650 R.I. Code R. 650-RICR-10-00-1.4

Current through December 3, 2024

Section 650-RICR-10-00-1.4 - Application for Council Permits

1.4.1Proposed Actions Requiring a Council Permit

A. All developments or operations within, above or beneath the tidal waters below the mean high water mark extending out to the extent of the State's jurisdiction in the territorial sea, and those occurring on coastal features or within all directly associated contiguous areas which are necessary to preserve the integrity of coastal resources, any portion of which extends onto the most inland shoreline feature of its two hundred foot (200') contiguous area, or as otherwise set out in the Coastal Resources Management Program, require a Council Assent. (See the definition of development in Part 20-00-1 of this Title)

B. The design, location, construction alterations(s), or operation of:

1. Power generating and desalination plants;

2. Chemical or petroleum processing, transfer or storage;

3. Minerals extraction;

4. Sewage treatment and disposal and solid waste disposal facilities whether residential, municipal or industrial;

5. Shoreline protection facilities and activities occurring on shoreline physiographical features and all directly associated contiguous areas which are necessary to preserve the integrity of such facility and/or features;

6. Alterations to, or activities occurring on coastal wetlands and all directly associated contiguous areas which are necessary to preserve the integrity of such wetland.

C. Where the Council finds a reasonable probability or conflict with adopted Regulations of this Title or damage to the coastal environment.

D. All developments or operations which may alter the character of any freshwater wetland in the vicinity of the coast.

1.4.2Information Requirements, Application Forms and Fees

A. Application forms may be obtained from the Coastal Resources Management Council, Oliver Stedman Government Center, 4808 Tower Hill Road, Wakefield, R.I. 02879-1900, by calling (401) 783-3370, or from the CRMC website: www.crmc.ri.gov.

B. An application checklist/instruction sheet will be provided to each applicant together with required forms.

C. Applicants must complete four (4) application forms and return them together with the proper application processing fee to the Coastal Resources Management Council. Application processing fees are non-refundable in the event the CRMC denies an application or another State agency denies a permit that is a prerequisite for a CRMC Assent.

D. Public, Quasi-public Entity: The above fees may be waived for any public or quasi-public entity based upon a finding by the Executive Director of general public benefit.

E. Applicants shall be required to obtain and certify that they have in their possession current approvals from municipal bodies which are otherwise required for the proposed action. Municipal approval shall be construed to mean compliance and conformity with all applicable comprehensive plans and zoning ordinances and/or the necessary variance, exception and other special relief there from (see § 20-00-1.3.1(A) of this Title). However, qualifying businesses may be exempt from this requirement provided they meet the provisions of R.I. Gen. Laws § 42-35-3.5.

F. Applicants shall further be required to obtain and certify that they have in their possession current approvals from all other agencies which are otherwise required for the proposed action. However, qualifying businesses may be exempt from this requirement provided they meet the provisions of R.I. Gen. Laws § 42-35-3.5.

G. The above required municipal and State approvals shall be construed as a prerequisite for any application before the Council considers the application. The Council may waive the requirements of obtaining approvals in the usual sequence by a majority vote of the Council. But a final Assent shall not be issued until all required approvals have been obtained.

H. In contested cases, the Subcommittee shall not proceed until it has received the comments from staff biologist, staff engineer, Historical Preservation Commission, and water quality certification comment.

I. Provided they meet the provisions of R.I. Gen. Laws § 42-35-3.5, a qualifying business may request, in writing, a concurrent review at the time of filing a CRMC application. Upon receiving the written request, the CRMC will conduct a simultaneous application review with other applicable State agencies and the municipality provided the business obtains a preliminary determination from the local municipality that demonstrates the proposed project is consistent with the applicable municipal zoning ordinances. Under this process, the CRMC will not require prior approvals or permits from municipalities or State agencies under §§ 1.4.2(E) and (F) of this Part above to conduct the simultaneous review. The CRMC, however, will not issue the CRMC Assent until such time that the applicant submits to the CRMC the required municipal and State agency permits.

