650 R.I. Code R. 650-RICR-20-00-1.3

Current through December 3, 2024

Section 650-RICR-20-00-1.3 - Activities Under Council Jurisdiction

1.3.1In Tidal And Coastal Pond Waters, On Shoreline Features And Their Contiguous Areas

A. Category B Requirements

1. The requirements herein for a Category B Assent are necessary data and information for the purposes of federal consistency reviews. All persons applying for a Category B Assent are required to:

a. Demonstrate the need for the proposed activity or alteration;

b. Demonstrate that all applicable local zoning ordinances, building codes, flood hazard standards, and all safety codes, fire codes, and environmental requirements have or will be met; local approvals are required for activities as specifically prescribed for nontidal portions of a project in §§ 1.3.1(B), (C), (F), (H), (I), (K), (M), (O) and (Q) of this Part; for projects on state land, the state building official, for the purposes of this Section, is the building official;

c. Describe the boundaries of the coastal waters and land area that is anticipated to be affected;

d. Demonstrate that the alteration or activity will not result in significant impacts on erosion and/or deposition processes along the shore and in tidal waters;

e. Demonstrate that the alteration or activity will not result in significant impacts on the abundance and diversity of plant and animal life;

f. Demonstrate that the alteration will not unreasonably interfere with, impair, or significantly impact existing public access to, or use of, tidal waters and/or the shore;

g. Demonstrate that the alteration will not result in significant impacts to water circulation, flushing, turbidity, and sedimentation;

h. Demonstrate that there will be no significant deterioration in the quality of the water in the immediate vicinity as defined by DEM;

i. Demonstrate that the alteration or activity will not result in significant impacts to areas of historic and archaeological significance;

j. Demonstrate that the alteration or activity will not result in significant conflicts with water dependent uses and activities such as recreational boating, fishing, swimming, navigation, and commerce, and;

k. Demonstrate that measures have been taken to minimize any adverse scenic impact (see § 1.3.5 of this Part).

2. Each topic shall be addressed in writing and include detailed site plans and a locus map for the proposed project.

3. Additional requirements are listed for specific Category B activities and alterations in the sections that follow.

B. Filling, removing, or grading of shoreline features

1. Policies

a. Established agricultural practices in areas contiguous to shoreline features are excluded from this Section.

b. All filling, removing or grading activities shall be done in accordance with the policies and standards of this Section and the standards and specifications set forth in the most recent edition of the Rhode Island Soil Erosion and Sediment Control Handbook.

c. All new activities subject to §§ 1.3.1(C) (residential, commercial, and industrial structures), 1.3.1(M) and 1.3.3 of this Part, or those activities which disturb more than five thousand (5,000) square feet of land on a site shall prepare and implement an erosion and sediment control plan approved by the Council which references all necessary practices for erosion and sediment control. All erosion and sediment control plans shall be consistent with applicable policies and standards contained in the Rhode Island Coastal Resources Management Program and the standards and specifications set forth in the most recent edition of the Rhode Island Soil Erosion and Sediment Control Handbook. All erosion and sediment control plans shall be strictly adhered to.

d. The Council recognizes the most recent version of the Rhode Island Soil Erosion and Sediment Control Handbook, and its amendments, published jointly by the Rhode Island Department of Environmental Management and the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), as containing appropriate Best Management Practices (BMP) for use within the CRMC's jurisdiction. All erosion and sediment control plans shall be consistent with this manual. Applicants are also encouraged to consult the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual during the preparation of their erosion and sediment control plan in order to ensure consistency with the Council's stormwater management requirements (see § 1.3.1(F) of this Part).

e. Routine filling, removing, or grading of bulk materials (e.g. coal, salt, etc.) that occurs as part of the normal operations of an existing bulk transfer facility (e.g., the Port of Providence) which is adjacent to type 6 waters is excluded from the provisions of this Section provided that all filling, removing or grading activities are done in accordance with applicable guidance manuals which specify the appropriate best management practices for Rhode Island. Any filling, removing or grading that will result in a modification of an existing bulk transfer facility's infrastructure shall be subject to the policies and standards in this Section.

f. Filling, removing, or grading activities shall be reviewed at the Category B level when:

(1) The filling or removing involves more than ten thousand (10,000) cubic yards of material;

(2) The affected area is greater than two (2) acres; or

(3) The affected area is a designated historic area or archaeologically sensitive site.

