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-20-00-5.7 - Area of Particular Concern Zone (formerly section 170)
Universal Citation: 650 RI Code of Rules 20 00 5.7
Current through September 18, 2024
A. Policy
1.
Within the APC Zone, it is the policy of the RICRMC to maintain and restore
natural vegetated coastal buffers with maximum widths to protect the valuable
habitats and/or contiguous vegetated corridors contained within the zone. The
Council does not support projects that propose to alter existing natural areas
having high environmental value for habitat, recreation, or scenic quality, as
delineated on the Urban Coastal Greenway HPCA and HPRA Map (See §
5.16(D) of
this Part). Accordingly, projects that propose to alter these habitats are
inconsistent with this policy, and are strongly discouraged.
2. Applicants have a choice of either Option
1 (standard buffer width) or Option 2 (variance request) as detailed below for
projects located in the APC Zone.
3. Any public access plans should be
consistent with §1.3.6 of this Subchapter.
4. Projects under either option must meet the
15% minimum vegetative cover and stormwater management requirements.
B. Standards
1. Option 1: Standard buffer width.
a. All development proposals within the APC
Zone that completely meet the requirements under this option will be processed
as Category A applications in accordance with the RICRMP.
b. Applicants choosing this option must
adhere to the standard buffer width as determined in §
5.16(B) of
this Part. In addition, all structures must be set back 25 feet from the inland
edge of the buffer.
c. The buffer
must be comprised of a mix of native plant species and must remain in a natural
and undisturbed state. At the discretion of the CRMC, limited buffer zone
management activities may be authorized only when it is clearly demonstrated
that the habitat quality of the affected area will not be diminished.
d. The applicant must provide a public access
plan in accordance with §1.3.6 of this Subchapter.
e. Under Option 1, variances to the buffer
width are not permissible.
2. Option 2: Variance request.
a. All development proposals within the APC
Zone seeking a buffer variance shall be processed as Category B applications in
accordance with the RICRMP.
b. An
applicant may only reduce the standard APC Zone buffer width through the
granting of a variance by the RICRMC in accordance with §
5.11 of this Part. At no
time shall any applicant provide a buffer less than 50% of the required buffer
width as determined in §
5.16(B) of
this Part (Appendix 2). Furthermore, the minimum buffer width within an APC
Zone shall be twenty-five (25) feet.
c. Any proposals for a buffer less than 50%
of the required APC Zone buffer width shall require a Special Exception in
accordance with §1.1.8 of this Subchapter.
d. All structures must be set back 25 feet
from the inland edge of the buffer.
e. In the event that a buffer variance is
approved, the applicant must compensate for the difference between the required
buffer width and any reduced buffer width at twice the rate described in §
5.13(A) of
this Part. Variance requests for APC zone buffers may not use the compensation
measures described in §
5.13(B) of
this Part to meet their obligations under this section.
C. Figure 6: Decision tree for area of particular concern zone requirements
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