1.4.3Application Requirements for Expedited Review of Projects Seeking Insurance Institute for Business & Home Safety (IBHS) Fortified Home^TM Program Designation

A. Applicants for projects seeking the IBHS Fortified Home^TM Program Certification shall file with their CRMC Assent application a copy of their Fortified Home^TM Evaluation Application.

B. Fortified Bronze level applications are eligible for expedited review only until December 31, 2017. Beginning January 1, 2018, only Fortified Silver or Gold level projects will be eligible for the expedited permit incentive.

C. Bronze level re-roofing projects on existing homes are eligible for expedited review and Assent issuance within five (5) business days or less, provided there are no changes in the rooflines or structural footprint expansion.

D. Silver and Gold level projects for new home construction or renovation to existing homes are eligible for expedited application review and Assent issuance within fifteen (15) business days or less provided they have a complete application as determined by CRMC staff, meet Category A application requirements, and there are no variance requests for setback, buffer and stormwater standards as specified in §§ 20-00-1. 1.9, 1.1.11 and 1.3.1(F) of this Title, respectively.

E. Fortified Home^TM Program applicants must provide a permit bond payable to the CRMC in the amount of five thousand dollars ($5,000.00) for Bronze level certification and twenty thousand dollars ($20,000.00) for Silver and Gold level certifications. The CRMC shall release the permit bond upon the project completing the requirements of the Fortified Home^TM Program and providing certification of such to the CRMC within ninety (90) days following the issuance of a Certificate of Occupancy issued by the local building official. Upon a determination by CRMC staff that the applicant failed to provide the Fortified Home^TM Program certification within the specified period, the applicant shall be in default and the bond shall be forfeited to the CRMC. Further, two (2) defaults by an applicant will commence their ineligibility for the expedited review program, pursuant to this Section, for a period of five (5) years.

1.4.4Schedule of Fees

A. All filing fees are set by the Council and are non-refundable.

B. Only when an application is filed within one (1) year of a Council Determination Request report may the filing fee be applied against the filing fee of other applications for Council Assent.

1.4.5Determination Request

A. Those projects for a single-family residential structure (existing or proposed), including a coastal feature verification for the site, filed by a homeowner or potential homeowner: three hundred dollars ($300.00)

B. All other projects (e.g., development of subdivisions, condominiums, commercial, industrial, waterfront business, etc.), including a coastal feature verification for the site: one thousand dollars ($1,000.00)

C. Jurisdictional determinations: one hundred dollars ($100.00)

1.4.6Applications for Council Assent

A. All fees are summative. In addition, all fees are filing fees and are non-refundable.

1. New Residential Boating Facility (pier/dock): one thousand five hundred dollars ($1,500.00)

2. Modification of under fifty percent (50%) of size (area) of a current assented residential boating facility: two hundred fifty dollars ($250.00)

3. Residential development projects (condominiums, subdivisions, paper subdivisions, etc.): three thousand five hundred dollars ($3,500.00) for the first six (6) units/lots and four hundred dollars ($400.00) for each additional unit/lot, plus one half of one percent (0.5%) of estimated project cost (see below) of the infrastructure (roads, drainage, etc.) of the project. For the purposes of this determination a paper subdivision is a subdivision of a parcel of land which involves no application for construction (roads, utilities, dwellings, etc.), except residential development projects.

4. All units and/or lots that are part of a Council-approved subdivision application and are within CRMC jurisdiction and are submitted to the Council for Assent in accordance with all conditions and stipulations of the approved subdivision application: fee shall be equal to half of the single-family residential home application fee

5. All other projects (not identified herein, including reviews conducted pursuant to § 20-00-1.3.3 of this Title):

a. Estimated Project Cost (EPC). Determination of the EPC shall be based, where applicable, on the EPC accepted by the building official subject to acceptance by the CRMC. The EPC shall include all costs associated with site preparation (e.g., earthwork, landscaping, etc.), sewage treatment and disposal (e.g., cost of an Onsite Wastewater Treatment Systems (OWTS), sewer extension, sewer tie-in, etc.), and construction costs (e.g., materials, labor, installation of all items necessary to obtain a Certification of Occupancy, etc.). For projects where the determination is not available, the EPC shall be provided by the applicant subject to its acceptance by CRMC after review of the application. For an individual homeowner project, this can be estimated based on the best information available concerning the construction costs. Applicants for all other types of projects shall provide documentation showing the basis on which the EPC was determined. Where additional specificity in the documentation is deemed necessary by CRMC staff, a written estimate by a qualified appraiser, engineer, or architect will be supplied by the applicant.