2. Prohibitions

a. Filling, removing, or grading is prohibited on beaches, dunes, undeveloped barrier beaches, coastal wetlands, cliffs and banks, and rocky shores adjacent to Type 1 and 2 waters unless the primary purpose of the alteration is to preserve or enhance the feature as a conservation area or natural buffer against storms.

b. Filling, removing, or grading on coastal wetlands is prohibited adjacent to Type 1 and 2 waters, and in coastal wetlands designated for preservation adjacent to Type 3, 4, 5 and 6 waters, unless a consequence of an approved mosquito control ditching project (see § 1.3.1(L) of this Part).

c. On site beach materials (cobbles, sand, etc.) may not be used as construction material.

d. Mining is prohibited on coastal features.

3. Standards

a. The following standards apply in all cases where filling, removal, or grading is undertaken:

(1) Fill slopes shall have a maximum grade of thirty percent (30%);

(2) All excess excavated materials, excess fill, excess construction materials, and debris shall be removed from the site and shall not be disposed in tidal waters or on a coastal feature;

(3) Disturbed uplands adjacent to a construction site shall be graded and re-vegetated or otherwise stabilized to prevent erosion during or immediately after construction. Nutrients shall be applied at rates necessary to establish and maintain vegetation without causing significant nutrient runoff to surface waters;

(4) Removal or placement of sediments along jetties or groins may be permitted only as part of an approved dredging or beach nourishment project (see § 1.3.1(I) of this Part);

(5) All fill shall be clean and free of materials which may cause pollution of tidal waters;

(6) Cutting into rather than filling out over a coastal bank is the preferred method of changing upland slopes; and

(7) Limit the application, generation, and migration of toxic substances and ensure that toxic substances are properly stored and disposed of onsite in accordance with all applicable federal, state, and local requirements.

b. The following upland and shoreline earthwork standards shall be required in those cases where the Council determines that additional measures are warranted in order to protect the environment of the coastal region. Such requirements shall be listed on Assents as stipulations

c. For earthwork on shoreline features:

(1) Prior to initiation of construction, the contractor may be required to meet on site with the CRMC staff to discuss and clarify the conditions of the permit;

(2) A re-vegetation plan shall be submitted for review and approval when construction is undertaken on a barrier beach. This plan shall describe plant material, methods of planting, time of planting, soil amendments, and maintenance;

(3) Construction materials and excavated soils shall not be placed or stored on any shoreline feature excepting developed barrier beaches and manmade shorelines;

(4) All disturbed soils shall be graded smooth to a maximum 3:1 slope and re-vegetated immediately after construction, or temporarily stabilized with mulch, jute matting, or similar means until seasonal conditions permit such re-vegetation;

(5) In sensitive areas, work shall be carried out from areas above slope from coastal features. Machinery and construction equipment shall normally not be allowed to operate on a coastal wetland. For unavoidable work on a coastal wetland, a protective cover shall be deployed to minimize disturbance;

(6) In instances where the CRMC permits temporary disturbance of a coastal feature, shoreline slope, buffer zone, or area of beach grass, the disturbed area shall be completely restored by the owner under the guidance of CRMC staff; and

(7) Concrete structures which will come in contact with salt water shall be constructed with concrete which utilizes a Type II or Type V air entraining Portland cement or an equivalent that is resistant to sulfate attacks of seawater.

d. For upland earthwork measures shall be taken to minimize erosion:

(1) A line of staked hay bales or other erosion preventing devices (including diversion ditches, check dams, holding ponds, filter barrier fabric, jute or straw mulch) shall be placed at the downslope perimeter of the proposed area of construction prior to any grading, filling, construction, or other earthwork. Hay bales shall be toed in to a depth of three (3) to four (4) inches, and maintained by replacing bales where necessary until permanent re-vegetation of the site is completed. No soils or other materials are authorized to pass beyond the bale line;

(2) All slopes shall be returned to the original grade unless otherwise specified;

