650 R.I. Code R. 650-RICR-20-00-1.2

Current through December 3, 2024

Section 650-RICR-20-00-1.2 - Areas Under Council Jurisdiction

1.2.1Tidal and Coastal Pond Waters

A. The six categories of waters defined in this Program are directly linked to the characteristics of the shoreline, since the activities on the adjacent mainland are the primary determinant of the uses and qualities of any specific water site. Thus, Type 1 waters abut shorelines in a natural undisturbed condition, where alterations, including the construction of docks and any dredging, are considered by the Council as unsuitable. Type 2 waters are adjacent to predominantly residential areas, where docks are acceptable, but more intense forms of development, including more marinas and new dredging projects (but not maintenance dredging), would change the area's character and alter the established balance among uses. Alterations such as these would bring more intensive uses and are therefore prohibited in Type 2 waters. The waters along some seventy percent (70%) of the state's four hundred twenty (420) miles of shoreline have been assigned to Type 1 and Type 2, and should be expected to retain their high scenic values and established patterns of low intensity use. Type 3 waters are dominated by commercial facilities that support recreational boating. Here, marinas, boatyards, and associated businesses take priority over other uses, and dredging and shoreline alterations are to be expected. Type 4 areas include the open waters of the Bay and the Sounds, where a balance must be maintained among fishing, recreational boating, and commercial traffic. Here high water quality and a healthy ecosystem are primary concerns. The last two water use categories are assigned to areas adjacent to ports and industrial waterfronts. In these waters, maintenance of adequate water depths is essential, high water quality is seldom achievable, and some filling may be desirable. Within Type 5 ports, a mix of commercial and recreational activities must coexist, while in Type 6 waters, water dependent industrial and commercial activities take precedence over all other activities. The water categories described in this Section are complemented by policies for shoreline types (§ 1.2.2 of this Part), and the two must be combined to identify the Program's policies for a specific coastal site.

B. Type 1 Conservation Areas

1. Included in this category are one or more of the following:

a. Water areas that are within or adjacent to the boundaries of designated wildlife refuges and conservation areas;

b. Water areas that have retained natural habitat or maintain scenic values of unique or unusual significance; and

c. Water areas that are particularly unsuitable for structures due to their exposure to severe wave action, flooding, and erosion.

2. Policies

a. The Council's goal is to preserve and protect Type 1 waters from activities and uses that have the potential to degrade scenic, wildlife, and plant habitat values, or which may adversely impact water quality or natural shoreline types.

b. The mooring of houseboats and floating businesses, the construction of recreational boating facilities, filling below mean high water, point discharge of substances other than properly treated runoff water (see § 1.3.1(F) of this Part), and the placement of industrial or commercial structures or operations (excluding fishing and aquaculture) are all prohibited in Type 1 waters.

c. In Type 1 waters, activities and alterations including dredging, dredged materials disposal, and grading and excavation on abutting shoreline features are all prohibited unless the primary purpose of the alteration or activity is to preserve or enhance the area as a natural habitat for native plants and wildlife or a beach renourishment/ replenishment project. Structural shoreline protection facilities shall not be permitted to preserve or enhance these areas as a natural habitat or to protect the shoreline feature.

d. Notwithstanding the Council's prohibition against construction of recreational boating facilities in Type 1 Waters, the Council recognizes that some residential boating facilities may have preexisted in Type 1 Waters prior to the formation of the Council. The Council's ultimate goal is to remove said structures and restore the areas involved to be free of all recreational boating facilities. Although recreational boating facilities are inconsistent with the Council's goals for Type 1 Waters, and in order to provide for the equitable transition and compliance with the Council's goals, preexisting residential boating facilities may be permitted under the limited terms and conditions set forth in § 1.3.1(D) of this Part.

e. Since runoff can be a major source of pollutants from developed areas, new or enlarged point discharges of untreated runoff shall be permitted in Type 1 waters only when it is demonstrated that no reasonable alternative exists and that no significant adverse impact to the receiving waters will result. The cumulative impacts of runoff are of particular concern in Type 1 waters.

f. Applicants for Council Assents for alterations or activities in or contiguous to Type 1 waters shall describe the measures taken to mitigate impacts on the scenic quality of the area (see § 1.3.5 of this Part).

g. Activities and alterations subject to Council jurisdiction contiguous to public parks, public beaches, public rights of way to the shore, and conservation areas abutting Type 1 waters shall not significantly interfere with public use and enjoyment of such facilities. Where significant interference is found, the Council shall suitably modify or prohibit that alteration or activity.

C. Type 2 Low Intensity Use

1. This category includes waters in areas with high scenic value that support low intensity recreational and residential uses. These waters include seasonal mooring areas where good water quality and fish and wildlife habitat are maintained.

2. Policies

a. The Council's goal is to maintain and, where possible, restore the high scenic value, water quality, and natural habitat values of these areas, while providing for low intensity uses that will not detract from these values.

b. New or deepened dredged channels and basins; new or deepened dredged channels and basins at existing marinas that result in an expansion greater than twenty-five percent (25%) of their capacity; new marinas and expansion of preexisting marinas in excess of twenty-five percent (25%) of their capacity; the mooring of houseboats and floating businesses; industrial and commercial structures and operations (excluding fishing and aquaculture); and filling are all prohibited in Type 2 waters.

c. The Council's intent for preexisting marina operations located in Type 2 Waters is to allow for their continued maintenance and viability as such operations. Maintenance dredging, dock reconfigurations, activities such as travel lift operations and other best available technologies, and other ancillary activities necessary to maintain the operational viability of the facility, should be expected to occur at preexisting marina operations in these waters. Structural shoreline protection facilities should not be prohibited. Such allowances will only be instituted at marina facilities with approved marina perimeters and will be reviewed in accordance with applicable standards of § 1.3.1(D) of this Part. In order to be eligible for this policy, applications for marina perimeters must be submitted to the CRMC by April 1, 1994. Current capacities of preexisting marinas, as found in CRMC approved special area management plans, and similar management plans, should be recognized and no attempt should be made to require these preexisting marinas to meet their capacities as of January 1981.

