Rhode Island Code of Regulations
Title 650 - Coastal Resources Management Council
Chapter 20 - Coastal Management Program
Subchapter 00 - N/A
Part 7 - Aquidneck Island SAMP Coastal Development Regulations
Section 650-RICR-20-00-7.4 - Activities That Trigger AI Coastal Greenway Requirements (formerly section 140)

Universal Citation: 650 RI Code of Rules 20 00 7.4

Current through September 18, 2024

A. Applicability

1. The following activities shall be subject to the Aquidneck Island Coastal Development (ACD) requirements when an applicant chooses the coastal greenway option, rather than the standard setback and buffer requirements of §§1.1.9 and 1.1.11 of this Subchapter. Further, these requirements shall be applied when any portion of a project extends onto a shoreline feature or its 200 foot contiguous area within the Aquidneck Island SAMP boundary area.

a. 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.

b. Redevelopment - the alteration or reconstruction of any existing commercial, industrial, or multi-residential structures that results in:

(1) An increase of building or accessory structure footprints by twenty (20) per cent or more over existing conditions as of the adoption date of the AI SAMP CG regulations. In computing the 20% or more expansion, all structures within 200 feet of the coastal feature shall be considered, as well as all structures subject to CRMC jurisdiction on the project site; or

(2) An increase of ten thousand (10,000) square feet of gross floor area of any building or group of buildings on a project site; or

(3) The addition of 20,000 square feet or greater of new impervious surface area (i.e., buildings or parking areas) on the project parcel. (Note: Excludes resurfacing of existing paved areas.); or

(4) A material change or intensification of use of an existing structure or transfer of ownership from government, (municipal, state, or federal) for private development activity.

B. Standards

1. Where a property owner owns adjoining lots, these lots shall be evaluated for the purpose of applying the Aquidneck Island Coastal Development requirements to the project parcel, and ensuring that the appropriate coastal greenway is established and fragmentation is avoided.

2. The entire extent of a development project must be submitted to the CRMC, as part of any Preliminary Determination application, regardless of parcel ownership. The applicant must include any plans for phased development on the tract(s) of land so that the CRMC can review proposals for jurisdiction and/or project impacts.

3. In any case where an applicant is submitting phased portions of a development project for consideration, the applicant shall not create any circumstance that would preclude the installation of the Coastal Greenway on any phase of the project site. Accordingly, the applicant shall be cognizant that the Coastal Greenway requirements may still apply for any future development on the site, and subsequent phases of development must accommodate the Coastal Greenway unless specifically waived by the CRMC for public safety concerns (See § 7.4(D) of this Part).

C. Other Projects

1. Projects that are subject to CRMC coastal jurisdiction within the AI SAMP boundary, but do not meet the ACD applicability thresholds specified above, may voluntarily apply the Coastal Greenway requirements with CRMC approval in lieu of the setback and buffer standards in §§1.1.9 and 1.1.11 of this Subchapter.

D. Exemptions

1. The Aquidneck Island Coastal Development requirements shall not be applied to the following activities:

a. pre-existing structure(s), unless the structure(s) are razed for new development or meet the redevelopment threshold as defined above;

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

c. new development of individual structures with less than 200 square feet in building footprint area, including single -family homes and duplexes that are not part of a larger development project;

d. 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. §§ 104, 105, and 106); or e. municipal, state, or federally-owned projects for which the sole purpose is to provide public access and other public amenities such as ball fields, parks, playgrounds, public boat ramps, public fishing piers or boating facilities, etc.; or f. Direct federal activities associated with the secured area of Naval Station Newport and subject to CRMC federal consistency review. Other federal projects or actions within the AI SAMP region, however, shall be subject to all applicable policies and standards provided they do not impinge upon Naval Station Newport security.

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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