A. The
Coastal Resources Management Council ("Council") developed and adopted on
January 15, 2008, §00-1.1.10 of this Chapter and is part of the federally
adopted Rhode Island Coastal Resource Management Program (RICRMP). This is the
controlling provision for the upland areas within the Council's jurisdiction
and the immediate shoreline areas and seaward to a distance of 500 feet
offshore. This Part is intended to be the controlling policy for the ocean
waters from beyond the 500 foot mark out to the three-mile limit.
B. See §00-1.1.10 of this Chapter for
the most recent policies on climate change and sea level rise.
3.3.1
General Policies (formerly
§350.1)
A. The Council recognizes
that the changes brought by climate change are likely to result in alteration
of the marine ecology and human uses affecting the Ocean SAMP area. The Council
encourages energy conservation, mitigation of greenhouse gasses and adaptation
approaches for management. The Council, therefore, supports the policy of
increasing offshore renewable energy production in Rhode Island as a means of
mitigating the potential effects of global climate change.
B. The Council shall incorporate climate
change planning and adaptation into policy and standards in all areas of its
jurisdiction of the Ocean SAMP and its associated land-based infrastructure to
proactively plan for and adapt to climate change impacts such as increased
storminess and temperature change, in addition to accelerated sea level rise.
For example, when evaluating Ocean SAMP area projects and uses, the Council
will carefully consider how climate change could affect their future
feasibility, safety, and effectiveness. When evaluating new or intensified
existing uses within the Ocean SAMP area, the Council will consider predicted
impacts of climate change especially on sensitive habitats, most notably
spawning and nursery grounds, of particular importance to targeted species of
finfish, shellfish, and crustaceans.
C. The Council will convene a panel of
scientists biannually to advise on findings of current climate science for the
region and the implications for Rhode Island's coastal and offshore regions, as
well as the possible management ramifications. The horizon for evaluation and
planning needs to include both the short term (10 years) and longer term (50
years). The Science Advisory Panel for Climate Change will provide the Council
with expertise on the most current global climate change related science,
monitoring, policy, and development design standards relevant to activities
within its jurisdiction of the Ocean SAMP and its associated land-based
infrastructure to proactively plan for and adapt to climate change impacts such
as increased storminess, temperature change, and acidification in addition to
accelerated sea level rise. The findings of this Science Advisory Panel will be
forwarded on to the legislatively-appointed Rhode Island Climate Change
Commission for their consideration.
D. The Council will prohibit those land-based
and offshore development projects that based on a sea level rise scenario
analysis will threaten public safety or not perform as designed resulting in
significant environmental impacts. The U.S. Army Corps of Engineers (ACOE) has
developed and is implementing design and construction standards that consider
impacts from sea level rise. These standards and other scenario analysis should
be applied to determine sea level rise impacts.
E. The Council supports the application of
enhanced building standards in the design phase of rebuilding coastal
infrastructure associated with the Ocean SAMP area, including port facilities,
docks, and bridges that ships must pass under.
F. The Council endorses the development of
design standards for marine platforms that account for climate change
projections on wind speed, storm intensity and frequency, and wave conditions,
and will work with the U.S. Bureau of Ocean Energy Management, Regulation and
Enforcement, Department of Interior, Department of Energy, and the Army Corps
of Engineers to develop a set of standards that can then be applied in Rhode
Island projects. The Council will reassess coastal infrastructure and seaworthy
marine structure building standards periodically not only for sea level rise,
but also for other climate changes including more intense storms, increased
wave action, and increased acidity in the sea.
G. The Council supports public awareness and
interpretation programs to increase public understanding of climate change and
how it affects the ecology and uses of the Ocean SAMP area.
3.3.2
Regulatory Standards (formerly
§350.2)
Public infrastructure projects shall provide an analysis of
historic and projected (medium and high) rates of sea level rise and shall at
minimum assess the risks for each alternative on public safety and
environmental impacts resulting from the project.