d. Residential boating facilities, public launching ramps, and structural shoreline protection facilities may be permitted in Type 2 waters, provided it can be demonstrated that there will be no significant adverse impact to coastal resources, water dependent uses or public's use and enjoyment of the shoreline and tidal waters of the State. It is the Council's policy that one or more of the following conditions describe a situation, condition, or proposal that is deemed to have a significant adverse effect on Rhode Island's coastal resources and therefore is grounds for denial or modification of an application for an Assent:

(1) The construction of the proposed facility may cause significant impacts on coastal wetlands and other public trust resources (e.g. shellfish, finfish, submerged aquatic vegetation, etc.);

(2) Access to the construction site is not available without causing significant impacts to Rhode Island's coastal resources (e.g. coastal wetlands);

(3) The proposed facility would significantly interfere with and/or impact other public trust uses of the tidal or inter-tidal areas of the shoreline (e.g. interfere with navigation); or

(4) Water depths adjacent to the site would require dock span lengths in excess of the standards contained in § 1.3.1(D) of this Part in order to allow normal and appropriate use of the dock by a vessel.

e. Applicants for Council Assents for alterations or activities in Type 2 waters shall describe the measures taken to mitigate impacts on the scenic quality of the area (see § 1.3.5 of this Part).

f. Since runoff can be a major source of pollutants from developed areas to poorly flushed estuaries, new or enlarged discharges shall be permitted into the following Type 2 waters only when it is demonstrated that no reasonable alternative exists and that no significant adverse impact to the receiving waters will result:

(1) Winnapaug Pond

(2) Quonochontaug Pond

(3) Ninigret Pond (Charlestown Pond)

(4) Green Hill Pond

(5) Potters Pond

(6) Point Judith Pond

(7) Nannaquaket Pond

(8) Palmer River

(9) Kickemuit River

(10) Fishing Cove (Wickford)

(11) Pettaquamscutt River

g. Activities and alterations subject to Council jurisdiction contiguous to public parks, public beaches, public rights-of-way to the shore and conservation areas abutting Type 2 waters shall not significantly interfere with public use and enjoyment of such facilities. Where significant interference is found, the Council shall suitably modify or deny that alteration or activity.

D. Type 3 High Intensity Boating

1. This category includes intensely utilized water areas where recreational boating activities dominate and where the adjacent shorelines are developed as marinas, boatyards, and associated water enhanced and water dependent businesses.

2. Areas suitable for marinas are severely limited, and the steady growth in the number of recreational boats is increasing the competition for the available facilities. Unfortunately, sheltered waters suitable for marinas are limited, and most of the remaining potential sites contain salt marshes that could only be developed at great environ-mental as well as high economic costs. Persons proposing new marinas are also hampered by local zoning and high land costs, and neighborhood opposition is frequently vociferous. The solution to growing demand is therefore to use the available facilities more efficiently and to recycle already altered sites in the upper Bay and on excessed Navy holdings, such as Allens Harbor in North Kingstown and along the Aquidneck west shore.

3. Type 3 waters and the adjacent shoreline, while utilized intensely for the needs of the recreational boating public, nevertheless retain numerous natural assets of special concern to the Council. These include coastal wetlands, and the value these areas provide as fish and shellfish spawning and juvenile rearing grounds. These factors must be weighed when the Council considers proposals that may impact these assets.

4. Policies

a. The Council's goal is to preserve, protect, and, where possible, enhance Type 3 areas for high intensity boating and the services that support this activity. Other activities and alterations will be permitted to the extent that they do not significantly interfere with recreational boating activities or values.

b. The highest priority uses of Type 3 waters and adjoining land areas within the Council jurisdiction are:

(1) Marinas, mooring areas, public launching ramps, and other facilities that support recreational boating and enhance public access to tidal waters; and

(2) Boatyards and other businesses that service recreational boaters.

c. The Council encourages marinas to seek innovative solutions to increased demands for moorings, dockage, and storage space, and allows marina operators to alter the layout of their facilities (see § 1.3.1(D) of this Part).

d. The Council shall encourage more and improved public launching facilities by protecting existing facilities from interference by other uses subject to Council jurisdiction, identifying appropriate sites for new ramps and parking areas, and working with other agencies to build new ramps and maintain existing facilities.

E. Type 4 Multipurpose Waters

1. This category includes:

a. Large expanses of open water in Narragansett Bay and the Sounds which support a variety of commercial and recreational activities while maintaining good value as a fish and wildlife habitat; and

b. Open waters adjacent to shorelines that could support water dependent commercial, industrial, and/or high intensity recreational activities.

2. Polices

a. The Council's goal is to maintain a balance among the diverse activities that must coexist in Type 4 waters. The changing characteristics of traditional activities and the development of new water dependent uses shall, where possible, be accommodated in keeping with the principle that the Council shall work to preserve and restore ecological systems.

b. The Council recognizes that large portions of Type 4 waters include important fishing grounds and fishery habitats, and shall protect such areas from alterations and activities that threaten the vitality of Rhode Island fisheries.

c. Aquaculture leases shall be considered if the Council is satisfied there will be no significant adverse impacts on the traditional fishery.

d. The Council shall work to promote the maintenance of good water quality within the Bay. While recognizing that stresses on water quality will always be present in urban areas such as the Providence River, the Council shall work to promote a diversification of activities within the upper Bay region through the water quality improvement process.

F. Type 5 commercial and recreational harbors

1. These waters are adjacent to waterfront areas that support a variety of tourist, recreational, and commercial activities. They include all or portions of the following harbor areas:

a. Newport Harbor

b. Bristol Harbor

c. Warren waterfront

d. Wickford Harbor

e. Old Harbor, Block Island

f. East Greenwich Harbor

g. Watch Hill Harbor

2. Policies

a. The Council's goals are to maintain a balance among diverse port related activities, including recreational boating, commercial fishing, restaurants, and other water enhanced businesses; to promote the efficient use of space; and to protect the scenic characteristics that make these areas valuable to tourism.

b. The highest priority uses of Type 5 waters and adjoining land areas within Council jurisdiction are:

(1) Berthing, mooring, and servicing of recreational craft, commercial fishing vessels, and ferries;

(2) Water dependent and water enhanced commerce, including businesses catering to tourists;

(3) Maintenance of navigational channels and berths, and removal of obstructions to navigation; and

(4) Activities that maintain or enhance water quality and scenic qualities, including the preservation of historic features.