(3) Where natural or manmade slopes are or have become susceptible to erosion, the slopes shall be graded to a suitable slope and re-vegetated with thick rooting brush vegetation. Mulch shall be applied as necessary to provide protection against erosion until the vegetation is established;

(4) Construction shall be timed to accommodate stream and/or runoff flow and not allow flows over exposed, un-stabilized soils, or into or through the excavation. Flows shall not be restricted in such a manner that flooding or inhibition or normal flushing occurs;

(5) Any pumping of groundwater which may be necessary for de-watering shall be discharged into sediment traps consisting of a minimum of staked hay bale rings enclosing crushed stone or trap rock of a size sufficient to disperse inflow velocity. Hay bales shall be recessed 4 to 6 inches into the soil and maintained; and

(6) There shall be no discharge of sediment laden waters into storm drains. Storm drains shall be surrounded by staked hay bales to intercept sediment.

e. For any disturbance of steep slopes (over fifteen (15) percent):

(1) Where such construction is allowed, the following shall be observed:

(AA) No fill shall be allowed on the slope;

(BB) Excavation shall be kept to an absolute minimum; and

(CC) Vegetative cover on the slope shall be permanently maintained to the maximum extent physically possible.

(2) Where the potential for damage to a slope exists from runoff, staked hay bales, berms, or similar diversions shall be placed at the top and toe of the slope. Collected water shall be suitably discharged through properly constructed drains or swales. Wherever possible, drainage swales shall be constructed along and adjacent to property lines so as to avoid drainage onto adjacent properties. Swales shall be capable of handling runoff from a ten (10) year rainfall occurrence.

(3) For excavations on slopes or directly adjacent to coastal features, the excavated materials shall be cast upslope of the trench or excavation so as to minimize downslope runoff of sediment.

(4) Pedestrian access over steep shoreline slopes and banks shall be in the form of field stone or similar stabilized paths or elevated stairs. Access over bluffs shall be with elevated stairs only.

C. Residential, commercial, industrial, and recreational structures

1. Policies

a. It shall be the policy of the Council to undertake all appropriate actions to prevent, minimize or mitigate the risks of storm damage to property and coastal resources, endangerment of lives and the public burden of post storm disaster assistance consistent with policies of the State of Rhode Island as contained in the Hazard Mitigation Plan element of the State Guide Plan when considering applications for the construction of residential, commercial, industrial and recreational structures, including utilities such as gas, water and sewer lines, in high hazard areas.

b. It is the Council's policy to require a public access plan, in accordance with § 1.3.6 of this Part, as part of any application for a commercial or industrial development or redevelopment project in or impacting coastal resources. In accordance with § 1.1.7 of this Part, a variance from this policy may be granted if an applicant can demonstrate that no significant public access impacts will occur as result of the proposed project.

c. All commercial and industrial structures and operations located within tidal waters shall obtain a structural perimeter limit (SPL). Owners/operators of these facilities may apply to the Council for definition and establishment of this structural perimeter at any time. However, the Council shall establish a structural perimeter limit (SPL) when an application subject to this Section is under review.

2. Prerequisites

a. Applicants proposing new construction and/or alterations to existing structures shall obtain a letter from the local authorities certifying that proposed activities conform to the local zoning ordinance, or that if relief from an ordinance is required that it has been obtained and that the decision authorizing the appropriate relief is final. This letter must be submitted to the CRMC with the application.

b. Applicants proposing new construction and/or alterations to existing structures shall demonstrate that all applicable requirements of the RI state building code (SBC) including those pertaining to construction within flood hazard zones will be met. This demonstration shall be made by submitting to the CRMC at the time of application a building official's form properly completed and signed by the local building official.

c. Applicants proposing to build, repair or alter an onsite wastewater treatment system (OWTS) shall obtain a permit from the Department of Environmental Management and shall submit to the CRMC copies of the approved application and the approved plans. The plan submitted must bear a DEM/OWTS approval stamp.

d. Persons proposing activities that may impact the function of an existing OWTS and which by the rules and regulations of the Department of Environmental Management requires the issuance of a permit, shall obtain the necessary permits and submit copies of these permits to the CRMC at the time of application.

e. Applicants for industrial, commercial and recreational structures shall demonstrate that all state safety codes, fire codes, and environmental requirements have or will be met.

f. Applicants shall demonstrate that connections to public water supplies and sewer systems shall be authorized by the appropriate authorities when:

(1) Such connections are proposed by the applicant; or

(2) Where on-site water withdrawal and/or sewage disposal will have a significant adverse environmental or public health impact.

g. Applicants for commercial, industrial, and recreational structures shall demonstrate that adequate transportation and utility services to support the proposed operations and related activities are available.