(1) Projects with an (EPC) up to and including five hundred dollars ($500.00) shall be assessed a twenty-five dollar ($25.00) application fee.

(2) Projects with an (EPC) greater than five hundred dollars ($500.00) and less than or equal to one thousand dollars ($1,000.00) shall be assessed a fifty dollar ($50.00) application fee.

(3) Projects with an EPC greater than one thousand dollars ($1,000.00) and less than or equal to two thousand five hundred dollars ($2,500.00) will be assessed a one hundred dollar ($100.00) application fee.

(4) Projects with an EPC greater than two thousand five hundred dollars ($2,500.00) and less than or equal to five thousand dollars ($5,000.00) will be assessed a one hundred fifty dollar ($150.00) application fee.

(5) Projects with EPC greater than five thousand dollars ($5,000.00) and less than or equal to ten thousand dollars ($10,000.00) will assessed a two hundred dollar ($200.00) application fee.

(6) Projects with EPC greater than ten thousand dollars ($10,000.00) and less than or equal to twenty-five thousand dollars ($25,000.00) will assessed a two hundred fifty dollar ($250.00) application fee.

(7) Projects with EPC greater than twenty-five thousand dollars ($25,000.00) and less than or equal to fifty thousand dollars ($50,000.00) will assessed a five hundred dollar ($500.00) application fee.

(8) Projects with EPC greater than fifty thousand dollars ($50,000.00) and less than or equal to one hundred thousand dollars ($100,000.00) will assessed a seven hundred fifty dollar ($750.00) application fee.

(9) Projects with EPC greater than one hundred thousand dollars ($100,000.00) and less than or equal to one hundred fifty thousand dollars ($150,000.00) will assessed a one thousand dollar ($1,000.00) application fee.

(10) Projects with EPC greater than one hundred fifty thousand dollars ($150,000.00) and less than or equal to two hundred thousand dollars ($200,000.00) will assessed a one thousand two hundred fifty dollar ($1,250.00) application fee.

(11) Projects with EPC greater than two hundred thousand dollars ($200,000.00) and less than or equal to two hundred fifty thousand dollars ($250,000.00) will assessed a one thousand five hundred dollar ($1,500.00) application fee.

(12) Projects with EPC greater than two hundred fifty thousand dollars ($250,000.00) and less than or equal to three hundred thousand dollars ($300,000.00) will assessed a one thousand seven hundred fifty dollar ($1,750.00) application fee.

(13) Projects with EPC greater than three hundred thousand dollars ($300,000.00) and less than or equal to three hundred fifty thousand dollars ($350,000.00) will assessed a two thousand dollar ($2,000.00) application fee.

(14) Projects with EPC greater than three hundred fifty thousand dollars ($350,000.00) and less than or equal to four hundred thousand dollars ($400,000.00) will assessed a two thousand two hundred fifty dollar ($2,250.00) application fee.

(15) Projects with EPC greater than four hundred thousand dollars ($400,000.00) and less than or equal to four hundred fifty thousand dollars ($450,000.00) will assessed a two thousand five hundred dollar ($2,500.00) application fee.

(16) Projects with EPC greater than four hundred fifty thousand dollars ($450,000.00) and less than or equal to five hundred thousand dollars ($500,000.00) will assessed a two thousand seven hundred fifty dollar ($2,750.00) application fee.

(17) Projects with an EPC greater than five hundred thousand dollars ($500,000.00) and less than or equal to twenty million dollars ($20,000,000.00) will be assessed an application fee of two thousand seven hundred fifty dollars ($2,750.00) plus one-half of one percent (0.5%) of the EPC beyond five hundred thousand dollars ($500,000.00), to a maximum fee of one hundred thousand two hundred and fifty dollars ($100,250.00).