(AA) The Council shall suitably modify or prohibit activities that significantly detract from or interfere with these priority uses.

c. Applicants for Council Assents for alterations or activities in Type 5 waters shall describe measures taken to mitigate impacts on the scenic quality of the area (see § 1.3.5 of this Part).

G. Type 6 industrial waterfronts and commercial navigation channels

1. These water areas are extensively altered in order to accommodate commercial and industrial water dependent and water enhanced activities. They include all or portions of the following areas:

a. Port of Providence

b. Tiverton shipping area

c. Quonset Point and Davisville

d. Coddington Cove

e. Melville

f. Galilee and Jerusalem

g. Westerly waterfront

2. Policies

a. The Council's goals for Type 6 waters and adjacent lands under Council jurisdiction are to encourage and support modernization and increased commercial activity related to shipping and commercial fisheries.

b. Highest priority uses of Type 6 waters and adjacent lands under Council jurisdiction are:

(1) Berthing, loading and unloading, and servicing of commercial vessels;

(2) Construction and maintenance of port facilities, navigation channels, and berths; and

(3) Construction and maintenance of facilities required for the support of commercial shipping and fishing activities.

(AA) The Council shall prohibit activities that substantially detract from or interfere with these priority uses.

c. The Council will encourage and support port development and modernization and increased economic activity in the marine industries by participating wherever possible in the joint long range planning and development activities with other state and local agencies, including the R.I. Port Authority, the Department of Environmental Management, and coastal cities and towns.

d. Through its Special Area Management Plan for Providence Harbor, and other planning initiatives, the Council will identify and designate acceptable disposal solutions and sites adequate to meet the need for dredging, and provide the assurances required by industry that channel depths will be maintained, while minimizing environmental effects. The solutions may be more costly than older disposal practices, and may involve innovative technology. The Council will also work in cooperation with the Cities of Providence and East Providence and the Corps of Engineers toward achieving the removal of dilapidated piers and abandoned barges, which presently preclude economic use of large areas within Providence Harbor.

1.2.2Shoreline Features

A. Coastal Beaches

1. Policies

a. The Council's goals are:

(1) To preserve the qualities of, and public access to those beaches which are an important recreational resource (adjacent to Type 1 and 2 waters);

(2) To prevent activities that will significantly disrupt longshore and/or onshore offshore beach processes, thereby creating an erosion or flooding hazard; and,

(3) To prevent construction in high hazard areas; and

(4) To protect the scenic and ecologic value of beaches.

b. Alterations to beaches adjacent to Type 1 and Type 2 waters are prohibited except where the primary purpose of the project is to preserve or enhance the area as a natural habitat for native plants and wildlife. In no case shall structural shoreline protection facilities be used to preserve or enhance these areas as a natural habitat or to protect the shoreline feature.

c. Alterations to beaches adjacent to Type 3, 4, 5, and 6 waters may be permitted if:

(1) The alteration is undertaken to accommodate a designated priority use for the abutting water area;

(2) The applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable;

(3) Only the minimum alteration necessary to support the designated priority use is made;

(4) There is no change in the usage of the property;

(5) There is no change in the footprint of existing structures; and

(6) The construction will meet all current and applicable policies, standards, and requirements of the RICRMP.

d. Vehicular use of beaches where not otherwise prohibited or restricted by property owners or by private or public management programs is permitted only under the following conditions:

(1) Motorcycles, minibikes, snowmobiles, all terrain motorized cycles and tricycles are prohibited except for authorized management related vehicles.

(2) A Coastal Resources Management Council annually renewable use permit is required for all vehicles. Such permits may be obtained for a fee subject to the following requirements and conditions of §§ 1.2.1(B)(2)(d)(3) through (12) of this Part. In the event these requirements and conditions are not met, the use permit shall be subject to revocation by the Council or its agents.

(3) Vehicles shall have all documentation and registration necessary for operation on the public highways of this state.

(4) All permit applicants shall exhibit proof of current liability insurance coverage.

(5) All persons operating said vehicles shall have valid operator licenses.

(6) Maximum speed on all beaches shall not exceed ten (10) mph. Maximum speed on beaches shall not exceed five (5) mph when approaching pedestrians.

(7) Ruts or holes caused by vehicles shall be filled and debris removed.

(8) Headlights shall be used by all vehicles while in motion between sunset and sunrise.

(9) Riding on or driving from any position outside the vehicles is prohibited.

(10) Vehicles are prohibited on swimming beaches during the period they are protected by lifeguards and in operation.

(11) Vehicles shall be at all times subject to town ordinances and all regulations restricting the use of private, state and federal properties.

(12) Vehicles are prohibited from entering areas which have been closed through signage and/or roped-off for the protection of beach nesting bird species including Federally-protected Piping Plover and State listed Least Tern. Such closures may occur on a temporary basis from April through August and are established on an as-needed basis by the US Fish and Wildlife Service based on nesting activity in the area. Information regarding such closures may be obtained by calling the US Fish and Wildlife Service at (401) 364-9124 or the CRMC at (401) 783-3370. Vehicles are also prohibited from entering areas closed though signage and/or roped-off to promote dune restoration, invasive species control and dune or beach re-vegetation efforts.

(13) The Council requires, for the operator's safety and benefit, that every vehicle operated on a beach be four-wheel (4x4) drive and carry the following equipment in good working order listed in §§ 1.2.1(B)(2)(d)((14)) through ((23)) of this Part:

(14) Shovel (heavy duty or military entrenching tool);

(15) Tow rope or chain (15 feet, load strength of 1,800 lbs., chain size 5/16");

(16) Jack and support stand (minimum 18" x 18" x 5/8", plywood);

(17) Street legal tires (4 ply tread, 2 ply sidewalls) snow or mud tires are not recommended;

(18) Spare tire;

(19) Low pressure tire gauge (0 20 lbs.);

(20) First aid kit;

(21) Fire extinguisher;

(22) Appropriate emergency signal devices and/or two-way radio; and

(23) Flashlight.

2. Prohibitions

a. The construction of new structures other than access ways, walkover structures, and beach facilities, are prohibited in setback areas.

b. The use of plastic snow fencing is prohibited due to the hazards presented to fish, marine mammals, and other wildlife in the aftermath of a storm event.

c. Alterations to beaches adjacent to Type 1 and Type 2 waters are prohibited except where the primary purpose of the project is to preserve or enhance the area as a natural habitat for native plants and wildlife.