3. Prohibitions

a. Industrial operations and structures are prohibited in Type 1 and 2 waters or on shoreline features abutting these waters.

b. The mining and extraction of minerals, including sand and gravel, from tidal waters and salt ponds is prohibited. This prohibition does not apply to dredging for navigation purposes, channel maintenance, habitat restoration, or beach replenishment.

c. Solid waste disposal and minerals extraction is prohibited on shoreline features and their contiguous areas.

d. The use of fill for structural support of buildings in flood hazard V zones is prohibited.

e. New decks and structures, and expanded structures associated with residential properties, or non-water dependent commercial uses, are prohibited in or over tidal waters.

f. Decks associated with commercial properties are prohibited in or over type 1 waters. Decks associated with commercial properties are prohibited in or over Type 2 waters unless such use is reserved in connection with a water dependent use. Decks associated with commercial properties are prohibited in or over Type 3, 4, 5, and 6 waters unless:

(1) The deck is 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) The deck is the minimum necessary to support the priority use.

g. See Table 2 in § 1.1.4 of this Part for a listing of additional prohibitions.

4. Standards

a. General:

(1) See standards given in "Filling, Removing, or Grading of Shoreline Features" in § 1.3.1(B) of this Part, as applicable.

(2) See standards given in "Sewage Treatment and Disposal" in § 1.3.1(F) of this Part, as applicable.

(3) Commercial and Industrial docks, wharves and piers shall be designed and certified by a registered professional engineer.

(4) All commercial and industrial structures and operations in tidal waters shall have a defined structural perimeter for in-water facilities, which shall describe and limit that area in which repair or alteration activities may take place. Structural perimeters shall be defined on the basis of in-water facilities in place as of September 30, 1971, or subsequently assented structures. All new or modified structural perimeter limit lines shall be a maximum of ten (10) feet outside of the structures. The structural perimeter limit (SPL) shall be designated on all plans with the corners designated by their State Plane Coordinates. However, in all cases the SPL shall be setback at least fifty (50) feet from approved mooring fields. In addition the SPL shall be setback at least three times the authorized project depth from federal navigation projects (e.g. navigation channels and anchorage areas).

(5) It is permissible to have vessels berthed at a facility outside of the structural perimeter limit if, in the opinion of the Executive Director, there are no conflicts with other users, impacts to resources, or conflicts with the DEM Shellfish Program. All vessels shall be berthed parallel to piers and docks if outside of the structural perimeter limit.

b. All new or existing commercial marine facilities (CMF) as defined in § 1.1.2 of this Part shall perform fitness of purpose inspections in accordance with the CRMC "Guidelines for Fitness of Purpose Investigations and Certifications." The addition of new structural components or systems on existing CMFs that are structurally independent of the existing components or systems shall be considered as "new."

(1) A post-event inspection is required for any CMF following a significant potentially damage-causing event such as a hurricane, vessel impact, fire or explosion. The primary purpose is to assess the integrity of structural and mechanical systems. This assessment will determine the operational status and/or any remedial measures required by the CRMC for the CMF.

(2) Post event notification shall be provided to the CRMC. The notification shall include, as a minimum:

(AA) Brief description of the event;

(BB) Brief description of the nature, extent and significance of any damage observed as a result of the event;

(CC) Operational status and any required restrictions; and

(DD) Statement as to whether a post-event inspection will be carried-out.

(3) The CRMC may carry out or cause to be carried out, a post-event inspection. In the interim, the CRMC may modify or limit the operations through Assent suspension. If a post-event inspection is required, an action plan shall be submitted to the CRMC within five (5) days after the event. This deadline may be extended in special circumstances. The action plan shall include the scope of the inspection (above water, underwater, mechanical systems, physical limits, applicable berthing systems, etc.) and submission date of the final report. The action plan is subject to CRMC approval.

c. Residential, commercial, industrial, and recreational buildings:

(1) Excavation and grading shall be restricted to those activities and areas necessary for the construction of the building and/or appurtenant structures (see § 1.3.1(B) of this Part).