(18) Projects with an EPC greater than twenty million dollars ($20,000,000.00) will be assessed an application fee of one hundred thousand two hundred fifty dollars ($100,250.00) plus one-fourth of one percent (0.25%) of the EPC beyond twenty million dollars ($20,000,000.00).

6. Maintenance fees shall be assessed as follows:

a. Projects with an EPC up to five hundred dollars ($500.00) will be assessed a twenty dollar ($20.00) application fee;

b. Projects with EPC greater than five hundred dollars ($500.00) and less than or equal to one thousand dollars ($1,000.00) will assessed a thirty-five dollar ($35.00) application fee;

c. Projects with an EPC greater than one thousand dollars ($1,000.00) and less than or equal to five thousand dollars ($5,000.00) will be assessed an application fee of fifty dollars ($50.00).

d. Projects with EPC greater than five thousand dollars ($5,000.00) and less than or equal to ten thousand dollars ($10,000.00) will assessed a one hundred dollar ($100.00) application fee.

e. Projects with an EPC greater than ten thousand dollars ($10,000.00) and less than or equal to twenty million dollars ($20,000,000.00) will be assessed an application fee of one hundred dollars ($100.00) plus one-half of one percent (0.5%) of the EPC beyond ten thousand dollars ($10,000.00), to a maximum fee of one hundred thousand fifty dollars ($100,050.00).

f. Projects with an EPC greater than twenty million dollars ($20,000,000.00) will be assessed an application fee of one hundred thousand fifty dollars ($100,050.00) plus one-fourth of one percent (0.25%) of the EPC beyond twenty million dollars ($20,000,000.00).

8. Assent Renewal or Extensions:

a. Single Family Residence: seventy-five dollars ($75.00)

b. All Others: two hundred fifty dollars ($250.00)

9. Request for Modification of Assent shall be assessed the following application fees:

a. Single Family Residence where no public hearing is necessary: one hundred dollars ($100.00)

b. All others shall be charged the appropriate application fee or two hundred fifty dollars ($250.00) whichever is greater.

c. CRMC permitted aquaculture operation: one hundred dollars ($100.00)

10. Beach Vehicle Permits:

a. Annual, in-State vehicle registration: one hundred dollars ($100.00)

b. Annual, out-of-State vehicle registration: two hundred dollars ($200.00)

11. Lightering fee: two hundred fifty dollars ($250.00) each transfer

12. Buffer Zone Alterations and/or Management Plans shall be assessed the following application fees based on acreage affected:

a. When the buffer zone alteration and/or management plan covers less than or equal to one-half (1/2) an acre: five hundred dollars ($500.00)

b. When the buffer zone alteration and/or management plan covers an area greater than one-half (1/2) an acre but less than or equal to one (1) acre: six hundred dollars ($600.00)

c. When the buffer zone alteration and/or management plan covers an area greater than one (1) acre but less than or equal to five (5) acres: seven hundred fifty dollars ($750.00)

d. When the buffer zone alteration and/or management plan covers an area greater than five (5) acres: one thousand dollars ($1,000.00)

13. Structural Shoreline Protection Facilities shall be changed an application fee as follows:

a. New structural shoreline protection facilities shall be charged an application fee of one thousand five hundred dollars ($1,500.00) for the first one hundred linear feet (100') and fifteen dollars ($15.00) per linear foot thereafter.

b. Maintenance to structural shoreline protection facilities shall be charged an application fee in accordance with § 1.4.6(A)(6) of this Part above.

14. Onsite Wastewater Treatment Systems (OWTS) shall be charged the following application fees:

a. Single family homes (alteration or repair): eighty dollars ($80.00)

b. All other OWTS (alteration or repair): one hundred five dollars ($105.00)

15. If a project requires outside consultant staff or extraordinary professional assistance, the CRMC may negotiate a special grant with the applicant to pay the same in accordance with R.I. Gen. Laws § 46-23-8.

