in addition to some areas of Providence
and East Providence, as shown in the Urban Coastal Greenway Zone Map (Figure 2
in §
5.4(K) of
this Part), and is predominantly composed of single and two-family
residences.
26. "RICRMP" means the
Rhode Island Coastal Resources Management Program - Redbook (Part 1 of this
Subchapter), as amended.
27.
"Secondary public access path" means an arterial or perpendicular public access
to a coastal feature, as part of an Urban Coastal Greenway.
28. "Shoreline" or "coastal feature" means a
natural or artificially constructed physical feature of the shoreline as
defined in §1.2.2 of this Subchapter.
29. "Shoreward edge" means the boundary of a
coastal feature, coastal buffer zone, urban coastal greenway zone, or
development site that faces away from the upland area.
30. "Standard urban coastal greenway width"
means the maximum urban coastal greenway width required for a project. The
standard width varies by UCG zone.
31. "Sustainable vegetation" means
non-invasive native plants, as described above, as well as other (non-native)
non-invasive plants that require low inputs of pesticides, fertilizers, water,
and maintenance. Refer to the Urban Coastal Greenway Design Manual for a list
of appropriate plantings. An assemblage of sustainable plants is referred to as
a sustainable landscape.
32. "Urban
coastal greenway" or "UCG" means a land area that:
a. is located with the Metro Bay Region and
adjacent to a coastal (shoreline) feature on a development site;
b. is, or will be, appropriately vegetated to
provide native plant communities and/or sustainable landscapes which serve as a
natural transition zone between the coast and adjacent upland
development;
c. provides public
access adjacent to the shoreline; and d. is established and managed to protect
aquatic, wetland, shoreline, and terrestrial environments from man-made
disturbances and coastal flood hazards, while allowing for coastal economic
development.
33. "Urban
coastal greenway design manual" means a CRMC reference guide that provides
information regarding urban coastal greenway design options and resources. See:
http://www.crmc.ri.gov/samp_mb/UCG-Design-Manual.pdf.
34. "Urban coastal greenway management plan"
means a CRMC-approved document that specifies the property owner's required
best management practices for urban coastal greenway maintenance and
management.
35. "Vegetated buffer
zone" means a land area that provides a vegetated transition zone composed of
native plant communities and/or sustainable landscapes between a waterway and
developed land. Native plant communities are often preferred in areas
identified for wildlife habitat while sustainable landscapes often support
recreation and water quality treatment in areas where wildlife habitat is not a
priority. Site development strategies shall be discussed with the CRMC prior to
site plan development.
36. "Water
quality volume" means the quantity of water that must be captured for water
quality treatment by a stormwater management system. The specific requirements
for water quality volume are established in the RIDEM Rhode Island Stormwater
Design and Installation Standards Manual, as amended.
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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