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-20-00-5.5 - Urban Coastal Greenway Regulations

(1) Development - the construction of any new commercial,industrial, or residential structures as defined in §1.3.1(C) of this Subchapter. This also includes structures accommodating a mix of uses within a single development, building, or tract, as allowed by a municipality.

(2) Redevelopment - the alteration or reconstruction of any existing commercial, industrial, or multi-residential structures that results in:

(1) pre-existing structure(s), unless the structure(s) are razed for new development or meet the redevelopment threshold as defined above in § 5.5(C)(1)(a) ((2)) of this Part;

(2) activities that qualify as maintenance pursuant to §1.3.1(N) of this Subchapter;

(3) new development of individual structures with less than 200 square feet in building footprint area;

(4) commercial or industrial port activities including, but not limited to: bulk material transport; energy facilities; ship building, repair, maintenance; or any activity subject to US Coast Guard Maritime Security (MARSEC) jurisdiction (See: 33 C.F.R. Parts 104, 105, and 106); or

(5) projects on municipal or state-owned land may be considered compliant with relevant UCG requirements when the sole purpose of the project is to provide public access or other public amenities (e.g., ball fields, parks, playgrounds, public boat ramps or boating facilities, etc.).

a. Minimum 15% vegetation requirement: Applicants must include sustainably landscaped areas in their proposals to achieve vegetative coverage of at least 15% of the surface area over the entire development parcel. This vegetation requirement may be met by the UCG or through a combination of the UCG and additional plantings elsewhere on the property, including green roofs. All planting plans shall be prepared by a licensed landscape architect (See: R.I. Gen. Laws § 5-51-16). The landscape plan shall use an appropriate mix of groundcovers, grasses, forbs, shrubs, and trees to achieve the goals of these regulations. The vegetated area may include landscaping elements of surface stormwater treatments, green roofs and bioretention areas, or other Low Impact Development (LID) vegetation alternatives. Within the UCG, the plantings should include an appropriate mix of trees, shrubs, and ground covers, with minimal use of high maintenance lawn sods and grasses.

b. Stormwater management: All new development and redevelopment proposals shall meet the stormwater requirements in §1.3.1(F) of this Subchapter and as specified in the most recent edition of the Rhode Island Stormwater Design and Installation Standards Manual (250-RICR- 150-10-8) to control peak flow rates and volumes, maximize infiltration of runoff, and improve water quality. Applicants shall incorporate LID techniques such as filter strips, vegetated swales, vegetated detention ponds, bioretention areas, stormwater infiltration planters, green roofs, etc. to the maximum extent practicable. Permeable paving materials, vegetated buffers, and infiltration techniques should be used where ever feasible and desirable to support infiltration and groundwater recharge. If site conditions and/or other regulatory constraints do not allow these practices, appropriate non-vegetative stormwater treatment technologies (i.e., proprietary devices) may be permitted on a case-by-case basis. Applicants shall coordinate their stormwater management strategy with the RICRMC, RIDEM, and the municipality of jurisdiction. CRMC and DEM will coordinate for compliance with any required DEM Water Quality Certification or RIPDES permits. Furthermore, proprietary stormwater management technologies shall be maintained and monitored in accordance with §5.21 of this Part.

c. Public access: It is the RICRMC's preference that applicants provide alongshore and arterial public access pathways within the development site, as described in §5.5.1(E) of this Part. Public access may not be required for development activities subject to United States Coast Guard Maritime Security (MARSEC) jurisdiction. Public access shall always be required:

d. Construction Setback: A construction setback of 25 feet is required for all new and existing residential, commercial, mixed-use, and other structures to provide for fire, safety, and maintenance purposes. The setback is measured from the inland edge of the UCG or buffer.

e. Project Illumination: All exterior light fixtures shall use shielding and glare control devices to shield surrounding areas from excessive light trespass and glare.

a. Provide pedestrians with a sense of direction while giving them some visible indication as to where access is encouraged or restricted.

b. Provide a minimum number of access routes while allowing users some flexibility in movement.

c. Use shrubbery and low-level plantings (those which attain heights no greater than 3 feet) within 10 feet of footpaths, with the exception of appropriately spaced trees. Plants in managed landscapes should be graded such that taller plants are next to walls or other structures.

d. Avoid creating unused or unusable spaces or isolated pockets, except in areas designated for wildlife habitat.

e. Ensure that access opportunities enhance and complement shoreline observation opportunities.

f. Provide for emergency access to public spaces and areas.

g. Provide access for maintenance of stormwater treatment measures.

a. Public access;

b. Physical access to the coastal feature for public recreation;

c. Emergency vehicle access;

d. Public utility corridors;

e. Structural shoreline protection; and

f. UCG or utility maintenance corridors.

a. ability to perform the desired function(s);

b. anticipated survival and hardiness given site conditions, with minimal (if any) application of pesticides and fertilizer;

c. high wildlife value; and

d. aesthetic value.