16. Aquaculture Renewal Fee: seventy-five dollars ($75.00)

17. Recreational Aquaculture Fee:

a. Initial: fifty dollars ($50.00)

b. Annual: twenty-five dollars ($25.00)

18. Experimental Aquaculture, Each Site: twenty-five dollars ($25.00)

19. The Executive Director, in his discretion and with the concurrence of the Chairman, may reduce an application fee for commercial, industrial and mixed use projects within the urban core or growth center coastal communities of Providence, East Providence, Pawtucket, and Newport or for projects that meet the requirements of R.I. Gen. Laws § 42-64-7et seq. (Mill Building and Economic Revitalization Act), where such application is eligible for an administrative Assent and meets all applicable programmatic goals, policies, and standards. The reduced fee shall be no less than the estimated processing time of Council staff of a rate per hour set by the Planning and Procedures Subcommittee (as of May 2006: five hundred dollars ($500.00) per hour). The minimum application fee shall be five thousand dollars ($5,000.00).

20. Projects that are determined to be brownfield sites under applicable DEM Rules and Regulations (250-RICR-140-30-2) shall be assessed an application fee of five thousand dollars ($5,000.00).

21. Application fees for projects which have applied for and been accepted by the Army Corps of Engineers as non-Federal dredging applicants in conjunction with the Federal maintenance dredging of the Providence River and Harbor, are hereby waived. This waiver is only available during the time that the Federal Providence River and Harbor Maintenance Dredging project is operational, and upon completion of this Federal navigation project this provision will become null and void. The Executive Director shall report to the Council when this provision becomes null and void.

22. CAD Cell Disposal Fee:

a. Marinas, Boatyards, Yacht Clubs: eleven dollars and sixty-five cents ($11.65) per cubic yard (cy)

b. Commercial Facilities: seventeen dollars ($17.00) per cy

c. Residential Docks: twenty-five dollars ($25.00) per cy

23. § 20-00-1.3.3 Waiver Requests: one thousand dollars ($1,000.00)

24. Project reviews conducted pursuant to § 20-00-1.3.3 of this Title, which are determined to require a Council Assent, shall pay an application fee in accordance with § 1.4.6(A)(5) of this Part above.

25. The application fee for Coastal Hazard Resiliency Projects, including but not limited to flood proofing, elevating structures and other accepted methods, in association with Army Corps of Engineers funded projects shall be waived.

1.4.7Administrative Fees for Activities Which Have Occurred Without a Valid CRMC Approval

A. Administrative Reviews:

1. In accordance with Council Regulations, all activities or alterations which have already occurred, or have been constructed or partially constructed without a Council Assent shall be subject to the fee schedule contained in § 1.4.6 of this Part. In addition, the Executive Director shall assess the following administrative fees which take into account the additional demand on Council resources (see § 20-00-1.1.12 of this Title, formerly RICRMP Section 160):

a. Illegally constructed structures and unauthorized activities located in tidal waters and/or on adjacent coastal or shoreline features shall be assessed a five hundred dollar ($500.00) administrative fee;

b. Illegal activities excluding those classified as maintenance activities under the RICRMP shall be assessed a two hundred fifty dollar ($250.00) administrative fee; and,

c. Unauthorized maintenance activities shall be assessed a one hundred dollar ($100.00) administrative fee.

d. The Executive Director may, based on the impact to coastal resources, hardship on an applicant, and the cost of Council resources associated with enforcement and staff review, adjust the administrative fees described above.

2. Applications before the Council:

a. In accordance with Council Regulations, all activities or alterations which have already occurred, or have been constructed or partially constructed without a Council Assent shall be subject to the fee schedule contained in § 1.4.6 of this Part. In addition, the Council shall assess an appropriate administrative fee based on a recommendation by the Executive Director. The recommended administrative fee shall take into account the impact on coastal resources, additional demand on Council resources, and hardship on an applicant.

