Rhode Island Code of Regulations
Title 650 - Coastal Resources Management Council
Chapter 20 - Coastal Management Program
Subchapter 00 - N/A
Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast
Section 650-RICR-20-00-9.16 - Municipal Petition Process

Universal Citation: 650 RI Code of Rules 20 00 9.16

Current through September 18, 2024

A. A municipality may petition the CRMC to amend the buffer standard to increase the width of a designated buffer zone protecting one (1) or more freshwater wetland resources within the associated contiguous jurisdictional area. The municipal petition shall specify the buffer zone increase requested.

B. A municipal petition shall be submitted in writing, and it shall be accompanied by a formal council resolution passed by the municipal government.

C. Municipal petitions must include the following:

1. A detailed description of the freshwater wetland resource(s) to be protected.

2. The technical justification for the proposed buffer zone increase, including an assessment of the freshwater wetland resources' functions and values that contribute to the need for the buffer zone increase. The assessment may include, but is not limited to, the freshwater wetland size(s), classification, flood protection value, water quality improvement function, plant and wildlife habitat and diversity, the presence of rare plant or animal species, and the freshwater wetland resources' condition. The municipal petition shall be based on Rhode Island-specific information or other relevant data or studies that support the need for the additional buffer zone protection.

3. A map depicting the location of the freshwater wetland resource(s) subject to the increased buffer zone distance.

4. Any additional information that the CRMC determines is necessary to properly evaluate the municipal petition.

D. Upon submittal of a municipal petition, the CRMC shall either deny the petition in writing (stating the reasons for the denial) or initiate rulemaking proceedings.

E. The approved increased buffer zone distance shall not be retroactively applied to prior CRMC decisions.

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