B. Barrier Islands and Spits

1. Policies

a. On barriers classified as undeveloped in Table 5 in § 1.2.2(B)(3) of this Part, the Council's goal is to preserve, protect, and where possible, restore these features as conservation areas and as buffers that protect salt ponds and the mainland from storms and hurricanes.

b. On barriers classified as developed in Table 5 in § 1.2.2(B)(3) of this Part, the Council's goal is to ensure that the risks of storm damage and erosion for the people inhabiting these features are minimized, that activities that may reduce the effectiveness of the barrier as a storm buffer are avoided, and that associated wetlands and ponds are protected.

c. On Barriers classified as Moderately developed in Table 5 in § 1.2.2(B)(3) of this Part, the following policies shall apply:

(1) New development is prohibited on Moderately Developed Barriers except where the primary purpose of the project is restoration, protection or improvement of the feature as a natural habitat for plants and wildlife or as allowed under § 1.2.2(B)(1)(c) of this Part;

(2) Existing roads, bridges, utilities and shoreline protection facilities may be maintained only, in accordance with the requirements of § 1.3.1(N) of this Part;

(3) Existing recreational structures may be altered, rehabilitated, expanded or developed according to the following standards:

(AA) Any expansion of or development activities associated with existing recreational structures shall not occur within or extend into any flood zone designated as V on the most current FEMA Flood Insurance Rate Maps, or as established by the Federal Emergency Management Agency;

(BB) All activity shall be confined to the existing footprint of disturbance; for the purposes of this Section, the footprint of disturbance shall be defined as that area encompassed by the perimeter of the structural foundation and/or areas determined by the CRMC to be substantially altered due to associated structures, excluding dunes, wetlands and areas encompassed within pertinent setback and buffer zone requirements of this program;

(CC) Any proposed expansion of existing recreational structures shall be limited to an area equal to twenty-five percent (25%) of the square footage of the ground floor area encompassed by the structural foundation of the existing building as of June 23, 1983; associated structures shall not be used in calculating existing area;

(DD) The activity shall meet or exceed all relevant standards for the appropriate flood zone designation; and

(EE) All activities shall be subject to relevant setback and buffer zone requirements of this program, including accessory structures such as decks, porches, walls, boardwalks, swimming pools, roads, driveways, parking lots and other structures integral to or ancillary to the existing recreational structure.

d. Alterations to undeveloped barriers are prohibited except where the primary purpose of the project is protection, maintenance, restoration or improvement of the feature as a natural habitat for native plants and wildlife. In no case shall structural shoreline protection facilities be used to preserve or enhance these areas as a natural habitat or to protect the shoreline feature.

e. The Council recognizes the highly dynamic nature of barriers and that storms may cause sudden and significant changes to the geomorphic form of these coastal features. Accordingly, large scale public infrastructure improvements and dense development is inappropriate. Therefore, except as provided for herein, the construction or expansion of new infrastructure or utilities shall be prohibited on all barriers including water, gas and sewer lines. It is not the intention of these policies to apply to individual, on-site water supply systems or individual sewage disposal systems, or gas lines. The use of plastic snow-fencing on all barriers is prohibited.

f. It is the Council's policy to assure that all construction permitted on developed barriers is undertaken to provide for the greatest physical security of the inhabitants of the barrier and adjoining mainland and to maintain, to as great an extent as possible, the qualities of the adjacent coastal pond and wetlands. (See detailed regulations for construction on dunes and beaches in § 1.2.2(B) of this Part, flood hazard areas in § 1.3.1(C) of this Part, and other applicable policies and standards in the Coastal Resources Management Program and special area management plans). The construction of new buildings is prohibited on developed barriers on which only roads, utility lines, and other forms of public infrastructure were present as of 1985.

g. With the exception of boardwalks and snow fencing utilized to trap sand, all residential and non-water dependent recreational, commercial, and industrial structures on undeveloped barriers physically destroyed fifty percent (50%) or more by storm induced flooding, wave or wind damage may not be reconstructed regardless of the insurance coverage carried.

h. Persons utilizing undeveloped beaches are required to observe the following rules:

(1) Destruction or removal of signs, snow fencing, or other sand stabilizing devices is prohibited; camping is prohibited unless in vehicles equipped with a self-contained toilet.

(2) Vehicles are permitted only on marked roads or trails and on the beach. Vehicles that drive on the beach and designated unstabilized trails on undeveloped barriers shall abide by the policies found in § 1.2.2(B) of this Part.

(3) Persons shall be at all times subject to applicable town ordinances and regulations restricting the use of private, state, or federal properties.

i. Existing recreational structures, such as beach pavilions, located on undeveloped and moderately-developed barriers that enhance the public's access to the water and generate tourism revenue for the State of Rhode Island may be permitted to be re-established in the event that they are physically destroyed fifty percent (50%) or more as a result of storm induced flooding, wave, or wind damage, provided that:

(1) Applicable policies and standards of the RICRMP are met; and,

(2) Public access to the shore is enhanced.

(3) Where possible, the reconstruction of these structures shall be behind the foredune zone as defined in § 1.2.2(B) of this Part. Any reconstruction of these facilities shall be limited to the square footage of the ground floor area encompassed by the structural foundation of the existing (associated structures shall not be used to calculate this area).

j. All policies contained in § 1.2.2(B) of this Part regarding beach vehicle use on coastal beaches shall apply to beach vehicle use on barrier islands and spits.

k. The CRMC does not require annual beach vehicle permits on the barrier spits of Seapowet Marsh and Point Fishing Area and Fogland Beach; both in Tiverton. Both spits are composed primarily of beach cobble and are excluded from an annual beach vehicle permit requirement.