1.4.8Contested Cases

A. Whenever the Council determines that an application has become a contested case that requires a Subcommittee hearing(s) as defined herein and in its Regulations, the applicant shall pay the actual costs of the Subcommittee hearing process including, but not limited to, stenographer, staff overtime, legal staff, transcript costs, printing costs, public notice costs, rental of meeting room, and the costs of security personnel.

1.4.9Petitions for Regulation Changes

A. Applicants petitioning the Council to make Regulation changes pursuant to the Rhode Island Administrative Procedures Act, R.I. Gen. Laws § 42-35-6, shall file a written request detailing the proposed Regulation change with track changes, proposed text, and the reasoning and necessity for the proposed Regulation change.

1.4.10Hardships

A. Where an applicant can demonstrate that the fee schedule described herein presents an undue hardship, the Council may adjust the application fee, administrative fee, and/or contested case fees.

1.4.11Applications involving Freshwater Wetlands in the Vicinity of the Coast

A. In cases where a proposed project or activity is subject to the permit jurisdiction of the Council solely due its proximity to freshwater wetlands in the vicinity of the coast, the Council shall charge a fee equal to that required under Part 20-00-2 of this Title, Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast.

B. When a proposed project or activity is subject to the Council's jurisdiction and permit requirements due to the nature of the project or activity, its proximity to a coastal feature, or its location within the boundaries of the Narrow River or Salt Ponds watersheds (as defined in the respective Special Area Management Plans), and the proposed project or activity is also subject to Part 20-00-2 of this Title, Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast, due to its proximity to freshwater wetlands, then one (1) application fee shall be required. In such cases, the fee shall be the higher of the two (2) fees required by this Section and Part 20-00-2.

1.4.12Modifications to Pending Applications

A. When an applicant or his/her consultant(s) submits re-designed site plans for a proposed activity after staff reports have been completed, or more than two (2) times during the course of review of an application or a modification, the Executive Director in his discretion may set a review fee that is additional to the application fee for such extra staff review time and that which is consistent with the rate-per-hour fee allowances of § 1.4.6(A)(20) of this Part above, provided however that the applicant will not be charged in instances where staff has requested additional information and the applicant provides the requested information.

1.4.13Requests for Continuances Are Subject to the Following Fees

A. First (1st) Request: one hundred dollars ($100.00)

B. Second (2nd) Request: two hundred fifty dollars ($250.00)

C. Third (3rd) or Greater: five hundred dollars ($500.00)

1.4.14Transatlantic Cables. Consistent with R.I. Gen. Laws Chapter 46-23 et seq. and Specifically R.I. Gen. Laws § 46-23-1(f)(2), the Fee for Transatlantic Cables Making Landfall in Rhode Island Shall Be Set at:

A. Forty thousand dollars ($40,000.00) per annum per active cable; and,

B. Two thousand five hundred dollars ($2,500.00) one (1) time fee per inactive cable.

1. The annual fee for existing active cables shall be assessed by the CRMC immediately upon enactment and pro-rated to the calendar year. All such subsequently CRMC-approved active cables shall be assessed at the time of approval and pro-rated to the calendar year. Inactive cable fees are due in full upon enactment.

2. The annual fee shall be due on January 1st of each year.

3. The fee schedule shall be re-evaluated every five (5) years.

4. For purposes of this Regulation a transatlantic cable is one that spans or crosses the Atlantic Ocean from Rhode Island to another country other than Canada or Mexico. It resides in, on or over Rhode Island's submerged lands within the State's three (3) mile limit.

5. As further defined herein, an active transatlantic cable is a cable functioning and operating for its intended purposes. An inactive transatlantic cable is a cable which is not active and intended by its record owner to be permanently inactive. Inactive does not include temporary periods of inactivity for maintenance, repairs, replacement or other similar purposes.

6. The record owner of an active transatlantic cable that makes landfall in Rhode Island shall provide written notice to CRMC of the record owner's termination of activity of an active submerged transatlantic cable that makes landfall in Rhode Island. Such notice shall be provided to CRMC within ten (10) days of such termination. Once a cable is considered inactive, the one (1) time fee shall become applicable in the next calendar year.