(2) Applicants shall be required to reduce the inflow of pollutants carried by surface runoff in accordance with the policies and standards contained in § 1.3.1(F) of this Part and as detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual.

6. Flood zone construction. In many instances lands under the jurisdiction of the CRMC are by virtue of their topographic position subject to flooding. The Federal Emergency Management Agency has evaluated the risk of flooding and has established one hundred (100) year return frequency elevations of the flood waters (i.e., the Base Flood Elevation, (BFE) for all of the State's coastal communities. The approximate limits of the flood zones and the associated Base Flood Elevations are shown on the FEMA Flood Insurance Rate Maps, which are commonly available at each communities building official's office. In recognition that structures located within Flood Hazard Zones must be designed to meet more severe conditions than those not, the Rhode Island State Building Code, (RISBC) contains specific requirements for flood zone construction.

a. The CRMC requires all applicants proposing construction within flood hazard zones to demonstrate that all applicable portions of the RISBC are to be met. This demonstration shall be made by submitting to the CRMC at the time of application a building official's form properly completed and signed by the local building official.

7. Construction in flood hazard zones. In addition to the requirements of the RISBC, the CRMC suggests that applicants incorporate the following items into their proposed designs:

a. For construction in wave velocity (V) zones as defined by FEMA Flood Insurance Rate Maps:

(1) If timber pilings are used, they should meet the American Society for Testing and Materials (ASTM) standards for Class B piles and shall have a minimum tip diameter of 8 inches. Wooden pilings should be treated with a wood preservative. Bracing between piles is recommended.

(2) Pilings in ocean fronting areas should penetrate no less than ten (10) feet below mean sea level.

(3) Floor joists should be secured with hurricane clips where each joist encounters a floor beam. These metal fasteners or straps should be nailed on the joist as well as on the beam.

(4) To secure the exterior wall to the floor joists, galvanized metal strap connections should be used connecting the exterior wall studs to the joists.

(5) Roof trusses or rafters should be connected to the exterior wall with galvanized metal straps.

b. For construction in coastal (A) Flood Zones.

(1) Items 1, 2, 3, 4, 5 as listed in § 1.3.1(C)(7)(a) of this Part for V zone construction should, if applicable, be employed.

(2) Parallel concrete walls or pilings rather than fill should be used to elevate habitable residential structures when six (6) feet or more clearance exists between the existing grade and the flood plain elevation.

(3) In areas subject to minimal wave action in a one hundred (100) year storm event, discontinuous reinforced concrete foundation walls which allow sufficient free flow of flood waters may be substituted for parallel concrete walls or pilings.

D. Recreational boating facilities

1. Policies

a. Pursuant to R.I. Gen. Laws § 46-23-6(9) recreational boating facilities as defined in § 1.1.2 of this Part by and properly permitted by the Council, are deemed to be one of the uses consistent with the public trust.

c. The Council recognizes that the United States Coast Guard has primary authority over navigational aids and marine boating safety, and that these responsibilities are complemented by the Department of Environmental Management, local harbormasters, and public boating service organizations such as the Coast Guard Auxiliary.

d. The Council requires municipalities preparing to implement harbor management plans and/or programs relating to activities in tidal waters to apply for a determination of consistency with the Coastal Resources Management Program to assure conformance between such plans and/or programs and the Coastal Resources Management Program, the Guidelines for the Development of Municipal Harbor Management Plans and the General Laws of the State of Rhode Island.

e. All persons proposing condominium, dockominium, or other forms of ownership or operation of recreational boating facilities involving multiple, cooperative, condominium or fee simple interests in ownership or operation shall submit a prospectus of such proposals to the CRMC for review of consistency with the state of Rhode Island's public trust responsibilities, R.I. Gen. Laws Chapter 46-23, and the Rhode Island Coastal Resources Management Program.