2. Prohibitions

a. The use of plastic snow-fencing is prohibited on all barriers due to the hazards presented to fish, marine mammals, and other wildlife in the aftermath of a storm event.

b. Vehicle access across a back barrier flat to access the salt ponds is prohibited. Access to the ponds shall be on foot only.

c. Vehicles are prohibited in vegetated areas anywhere on the barriers.

d. Alterations to undeveloped barriers are prohibited except where the primary purpose of the project is protection, maintenance, restoration or improvement of the feature as a natural habitat for native plants and wildlife. In no case shall structural shoreline protection facilities be used to preserve or enhance these areas as a natural habitat or to protect the shoreline feature.

e. The construction of new infrastructure or utilities or expansion of existing infrastructure or utilities shall be prohibited on all barriers. Such infrastructure or utilities shall include but not be limited to public or private water, electric, gas and sewer lines. This prohibition does not apply to individual, on-site water supply systems and onsite wastewater treatment systems, or onsite bottled gas supply. Additionally, this prohibition does not apply to such ancillary activities as the installation of cable and/or telephone lines that will service an existing individual structure.

f. New development is prohibited on moderately developed barriers except where the primary purpose of the project is restoration, protection, or improvement of the feature as a natural habitat for plants and wildlife or as allowed under § 1.2.2(D) of this Part. In no case shall structural shoreline protection facilities be used to preserve or enhance these areas as a natural habitat or to protect the shoreline feature.

g. The construction of new buildings is prohibited on developed barriers on which only roads, utility lines, and other forms of public infrastructure were present as of 1985.

h. All residential construction shall be setback a minimum of fifty (50) feet. Residential construction is prohibited in the setback zone. A special exception shall be required for relief from the fifty (50) foot setback requirement on barriers unless the activity proposed is a beach facility or walkover structure in which case a variance from the setback provisions shall be required. A variance shall be required for relief from the setback requirement on barriers for the area that lies between the fifty (50) foot minimum setback and any greater setback based on the annual erosion rate. No new onsite wastewater treatment systems shall be constructed within the fifty (50) foot setback area. Walkover structures may be permitted over the dunes in order to gain access to the beach.

i. The prohibition for new infrastructure or expansion of existing infrastructure on all barriers does not apply to infrastructure which is intended to service the needs of the state such as transportation related projects, including stormwater drainage improvement projects, or transmission corridors or other infrastructure intended to meet a demonstrated state need that provides public benefit.

3. Table 5: Undeveloped, Moderately Developed, and Developed Barriers

Undeveloped Barriers

Sandy Point Island, Westerly, 1

Napatree Beach, Westerly, 1 (west of Watch Hill Beach Club)

Maschaug Beach, Westerly, 1

Quonochontaug Beach, Westerly/Charlestown, 1 (west of Breachway), 1

East Pond Beach, Charlestown East Beach (Ninigret conservation area to Charlestown Breachway), 1

Green Hill Beach, South Kingstown, 1 (central portion)

Moonstone Beach, South Kingstown Browning Beach, South Kingstown, 1

Long Pond Beach, Little Compton, 1

Round Pond Beach, Little Compton, 1

Briggs Beach, Little Compton, 1

Ship Pond Cove, Little Compton

Round Meadow Pond, Little Compton

Quicksand Pond Beach, Little Compton, 1

High Hill Marsh Barrier, Little Compton, 1 (eastern portion)

Sandy Point/West Beach, New Shoreham, 1

Casey Point, North Kingstown, 1

Greene Point, North Kingstown, 1

Bissel Cove Barrier, North Kingstown

Tibbit's Creek, North Kingstown

Baker's Creek, Warwick

Buttonwood Cove, Warwick

Gaspee Point, Warwick

Conimicut Point, Warwick

Nayatt Point Beach, Barrington

Mussachuk Creek, Barrington

Rumstick Point, Barrington

Hog Island, Portsmouth, 1 (2 separate areas)

Musselbed shoals, Portsmouth

Nag Pond/Jenny Pond, Portsmouth, 1

Gull Point, Portsmouth

Sheep Pen Cove, Portsmouth

McCurry Point, Portsmouth

Fogland Point, Tiverton, 1

Sapowet Point, Tiverton

Fox Hill Pond, Jamestown

Moderately Developed Barriers

Napatree Beach, Westerly (easterly portion)

Michel Pond Beach, Charlestown

Garden Pond Beach, Charlestown

Charlestown Beach, Charlestown (east of breachway to developed portion)

Narragansett Beach, Narragansett

Bonnet Shores Beach, Narragansett

Mackerel Cove Beach, Jamestown

Hazards Beach, Newport

Bailey's Beach, Newport

First (Easton's) Beach, Newport (western portion)

Crescent Beach, New Shoreham, 1

Second Beach, Middletown

Third Beach, Middletown

Tunipus Pond Beach, Little Compton

Watch House Pond Beach, Little Compton, 1

Sakonnet Harbor Beach, Little Compton, 1 (eastern portion)

Developed Barriers

Atlantic Beach, Westerly

Quonochontaug Beach, Charlestown (east of breachway)

East Beach, Charlestown (west of Ninigret conservation area)

Charlestown Beach, Charlestown

Green Hill Beach, South Kingstown (westerly and easterly portions only)

East Matunuck/Jerusalem Beach, South Kingstown and Narragansett

Roger Wheeler Beach (Sand Hill Cove), Narragansett

Bonnet Shores Beach, Narragansett (easterly portion)

First (Easton's) Beach, Middletown (easterly portion)

Crescent Beach, New Shoreham (southerly portion)

Coast Guard Beach, New Shoreham

High Hill Marsh Barrier, Tiverton (western portion)

1 - Denotes those barriers or portions thereof where the Coastal Barrier Resources Act of 1982 (CBRA) prohibits federal subsidies for most new development and federal flood insurance for all new development. For the most up-to-date maps showing CBRA designations see US Fish & Wildlife Service website https://www.fws.gov/ecological-services/habitat-conservation/cbra/maps/mapper.html.

* Note: This list denotes most of the major barriers in Rhode Island. However, there may be some small barrier systems not contained on this list, but are subject to the policies characterized by the barrier's level of development.