7. The record owner of an inactive transatlantic cable that makes landfall in Rhode Island will provide written notice to CRMC of the record owner' s reactivation of an inactive submerged transatlantic cable that makes landfall in Rhode Island. Such notice shall be provided to CRMC within ten (10) days of such reactivation.

8. If there is a change in ownership the record owner shall notify CRMC of the change in ownership and who the new record owner is within thirty (30) days of the change.

1.4.15Administrative Penalty Matrix

A. The Administrative Penalty Matrix is used to capture information about a violation and establish a baseline penalty when assessing administrative fines as described in § 20-00-1.1.13 Violations and Enforcement Actions. The baseline penalty may be adjusted downward or upward based on special circumstances.

B. Special Circumstances. Enforcement staff recognizes unique or special circumstances that cannot be captured in the matrix. This adjustment factor is intended to provide CRMC Enforcement Staff with flexibility to make upward and downward adjustments to a calculated baseline penalty based upon unique circumstances that do not clearly fit within the matrix. When used, the special circumstances must be specifically explained, and peer reviewed by CRMC enforcement staff. Enforcement staff shall also consider Section 1.1.13 (C) 5, (C) 6, (C) 7, (C) 9, and (C)10 as described in § 20-00-1.1.13 Violations and Enforcement Actions.

1. Examples of special circumstances which would warrant downward adjustment of the baseline penalty include, but are not limited to, good faith efforts to comply before or after the discovery of the violation, and violations caused by circumstances beyond the control of the responsible party which could not be prevented by due diligence.

2. Examples of special circumstances which would warrant upward adjustment of the baseline penalty include, but are not limited to, economic or competitive advantage gained by the responsible party and deterrence of future noncompliance.

C. Baseline Penalty

1. Impacts to Public Health, Safety, Welfare, and the Environment

a. As described in § 20-00-1.1.13(C) 1 The actual or potential impact on public health, safety and welfare and the environment or failure to comply.

POINT VALUE	AREA AFFECTED	EXTENT OF DEVIATION FROM REGULATIONS	ACTUAL AND POTENTIAL DAMAGES SUFFERED AND COSTS INCURRED
NONE-NEGLIGIBLE
MODERATE
HIGH

2. Aggravating Factors

a. Circumstances surrounding the violation that are sufficient to raise its severity and penalty to the aggravated version of the violation,

POINT VALUE	PERMIT/ENFORCEMENT HISTORY	PUBLIC INTEREST	INTENTIONALITY
NONE-NEGLIGIBLE
MODERATE
HIGH

D. Explanation of Categories

1. Area Affected: The extent of regulated area or areas damaged, impacted, and/or altered as a result of the violation.

2. Extent of Deviation from the Regulations: The degree to which the violator has deviated from the substance and intent of the applicable regulatory requirement(s).

3. Actual and Potential Damages Suffered and Costs Incurred: As described in § 20-00-1.1.13 (C) 2 as a result of the violation.

4. Permit/Enforcement History: Whether the violator and/or property(ies) in violation have a CRMC permit history and further described in § 20-00-1.1.13 (C) 4.

5. Public Interest: As described in § 20-00-1.1.13 (C) 11 and further described as the impact on the public's use and enjoyment of the states coastal resources as a result of the violation.

6. Intentionality: As described in § 20-00-1.1.13 (C) 8, whether the violation was the result failure to comply was willful or knowing and not the result of error.

E. Ratings

None - Negligible: Either zero evidence or small enough evidence to be insignificant.

0-1 point.

Moderate: Enough evidence to be considered, but small enough to not pose a significant issue.

2-3 points.

High: Significant evidence of impact.

4-5 points.

F. Penalty Assessment Based on Point Total

5 - 9 points = $250 - $2,000

10 - 14 points = $2,000 - $4,000

15 - 19 points = $4,000 - $6,000

20 - 24 points = $6,000 - $8,000

25 - 30 points = $8,000 - $10,000

650 R.I. Code R. 650-RICR-10-00-1.4

Amended effective 2/16/2020
Amended effective 3/4/2021
Amended effective 7/5/2021
Amended effective 6/24/2024
Amended effective 11/24/2024