Rhode Island Code of Regulations
Title 670 - State Planning Council
Chapter 00 - N/A
Subchapter 00 - N/A
Part 1 - Rules and Standards of the State Planning Council (670-RICR-00-00-1)
Section 670-RICR-00-00-1.3 - Review of Project Proposals to Determine State Guide Plan Consistency

Universal Citation: 670 RI Code of Rules 00 00 1.3

Current through September 18, 2024

1.3.1 Purpose and Authority

The purpose of this rule is to establish procedures for making the determination of consistency with the State Guide Plan for projects proposed by agencies of the State, as defined in § 1.3.2 of this Part, entitled "Applicability" and R.I. Gen. Laws § 42-64-14(a) entitled, "Rhode Island Commerce Corporation". R.I. Gen. Laws § 42-11-10(c)(6) authorizes the Council to: "Monitor the planning of specific projects and designing of specific programs of short duration by the operating departments, other agencies of the executive branch, and political subdivisions of the state to insure that these are consistent with and carry out the intent of applicable strategic plans". R.I. Gen. Laws § 42-11-10(f)(2) empowers the Council: "To coordinate the planning and development activities of all state agencies, in accordance with strategic plans prepared and adopted as provided for by this section".

1.3.2 Applicability

Agencies are subject to this section by means of legislation, executive order, judicial order, or voluntary agreement. The Council shall approve and the Division of Planning shall maintain, and post to its website, a list of agencies and programs subject to this Rule. Staff shall notify the Council of any recommended changes to this list and the reason for such change.

1.3.3 Submission for Review

Requests for a determination of conformity of proposed projects with the State Guide Plan shall be submitted to the Secretary of the Council. All requests shall be submitted in a manner determined by the Division of Planning and approved by the Council.

1.3.4 Notification

The Secretary shall determine within three (3) business days of receipt as to whether the application is sufficient or whether additional information is needed. If the application is insufficient, applicants will be so notified with a statement of the information needed to commence a review. If an applicant fails to provide the required information within thirty (30) days of the notification, the Secretary shall notify the applicant that a determination of consistency could not be made based on the materials submitted. Upon determination that an application is complete, the Secretary will notify the applicant of the deadline for completion of the review process, which shall be forty-five (45) days from the date of acceptance. The Secretary shall also notify all members of the Council of the acceptance of the application. Copies of the complete application shall be furnished to any Council member upon request.

1.3.5 Review

A. The Secretary shall prepare, within twenty-one (21) days following the acceptance of the application, an advisory report. The advisory report shall briefly summarize the proposed project, the results of the review, and the findings of the Secretary as to whether the proposal does or does not conform to the State Guide Plan. The Secretary may solicit the input of other State agencies in making this determination. In determining consistency with the State Guide Plan, the Secretary shall consider:
1. the project's primary and direct effects;

2. the project's secondary and indirect effects;

3. the project's long and short-term effects; and,

4. the cumulative effects of projects similar in either geographic location or functional purpose.

B. The Secretary shall contact each city and town affected by the proposal and request an opinion as to whether the proposed project is consistent with the local comprehensive plan.

1.3.6 Completion of the Review - Finding of Conformance

A. Upon completion of the review, the Secretary shall prepare a report with preliminary findings which shall be made available to each member of the Council. If the Secretary finds that a proposed project conforms to all applicable provisions of the State Guide Plan, the report shall so state and all members of the Council shall have ten (10) days in which to enter any objections to the finding. All objections must be submitted to the Secretary in writing.

B. If no objections are received, the finding shall be considered final and the Chair of the Council shall notify the applicant. This notification shall state that the proposed project does conform to the State Guide Plan.

C. If any objection is made, the proposed project shall be considered for a Final Determination under § 1.3.8 of this Part at a regular or special meeting of the Council, which shall be held not later than forty-five (45) days following the date of acceptance of the proposal by the Secretary.

1.3.7 Completion of the Review - Finding of Non-Conformance

If the Secretary finds that a proposed project does not conform to all applicable provisions of the State Guide Plan, the report shall so state and describe those respects in which the project does not conform. The proposed project and the report shall be considered for a Final Determination at a regular or special meeting of the Council, which shall be held not later than forty-five (45) days following the date of acceptance the proposal by the Secretary.

1.3.8 Final Determination

The Council shall determine, by majority vote of attendees, whether the project is in conformance with the State Guide Plan or not in conformance with the State Guide Plan. Each determination of the Council shall be accompanied by a concise and explicit statement of the principal reasons for and against the determination reached by the Council, incorporating therein the reasons for overruling the considerations urged for a contrary determination. The Secretary shall notify the applicant of the Council's determination, in writing, not later than forty-five (45) days following the date of acceptance of the proposal by the Secretary. Each determination of the Council and each supporting statement shall be mailed to the governing body of each city and town affected by the proposal and shall be made available to the public upon request.

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