C. Coastal Wetlands

1. Policies

a. The Council's goal is to preserve and, where possible, restore all coastal wetlands. All contiguous freshwater wetlands are protected under this Program, regardless of their size.

b. To offset past losses in coastal wetlands and unavoidable alterations to surviving coastal wetlands:

(1) Disturbed wetlands should be restored as directed by the Council or enhanced when possible; and

(2) In areas selected on the basis of competent ecological study, the Council will encourage the building of new wetlands.

c. The Council's policy is that all alterations to salt marshes and contiguous freshwater or brackish wetlands abutting Type 1 waters are prohibited except for minimal alterations required by the repair of an approved structural shoreline protection facility (see § 1.3.1(G) of this Part), or when associated with a Council-approved restoration activity. In Type 1 waters, structural shoreline protection may be permitted only when used for Council-approved coastal habitat restoration projects.

d. It is the Council's policy that alterations to salt marshes and contiguous freshwater or brackish wetlands abutting Type 2 waters are prohibited except for minor disturbances associated with:

(1) Residential docks and wetland walkover structures approved pursuant to the standards set forth in §§ 1.3.1(D) and 1.3.1(Q) of this Part, respectively;

(2) Approved repair of structural shoreline protection facilities pursuant to § 1.3.1(N) of this Part; or,

(3) Council-approved restoration activities.

e. Coastal wetlands designated for preservation adjacent to Type 3, 4, 5, and 6 waters are identified on maps available for inspection at the Council's offices and on the CRMC website at: http://www.crmc.ri.gov/maps.html. In these designated wetlands only the following alterations may be permitted: minor disturbances associated with:

(1) Residential docks and wetland walkover structures approved pursuant to the standards set forth in §§ 1.3.1(D) and 1.3.1(Q) of this Part, respectively;

(2) Approved repair of structural shoreline protection facilities pursuant to § 1.3.1(N) of this Part;

(3) Council-approved restoration activities; or

(4) Council-approved limited view restoration projects for existing hospitality industry businesses.

(AA) Approval of limited view restoration projects requires a public access plan consistent with § 1.3.6 of this Part subject to CRMC approval and requires that wetlands and other shoreline natural resource areas be placed in a conservation easement at a ratio of 5:1 (e.g., 5 times the area to be restored for a view must be preserved). The area to be restored for a view shall also be included in the conservation easement along with a long-term management plan for the view restoration area. All view restoration projects must demonstrate through aerial photographic evidence that a view which supported an existing hospitality industry business has been lost over time by the growth of forested wetland vegetation. Limited view restoration projects are prohibited bordering Type 1 and 2 waters and for all existing and proposed residential projects bordering all water types. Dredging and filling in these designated coastal wetlands are prohibited. The maps of designated coastal wetlands serve to identify individual wetlands; in all cases precise boundaries shall be determined through a field inspection when proposals that could impact these features are being considered. In support of this goal, the Council supports a policy of "no net loss" of coastal wetland acreage and functions as a result of coastal development.

f. Salt marshes adjacent to Type 3, 4, 5, and 6 waters that are not designated for preservation may be altered if:

(1) The alteration is made to accommodate a designated priority use for that water area;

(2) The applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable; and

(3) Only the minimum alteration necessary to support the priority use is made.

g. Any alteration of coastal wetlands shall be consistent with § 1.3.1(L) of this Part.

h. It is the Council's goal to provide for maximum coastal buffer zone widths for projects abutting coastal wetlands that are adjacent to Type 1 and 2 waters and for coastal wetlands designated for preservation adjacent to Type 3, 4, 5, and 6 waters. In those cases where the Council may grant a variance on small lots the minimum coastal buffer zone width should be no less than twenty-five (25) feet.

i. It is the Council's goal to provide maximum coastal buffer zone widths for projects abutting coastal wetlands that are likely, based on site conditions and best available information, to migrate landward with sea level rise. These coastal wetlands do not abut seawalls, bulkheads or other structural shoreline protection facilities or elevated landforms such as bluffs, cliffs, or rocky shorelines, among others. These unobstructed coastal wetlands will migrate landward as sea level rises and coastal buffer zones provide protected upland areas that may transition to coastal wetlands in the future.

j. The Council adopts the Sea Level Affecting Marshes Model (SLAMM) maps for all twenty-one (21) Rhode Island coastal communities for coastal wetland restoration and adaptation planning purposes. The use of the SLAMM maps is intended to inform the public, state and local authorities of the likely condition of coastal wetlands and their landward extent under future sea level rise scenarios and to assist in adaptive ecosystem management and planning. The Council's SLAMM maps are hereby incorporated in § 1.8 of this Part and are available on the CRMC web site at: www.crmc.ri.gov.

2. Prohibitions

a. Alterations to salt marshes and contiguous freshwater or brackish wetlands abutting Type 1 waters are prohibited except for minimal alterations required by the repair of an approved structural shoreline protection facility, or when associated with a Council-approved restoration activity. In Type 1 waters, structural shoreline protection may be permitted only when used for Council-approved coastal habitat restoration projects.

b. Alterations to salt marshes and contiguous freshwater or brackish wetlands abutting Type 2 waters are prohibited except as may be permitted in § 1.2.2(C)(1)(d) of this Part.

c. Alterations to coastal wetlands designated for preservation adjacent to Type 3, 4, 5, and 6 are prohibited except for the activities listed in § 1.2.2(C)(1)(e) of this Part. Dredging and filling in these designated coastal wetlands are prohibited.

d. Limited view restoration projects are prohibited bordering Type 1 and 2 waters and for all existing and proposed residential projects bordering all water types

e. Any limited view restoration project which does not strictly adhere to the Council's policies and standards as stated in §§ 1.2.2(C)(1) and (3) of this Part are prohibited. Should the hospitality use be discontinued the subject property will no longer qualify for this provision and the limited view restoration Assent will become null and void.

3. Standards

a. Limited View Restoration:

(1) A public access plan shall be provided consistent with § 1.3.6 of this Part.

(2) Wetlands and other shoreline natural resources areas shall be placed in a conservation easement at a ratio of 5:1 (e.g., 5 times the area to be restored for a view must be preserved within the conservation easement). The area to be preserved for a view shall also be included in the conservation easement along with a long-term management plan for the view restoration area. The management plan shall be designed to manage the view restoration area as a shrub swamp.

(3) All view restoration projects must demonstrate through aerial photographic evidence that a view which supported an existing hospitality industry business has been lost over time by the growth of forested wetland vegetation, as of the effective date of this Part.