f. Repair or reconstruction of all residential structures that are physically destroyed fifty percent (50%) or more by wind, storm surge, waves or other coastal processes shall require a new Council assent. Such activities requiring a new Council assent shall be reviewed according to the most current applicable programmatic requirements of the Coastal Resources Management Program, its Special Area Management Plans, and/or any other appropriate CRMC-approved management plan. All replacement structures shall be designed and constructed to meet current structural and environmental design conditions shown in Table 8 of this Part (Minimum design criteria). For marinas see § 1.3.1(N) of this Part.

g. Table 6: Existing residential and limited recreational boating facility modification request for permitted structures

Dock condition	Application type
Functional dock to be replaced in its entirety	Maintenance
Functional dock to be replaced in its entirety in Type 1 waters	Maintenance
Functional Dock destroyed (>50%) by storm or natural Hazard in Type 1 Waters	Cannot be replaced or special Exception
Existing Dock field assessed by CRMC Staff as >50% destroyed in Type 1 Waters	Cannot be Replaced or Special Exception
Functional Dock, destroyed (>50%) in a storm/natural hazard	New
Dock, not functional, field assessed as >50% destroyed	New
Functional Dock, to be replaced in its entirety	Refer to § 1.3.1(N) of this Part
dock, not in compliance at time of permit	Refer to § 1.3.1(N) of this Part
Adding to existing Dock
Existing dock does not need to be brought into compliance; proposed addition must meet current regulations	Modification
Addition is over fifty percent (50%) of length or width of dock	New

h. In the event of catastrophic storms, § 1.1.12 of this Part (Emergency Assents) may apply to the above table at the discretion of the Executive Director.

i. Outhauls are subject to the regulatory jurisdiction of the Council. The Council may authorize a municipality to administer an annual permit for such provided said municipality has a Council approved and active harbor management plan and ordinance which contains the following municipal documentation that demonstrates that:

(1) Except as provided below, an outhaul(s) is/are to be permitted to the contiguous waterfront property owner; and,

(2) Up to two (2) outhauls may be allowed per waterfront property; and,

(3) Outhauls are not permitted on properties which contain a recreational boating facility; and,

(4) Procedures have been adopted to ensure that permits are only issued consistent with the RICRMP, including the provisions of § 1.3.1(R) of this Part; and,

(5) The procedures acknowledge that the CRMC retains the authority to revoke any permits issued by the municipality if it finds that such permit conflicts with the RICRMP; and,

(6) From November 15 to April 15, when a boat is not being secured by the device on an annual basis, the outhaul cabling system shall be removed; and,

(7) Outhauls may be "grandfathered" in their current location upon annual harbormaster documentation that such outhauls have been in continuous use at such location since 2004, and, the contiguous property owner(s) agree in writing to such, however, such "grandfathering" is extinguished whenever a recreational boating facility is approved at the location.

j. The Council may recognize and issue its own Assent for a pre-existing recreational boating facility upon proof of an Army Corps of Engineers permit; a town or city council authorization issued prior to 1972; a harbor commission authorization issued prior to 1972; and/or, a Rhode Island Division of Harbors and Rivers permit issued prior to 1972. The CRMC will issue a registration plate and number that will be assigned to that specific structure.

2. Marina policies

a. The Council encourages marinas to utilize techniques that make the most efficient use of space and increased demands for moorage, dockage, and storage space by primarily utilizing dry stack storage in addition to innovative slip and mooring configurations, etc.

b. All new and significantly expanded marinas shall first submit a preliminary determination (PD) application to the CRMC for a conceptual evaluation of the proposed project. The preliminary determination shall include an alternatives analysis to evaluate that the use of the public trust resources proposed are the most efficient and protective of the environment. The primary objective of the PD shall be to document all efforts to avoid adverse impacts and to minimize and offset unavoidable adverse impacts to aquatic and terrestrial resources. Such documentation shall be in the form of an objective analysis of alternatives that satisfies the above review criteria and provides an evaluation of practicable alternate sites and/or designs. The applicant shall be required to attend a meeting with the CRMC staff to review the results of the preliminary determination. In assessing a proposed marina facility, the Council shall require a preliminary determination/alternatives analysis that details the following:

(1) The appropriateness of the facility given the activities potential to impact Rhode Island's coastal resources;

(2) The appropriateness of the structure given environmental site conditions;