a. The public access component shall be located within the UCG identified for the project. In certain cases, the RICRMC may allow the public access component to be located within the construction setback or other portion of the site as conditions may require. Applicants, however, must ensure that the UCG primary public access path on their development site connects with any existing UCG public access path on adjacent parcels.

b. The applicant's engineer must certify that public access paths and associated elements shall be compliant, where applicable, with the most recent version of the Americans with Disabilities Act (ADA) Standards for Accessible Design (See: https://www.ada.gov/2010ADAstandards_index.htm ) are incorporated by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations).

c. The Council prefers that all new multi-residential, commercial, and mixed-use developments provide primary (alongshore) public access within the Urban Coastal Greenway. These primary public access pathways shall be a minimum of eight (8) feet in width to accommodate pedestrians, but may be wider if designed to accommodate both pedestrian and bicycle access. Projects must design the UCG pathway to provide an extension of adjacent existing pedestrian or bicycle pathways, if consistent with a municipal or state pedestrian or bike path access plan.

d. All public access pathways should be constructed of a pervious surface. In those cases where pathways are constructed of impervious materials for bicycle access or to be consistent with existing adjacent impervious surface paths (e.g., Waterplace Park), the project must include stormwater treatments to minimize stormwater runoff, as described in the Urban Coastal Greenway Design Manual. Public access paths shall be designed to have a relatively flat profile and cross section to prevent stormwater runoff from eroding the path surface or adjacent soils. When paths are located directly adjacent to the coastal feature, they should be angled slightly to cause stormwater runoff to flow inland for treatment (e.g., bioretention area), rather than toward the coastal feature.

e. Each parcel with a UCG shall include at least one secondary (arterial or perpendicular) access path leading to the linear UCG public access path, unless adjoining parcels share a secondary public access path as described in §5.5.1(E)(1)(g) of this Part.

f. Each Urban Coastal Greenway must include adequate provisions for emergency vehicle access paths from the nearest street to the shoreline. These vehicular paths shall be constructed of a permeable surface capable of supporting emergency vehicles.

g. Each project must provide at least one secondary public pedestrian or vehicular access pathway per 500 linear feet of shoreline. Adjoining parcels may share secondary pedestrian or vehicular access paths on their shared boundary, where applicable. The RICRMC may waive the 500-foot secondary pathway standard if the applicant provides ten (10) percent more public parking spaces than required in §5.5.1(E)(1)(h) of this Part below, and can demonstrate that there is adequate available secondary public access.

h. In order to facilitate public access to the shoreline, each development with a UCG shall include a minimum of two (2) public parking spaces adjacent to an access point or incorporated within a project, and an additional space per 100 linear feet of shoreline (where "linear" refers to the shortest distance between lot boundaries) within the parcel. The placement of the public parking spaces shall be decided in consultation with the RICRMC and the municipality of jurisdiction. In cases where the project is directly adjacent to public parking, (defined as on-street parking and off-street parking available to the general public), such spaces may be included for purposes of satisfying the public parking requirements of this section

i. Acknowledgement of existing public access. The CRMC may allow reduced public access requirements within lots containing preexisting public access, provided there is no net loss of access and the following standards are met:

j. In order to facilitate public access to the shoreline and promote passive recreational uses of the waterways, and where appropriate based on site conditions, each project with a UCG must provide a minimum of one public access point that leads directly to the water in the form of a stabilized path or steps, canoe/kayak ramp, overlook, or other access method. Where appropriate, given the discretion of the CRMC Executive Director, this requirement may be satisfied if the UCG public access path directly abuts the shoreline feature. Applicants should consult with CRMC staff concerning the type and design of direct shoreline access methods.

a. Minimization measures including decreased clearing and grading or reducing the use of pipes, curbs, and gutters;

b. Using alternative surfacing materials such as gravel, cobble, wood mulch, grass pavers, turf blocks, natural stone, and concrete pavers in cross walks, for example;

c. Discharge of runoff into open drainage systems, vegetative swales, and other bioretention areas to slow runoff, reduce discharges, and encourage more infiltration and evaporation;

d. Integration of, bioretention, biofiltration, storage, and capture of runoff systems into the site;

e. Planting large trees within a designated UCG and the site in general to promote evapotranspiration, restore urban forests, provide scenic relief, and vegetative screening;

f. The installation of green roofs to retain and naturally filter stormwater runoff;

g. The use of cisterns to temporarily store rainwater that can subsequently be used for irrigation of the property; and

h. The incorporation of rain gardens or other bioretention systems.

a. Petrochemical Storage;

b. Storage of other hazardous materials;

c. Parking or automobile storage within the UCG;

d. Application of chemicals (e.g., pesticides, fertilizers, etc.) that have not been approved by the RICRMC;

e. Storage or stockpiling of mulch, compost, or other organic materials;

f. Storage or stockpiling of construction materials;

g. Fueling and servicing of equipment and other motorized vehicles; and

h. Recycling of construction materials.