D. Coastal Headlands, Bluffs, and Cliffs

1. Policies

a. Exposed bluffs of unconsolidated material, such as those along the Matunuck headland in South Kingstown, have been known to recede by as much as thirty (30) feet in a single severe hurricane. Portions of the Mohegan Bluffs on Block Island have eroded similar distances by undercutting of the toe resulting in bluff collapse in less severe storms. Human activities can greatly increase the susceptibility of headland bluffs to erosion. Structures close to the face of a bluff can make the feature unstable, and concentrated runoff and de-vegetation can cause a marked acceleration of erosion. Factors that affect the ability of a cliff or bluff to withstand erosion include its composition (rock or soil type), slope, stratigraphy, height, exposure, vegetative cover, and the amount of human disturbance to which it is subjected. Since headland bluffs are composed of unconsolidated glacial sediment, they are more susceptible to erosion than headland cliffs composed of bedrock. Eroding bluffs can be important sources of sediment to nearby beaches. The bluffs of Watch Hill headland in Westerly, for example, were probably an important source of sand to the South Shore barrier and headland beaches. Extensive reveting of this headland certainly had a detrimental effect on these apparently distant and unconnected beaches. Thus, it is the Council's policy to manage these systems as valuable sources of sediment for Rhode Island beaches.

b. The Council's goals are to:

(1) Protect coastal cliffs and bluffs from activities and alterations that may damage the value of these features as sources of sediment to beaches and as a buffer against storm waves and flooding;

(2) Prevent any construction in contiguous areas that may weaken the feature and has the potential of creating a hazard; and

(3) Preserve the scenic and ecological values of these features.

c. Due to their well-recognized scenic value and their use as tourist attractions and low intensity recreation areas, the Council designates the following coastal cliffs and bluffs as Coastal Natural Areas: Bonnet Point, Hazard Rocks, Fort Wetherill, Ocean Drive, the Brenton Cove Cliffs, Cliff Walk, Purgatory Chasm, Sakonnet Point, and Mohegan Bluffs. A Council priority when considering proposed alterations on or adjacent to these features is the preservation and, where possible, the restoration of their scenic qualities.

d. On shorelines adjacent to Type 1 waters, the Council shall prohibit construction on or alteration of coastal cliffs and bluffs and contiguous areas where such construction or alteration has a reasonable probability of causing or accelerating erosion or degrading a generally recognized scenic vista. The Council shall require suitable unaltered buffer zones on cliffs and bluffs where erosion or substrate stability can be affected by facility construction or use.

e. In determining whether a reasonable probability exists that increased erosion or loss of scenic values will result from the proposed construction or alteration, the Council shall consider the following:

(1) The exposure of the feature to the erosional forces of tidal currents, storm waves and storm-surge flooding, wind and surface runoff, and other such natural processes;

(2) The composition of the feature involved as well as its slope, stratigraphy, height, exposure, and vegetative cover;

(3) Existing types and levels of use and alteration;

(4) Competent geological evidence to evaluate whether natural erosion of the feature in question is a significant source of sediments to nearby headland and barrier beaches and whether the proposed construction of alteration will substantially reduce that source of sediment; and

(5) Inclusion of the feature on an accepted inventory of significant scenic or natural areas or evidence of public use and enjoyment as a scenic or natural area.

f. The Council shall encourage the use of nonstructural methods to diminish frontal erosion associated with coastal cliffs and bluffs adjacent to Type 1 and Type 2 waters.

g. Construction or alterations to coastal cliff and bluffs contiguous to Type 2, 3, 4, 5 and 6 waters may be permitted if:

(1) The construction is undertaken to accommodate a designated priority use for the abutting water area;

(2) The applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable; and

(3) Only the minimum alteration necessary to support the designated priority use is made.

h. In considering applications for permits for erosion control measures, the Council shall weigh the impact of the proposed structure on the supply of sediments to nearby beaches. Where the Council finds that a substantial reduction or elimination of sediment is likely to result, and that natural erosional processes affecting the nearby beach will thereby be accelerated, it shall deny an application for Assent.

E. Rocky Shores

1. Policies

a. The Council's goal is to preserve and protect these features for their role in erosion prevention, for the unique assemblages of organisms that they may support, and for their recreation and scenic value.

b. The alteration of rocky shores abutting Type 1 water areas, excepting approved projects for shoreline protection, is prohibited.

c. On shorelines adjacent to Type 1 and 2 waters, the Council shall prohibit construction on or alteration of rocky shores and contiguous areas where such construction or alteration has a reasonable probability of causing or accelerating erosion or degrading a generally recognized scenic vista. In determining whether a reasonable probability exists that increased erosion or loss of scenic value will result from the proposed construction or alteration, the Council shall consider the following:

(1) The exposure of the feature to the erosional forces of tidal currents, storm waves and flooding, wind and surface runoff, and other such natural processes;

(2) The composition of the feature involved and any significant plant or animal communities present;

(3) Existing types and levels of use and alteration; and

(4) Inclusion of the feature on an accepted inventory of significant scenic or natural areas or evidence of general public use and enjoyment as a scenic or natural area.

d. The construction of alterations to rocky shores adjacent to Type 3, 4, 5, and 6 waters may be permitted if:

(1) The construction is undertaken to accommodate a designated priority use for the abutting water area;

(2) The applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable; and

(3) Only the minimum alteration necessary to support the designated priority use is made.

F. Manmade Shorelines

1. Policies

a. Manmade shorelines usually have a major impact on the appearance of the shore, interfere with public access to and along the coast, prevent migration of coastal habitats and may alter erosion accretion processes on neighboring beaches.

b. The Council's goals are:

(1) To encourage the maintenance of structures that effectively mitigate erosion and/or sustain landforms adjacent to the water; and

(2) Prevent the accumulation of debris along the shore where such structures are ineffective or no longer in active use.

c. The Council encourages proper maintenance of existing shoreline protection structures (see § 1.3.1(G) of this Part).

d. The Council shall endeavor to determine the ownership of abandoned and deteriorating shoreline protection structures and shall encourage the owners of such structures to restore or remove them. The Council may order restoration or removal where it finds that the structure poses a hazard to navigation, interferes with the public's right of access to and along the shore, causes flooding or wave damage to abutting properties, or degrades the scenic qualities of the area.

e. The presence of isolated seawalls, bulkheads, and other similar structures does not constitute a manmade shoreline, as the term is used in this Program