(3) The potential impacts of the structure and use of the facility on public trust resources (e.g., fin fish, shellfish, submerged aquatic vegetation, benthic habitat, commerce, navigation, recreation, natural resources, and other uses of the submerged lands, etc.);

(4) The potential navigation impacts of the structure and associated use of the structure;

(5) The potential aesthetic and scenic impacts associated with the structure;

(6) The cumulative impacts associated with the increased density of existing recreational boating facilities in the vicinity of the proposed project. In considering these factors, the Council shall weigh the benefits of the proposed activity against its potential impacts while ensuring that it does not cause an adverse impact on other existing uses of Rhode Island's public trust resources;

(7) The potential impacts to other recreational or commercial uses of the affected resource;

(8) The extent to which any disruption of the public use of such lands is temporary or permanent;

(9) The extent to which the public at large would benefit from the activity or project and the extent to which it would suffer detriment; and

(10) The extent to which structures that extend over submerged lands are dependent upon water access for their primary purpose.

c. It is the policy of the Council that the applicant demonstrates through measurable standards referred to herein that the marina expansion cannot be accomplished within the existing Marina Perimeter Limit through utilization of more efficient configurations.

d. The Council shall require persons proposing to construct new marina facilities or proposing to expand existing marina facilities to undertake measures that mitigate the adverse impacts to water quality associated with the proposed activity. Applicants shall apply for a Water Quality Certificate from the RI Department of Environmental Management and Army Corps of Engineers Permit, concurrent with their application to CRMC.

e. The construction of marinas, docks, piers, floats and other recreational boating facilities located on tidal lands or waters constitutes a use of Rhode Island's public trust resources. Due to the CRMC's legislative mandate to manage Rhode Island's public trust resources for this and subsequent generations, the Council must assess all proposed uses of public trust lands or waters on a case-by-case basis, examine reasonable alternatives to the proposed activity, and ensure that the public's interests in the public trust resources are protected.

f. It is the Council's policy that new or significant marina expansions must demonstrate:

(1) There is no alternative within the current in-water perimeter that would accommodate the expansion;

(2) The area requested is the minimum necessary; and

(3) The request avoids or minimizes impact to the aquatic environment and traditional uses in the area.

g. The Council encourages all recreational boating facilities to provide an opportunity for a variety of boat sizes and types so as to provide access for the widest segment of the public to the Public Trust Resources.

h. It is the Council's policy to require a public access plan or an enhancement to existing access, in accordance with § 1.3.6 of this Part (Protection & Enhancement of Public Access to the Shore), as part of any application for a new marina, or for a significant expansion to any existing marina. In accordance with § 1.1.7 of this Part, a variance from this policy may be granted if an applicant can demonstrate that no significant adverse public access impacts will occur as a result of the project. The public access plan must detail the vehicle parking that will be provided to support the proposed public access. All boating facilities shall be designed and constructed in a manner which does not impede or detract from and whenever practicable promote public access along and to the shore.

3. Residential and limited recreational boating facility policies

a. All residential and limited recreational boating facilities are required to be registered by and with the Council and have posted on them a registration plate and number issued by the Council. The registration plate and number must be permanently affixed to the facility on its most seaward face and be visible from the navigation channel or fairway to the structure at all times.

b. In order to limit the cumulative impacts of multiple individual residential and limited recreational boating facilities, the Council encourages the construction of facilities that service a number of users. It is the policy of the Council to manage the siting and construction of recreational and limited recreational boating facilities within the public tidal waters of the state to prevent congestion, and with due regard for the capability of coastal areas to support boating and the degree of compatibility with other existing uses of the state's waters and ecological considerations.

c. All recreational and limited recreational boating facilities shall be designed and constructed to adequately withstand appropriate environmental conditions present at the site and to minimize impacts to existing resources.

d. All residential boating facilities shall be contiguous to a private residence, condominium, cooperative or other homeowner's association property and shall not accommodate more than four (4) boats.

e. All limited recreational boating facilities must be contiguous to property zoned by the local municipality as institutional or open space (or an appropriate sub-district of institutional or open space zoning) and shall not accommodate more than four (4) boats.

