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-20-00-7.9 - Brownfield Redevelopment within the Aquidneck Island SAMP (formerly section 190)

1. Rhode Island Department of Environmental Management (RIDEM)-designated brownfield sites shall receive additional consideration with regard to Aquidneck Island coastal development requirements. The CRMC has established a maximum application fee of $5000 for all DEM-designated brownfield development projects (See §10-00-1.4.6 (A)(21) of this Title).

2. Brownfield sites pose unusual economic constraints, given the common need for remediation that may result in significant expense to the developer. The CRMC encourages thoughtful redevelopment of these contaminated sites, and believes that it is possible to proceed with such redevelopment in a manner that improves the natural environment while allowing for the fiscal realities of such an endeavor.

3. It is therefore the policy of the CRMC to require the maximum coastal greenway width practicable within brownfield sites while allowing for flexibility in the implementation of these rules on these sites, based upon the applicant meeting the criteria defined in § 7.5 of this Part for vegetation targets, stormwater treatment and public access. See the Urban Coastal Greenway Design Manual for recommended approaches to stormwater treatment and habitat improvement in brownfield sites.

1. Brownfield sites shall adhere to the Aquidneck Island coastal development standards and policies regarding setbacks, view corridors, and public safety as stated in this document, to the maximum extent practicable.

2. All development proposals for brownfield sites within CRMC's jurisdiction shall require a pre-application meeting including the applicant, his/her planning and design staff, and representatives of the CRMC, the RIDEM Offices of Waste Management and Water Resources, and the municipality of jurisdiction. This meeting shall take place after RIDEM has notified CRMC that the review of the investigation is complete. It is intended that this pre-application meeting be the first step in the remedial design process after a brownfield development proposal has been submitted, and is further intended to streamline the multi-agency regulatory process for proposed developments on these sites. Agency (CRMC and RIDEM) and municipal representatives at this pre-application meeting will consider the applicant's proposed designs to ensure that the proposal satisfies CRMC's Aquidneck Island coastal development requirements, the RIDEM's brownfield and stormwater requirements, and the municipality's zoning ordinances.

3. Where the Executive Director, in consultation with DEM Site Remediation staff and CRMC staff, determines that a particular ACD standard poses a risk or is impractical due to site remediation requirements, the Executive Director may waive or reduce such requirement.

4. An applicant may request of RIDEM that a proposal that satisfies the requirements of the Aquidneck Island coastal development policy be used to offset some or all of the State's Natural Resource Damage Claims at the site (including claims for additional assessment).

5. Under circumstances at a brownfield site where it is desirable to limit infiltration, traditional stormwater infiltration techniques shall not be used within the coastal greenway. The goal of total on-site stormwater treatment will still apply on brownfield sites, although the constraints of each site will be taken into consideration during the application process. Applicants are therefore encouraged to utilize vegetative stormwater management techniques such as green roofs and lined rain gardens or lined bio-retention areas with shallow-rooting plants, as well as alternative landscaping/land shaping (i.e., raised planting beds) to allow for the maximum possible on-site treatment of stormwater. Refer to the CRMC Urban Coastal Greenway Design Manual for descriptions of recommended alternatives and reference sources for additional technical information regarding the implementation of those alternatives. These alternative stormwater abatement techniques shall protect the integrity of the containment cap/structure and be approved by the CRMC and the RIDEM.