G. Dunes

1. Policies

a. The foredune zone, like beaches, is a dynamic feature. While beaches are shaped by the forces of waves, the foredune is created and shaped primarily by the wind. The foredune zone dissipates energy from waves and storm-surge overwash. This results in a decreased wave run-up and lowered levels of overwash water. Thus the foredune zone serves as buffer to help minimize property loss. As reservoirs of sand, the foredune zone provides some sediment to severely eroding beaches. The height and stability of foredunes is enhanced by the growth of beach grass which traps and anchors windblown sand. Although resistant to salt air and desiccation, beach grass is easily killed by human foot traffic. The shape or form of the foredune zone is of paramount importance. The seaward-facing slope of the foredune (termed the dune ramp) naturally forms at the same gradient as the seaward slope of the berm (usually 5-10 degrees). This low-gradient surface serves to dissipate and absorb wave energy. Higher-gradient slopes on human-altered foredunes often do not absorb the wave energy; the non-absorbed waves erode the foredune and are reflected seaward, transporting sand offshore.

b. For management purposes the seaward limit of the foredune zone is defined as:

(1) The furthest seaward point where a noticeable sustained increase in topographic slope begins, or

(2) The furthest seaward extent of rooted vegetation in the immediate area, or

(3) Fifteen (15) feet seaward of the dune crest, whichever is further seaward. The inland edge of the foredune zone is defined as twenty-five feet (25) landward of the dune crest. It is from the inland edge of the foredune zone that all setbacks and coastal buffer zones are applied.

c. The Council's goals are to:

(1) Protect the foredune zone from activities that have a potential to increase wind or wave erosion;

(2) To prevent construction in high hazard areas and protect the public from dangerous storm forces;

(3) To enhance the ability of dunes to serve as a natural storm buffer; and,

(4) To protect the scenic and ecologic value of the foredune zone and dunes.

d. In order to protect the ecological and geological integrity of the foredune zone and enhance its ability to serve as a buffer during moderate and severe storm events all residential construction shall be setback not less than thirty (30) times the annual erosion rate and commercial construction shall be setback not less than sixty (60) times the annual erosion rate. In no case shall the dune setbacks be less than fifty (50) feet. All dune setbacks shall be measured from the landward edge of the foredune zone defined to be twenty-five (25) feet landward of the dune crest. A special exception shall be required for relief from the fifty (50) foot setback requirements from dunes and beaches on barriers unless the activity proposed is a beach facility or walkover structure in which case a variance from the dune setback provisions shall be required. A variance shall be required for relief from the setback requirements from dunes and beaches on barriers for the area that lies between the fifty (50) foot minimum setback and any greater setback based on the annual erosion rate. Onsite wastewater treatment systems (OWTS) have the potential to become buoyant or be damaged during a severe storm event causing raw sewage to spill onto the beach. Therefore, no new OWTS shall be constructed within the fifty (50) foot setback area from the dune or beaches or seaward of construction lines (see § 1.3.1(F) of this Part for definition of new OWTS). Walkover structures may be permitted over the dunes in order to gain access to the beach.

e. Alteration of the foredune zone adjacent to Type 1 and 2 waters is prohibited except where the primary purpose of the project is non-structural protection, restoration, nourishment, or improvement of the feature as a natural habitat for native plants and wildlife. In no case shall structural shoreline protection facilities be used to preserve or enhance these areas as a natural habitat or to protect the shoreline feature. The Council may also permit the establishment of access ways (e.g., dune walkover structures) on foredunes provided that all requirements of this Section are met.

f. Alteration of the foredune adjacent to Type 3, 4, 5, and 6 waters may be permitted if:

(1) The alteration is undertaken to accommodate a designated priority use for the abutting water area;

(2) The applicant has examined all reasonable alternatives and the Council has determined that the selected alternative is the most reasonable;

(3) Only the minimum alteration necessary to support the designated priority use is made;

(4) There is no change in the usage of the property;

(5) There is no change in the footprint of existing structures; and,

(6) The construction will meet all current and applicable policies, standards, and requirements of the RICRMP.

g. The construction of dune walkover structures may be permitted in order to limit pedestrian traffic and disturbance of the foredune zone. The width of dune walkover structures shall be limited to four (4) feet. In some instances, walkover structures may include small decks and viewing platforms provided that the square footage of the viewing platforms will be limited to one hundred (100) square feet.

2. Prohibitions

a. Vehicles are prohibited on dunes and within seventy-five (75) feet of the dune crest except on trails marked expressly for vehicular use. Prohibited areas may or may not be vegetated.

b. Alteration of the foredune zone adjacent to Type 1 and 2 waters is prohibited except where the primary purpose of the project is non-structural protection, restoration, nourishment, or improvement of the feature as a natural habitat for native plants and wildlife. In no case shall structural shoreline protection facilities be used to preserve or enhance these areas as a natural habitat or to protect the shoreline feature.

c. No new Individual Sewage Disposal Systems shall be constructed within the fifty (50) foot setback area from the dune or beaches or seaward of construction lines (see § 1.3.1(F) of this Part for definition of new ISDS).

1.2.3Areas of Historic and Archaeological Significance

A. Policies

1. The Council's goal is to, where possible, preserve and protect significant historic and archaeological properties in the coastal zone.

2. Preservation of significant historic and archaeological properties is a high priority use of the coastal region. Activities which damage or destroy important properties shall be considered a low priority.

3. The Council shall require modification of, or shall prohibit proposed actions subject to its jurisdiction where it finds a reasonable probability of adverse impacts on properties listed in the National Register of Historic Places. Adverse impacts are those which can reasonably be expected to diminish or destroy those qualities of the property which make it eligible for the National Register of Historic Places. The Council shall solicit the recommendations of the RI Historical Preservation and Heritage Commission regarding impacts on such properties.

4. Prior to permitting actions subject to its jurisdiction on or adjacent to properties eligible for inclusion (but not actually listed in the National Register of Historic Places), and/or areas designated as historically or archaeologically sensitive by the RI Historical Preservation and Heritage Commission as the result of their predictive model, the Council shall solicit the recommendations of the Commission regarding possible adverse impacts on these properties. The Council may, based on the Commission's recommendations and other evidence before it, including other priority uses of this Program, require modification of or may prohibit the proposed action where such adverse impacts are likely.

5. Structural shoreline protection facilities may be permitted in Type 1 Waters provided that the structure is necessary to protect a structure which is currently listed in the National Register of Historic Places.

650 R.I. Code R. 650-RICR-20-00-1.2

Amended effective 12/16/2018
Amended effective 5/13/2020
Amended effective 11/24/2024