Rhode Island Code of Regulations
Title 650 - Coastal Resources Management Council
Chapter 20 - Coastal Management Program
Subchapter 05 - Ocean Special Area Management Plan
Part 4 - RICRMP: Ocean SAMP - Chapter 4 - Cultural and Historic Resources (650-RICR-20-05-4)
Section 650-RICR-20-05-4.3 - Policies and Standards (formerly Section 440)

A. The Council recognizes the rich and historically significant history of human activity within and adjacent to the Ocean SAMP area. These numerous sites and properties, that are located both underwater and onshore, should be considered when evaluating future projects.

B. The Coastal Resources Management Council ("Council") has a federal obligation as part of its responsibilities under the Federal Coastal Zone Management Act to recognize the importance of cultural, historic, and tribal resources within the state's coastal zone, including Rhode Island state waters. It has a similar responsibility under the Rhode Island Historic Preservation Act. The Council will not permit activities that will significantly impact the state's cultural, historic and tribal resources.

C. The Council will engage federal and state agencies, and the Narragansett Indian Tribe's Tribal Historic Preservation Office (THPO), when evaluating the impacts of proposed development on cultural and historic resources. The Rhode Island Historic Preservation and Heritage Commission (RIHPHC) is the State Historic Preservation Office (SHPO) for the state of Rhode Island, and is charged with developing historical property surveys for Rhode Island municipalities, reviewing projects that may impact cultural and historic resources, and regulating archaeological assessments on land and in state waters. For other tribes outside of Rhode Island that might be affected by a federal action it is the responsibility of the applicable federal agency to consult with affected tribes.

D. Project reviews will follow the policies outlined in §00-1.2.3 of this Chapter "Areas of Historic and Archaeological Significance" and in §00-1.3.5 of this Chapter "Guidelines for the Protection and Enhancement of the Scenic Value of the Coastal Region" of the State of Rhode Island Coastal Resources Management Program, As Amended ("Red Book"). The standards for the identification of cultural resources and the assessment of potential effects on cultural resources will be in accordance with the National Historic Preservation Act Section 106 regulations at 36 C.F.R. Part 800, Subpart B - Protection of Historic Properties.

E. Historic shipwrecks, archeological or historical sites located within Rhode Island's coastal zone are Areas of Particular Concern (APCs) for the Rhode Island coastal management program. Direct and indirect impacts to these resources must be avoided to the greatest extent possible. Other areas, not noted as APCs, may also have significant archeological sites that could be identified through the permit process. For example, the area at the south end of Block Island waters within the 30 foot depth contour is known to have significant archeological resources. As a result, projects conducted in the Ocean SAMP area may have impacts to Rhode Island's underwater archaeological and historic resources.

F. Archaeological surveys shall be required as part of the permitting process for projects which may pose a threat to Rhode Island's archaeological and historic resources. During the filing phase for state assent, projects needing archaeological surveys will be identified through the joint review process. The survey requirements will be coordinated with the SHPO and, if tribal resources are involved, with the Narragansett THPO.

G. APCs may require a buffer or setback distance to ensure that development projects avoid or minimize impacts to known or potential historic or archaeological sites. The buffer or setback distance during the permitting process will be determined by the SHPO and if tribal resources are involved, the Narragansett THPO.

H. In addition to general Area of Particular Concern buffer/setback distances around shipwrecks or other submerged cultural resources, the Council reserves the right, based upon recommendations from RIHPHC, to establish protected areas around all submerged cultural resources which meet the criteria for listing on the National Register of Historic Places.

I. Projects conducted in the Ocean SAMP area may have impacts that could potentially affect onshore archaeological, historic, or cultural resources. Archaeological and historical surveys may be required of projects which are reviewed by the joint agency review process. During the filing phase for state assent, projects needing such surveys will be identified and the survey requirement will be coordinated with the SHPO and if tribal resources are involved, with the Narragansett THPO.

J. Guidelines for onshore archaeological assessments in the Ocean SAMP Area can be obtained through the RIHPHC in their document, "Performance Standards and Guidelines for Archaeological Projects: Standards for Archaeological Survey" (RIHPHC 2007), or the lead federal agency responsible for reviewing the proposed development.

4.3.1 Marine Archaeology Assessment Standards (formerly §440.1)

4.3.2 Visual Impact Assessment Standards (formerly §440.2)