f. It is the Council's policy to authorize only one (1) residential or limited recreational boating facility per lot of record as of October 7, 2012 to minimize user conflicts and cumulative impacts in tidal waters.

g. Assents for limited recreational boating facilities remain valid provided the local parcel zoning remains unchanged from the time of the Assent. Modification of the local zoning designation to a category other than open space or institutional or their appropriate sub-district categories automatically nullifies the CRMC Assent.

h. It is the Council's policy to ultimately remove all recreational boating facilities located in Type 1 waters (see § 1.2.1(A) of this Part). The Council recognizes that pre-existing recreational boating facilities in Type 1 waters built prior to January 1, 1985 may not meet current Council standards and policies. Such facilities are not required to reapply under this Subsection provided the Council has authorized the facility by issuance of an assent including maintenance. Unless such facilities have been previously authorized by the Council, such facilities shall not pose any significant risk to the coastal resources of the state, such as significant impacts to salt marshes, and shall not endanger human safety to be eligible for an assent. Applicants shall provide clear and convincing evidence for unauthorized pre-existing recreational boating facilities that:

(1) The facility exists in substantially the same configuration as it did prior to January 1, 1985;

(2) The facility is presently intact and functional; and

(3) The facility presents no significant threat to coastal resources nor to human safety.

4. Prerequisites

a. All new or significantly expanded recreational and limited recreational boating facilities shall be within the property line extensions of the proposed facility or have a signed agreement with the adjacent land owner(s) whose property line extension area is impacted. All structures shall be a minimum of twenty-five (25) feet from the property line extension. Otherwise the applicant shall have a letter of no objection from the adjacent property owner stating that the reduced setback is acceptable. This letter and variance request shall be provided with the application.

5. Marina prerequisites

a. Persons proposing to establish a new marina or significantly expand a marina shall prepare and submit a preliminary determination application prior to submitting a Category B application.

b. If in the opinion of the Council or executive director the proposed marina or significant expansion is not utilizing the public trust in accordance with this Section the applicant may be required to prepare alternative layouts that meet the standards herein.

c. The preliminary determination for new or significant expansions of marinas must assess the impacts of all the environmental site conditions and the planning / design requirements below:

(1) All designs that include water-based vessel storage are encouraged to explore both wet and dry storage alternatives

(2) Persons proposing to establish a new marina or significantly expand an existing marina will be required to concurrently obtain a permit from the Army Corps of Engineers as well as a Water Quality Certificate from the RIDEM.

(3) Persons proposing to establish a commercial mooring area are required to concurrently obtain a permit from the Army Corps of Engineers.

(4) An application for a Council Assent for a marina and/or mooring area shall include a map prepared and stamped by a professional land surveyor that designates the area of tidal water that will be incorporated within the marina by State Plane Coordinates (NAD83) and described by metes and bounds. All structural elements and components shall be designed and stamped by a professional engineer.

6. Residential and limited recreational boating facility prerequisites:

a. All applications for residential and limited recreational boating facilities shall be initially reviewed by the executive director or the deputy director. The executive director or the deputy director may refer any such application to the Council for a hearing if based upon the application on its face a determination is made that the proposed activity warrants a Council hearing.

b. The executive director or the deputy director shall, based upon the application and staff reports, make a determination that the application meets all the criteria as set out in § 1.3.1(D)(11) of this Part (standards for residential and limited recreational docks, piers and floats) and any other applicable Council policy or procedures. If a determination is made that all the above criteria are met, the application shall be processed as a Category A application.

c. If a determination is made that all of the above criteria are not met for a residential or limited recreational boating facility then the matter shall be referred to Council as a Category B application.

d. The executive director or the deputy director shall have the authority to consider and act upon variance requests to certain standards of this Section pertaining to residential and limited recreational boating facilities and shall utilize the criteria and requirements of § 1.1.7 of this Part in its evaluation of variance requests.

e. Variance requests to other standards of this Section or to other appropriate and relevant sections of the CRMP must be made to the full Council. Variances shall not be considered by the executive director or the deputy director if there is a substantive objection, in accordance with § 1.1.6 of this Part, to the application.

f. Variances may be granted to all of the standards contained in §§ 1.3.1(D)(11) and 1.2.1(B) of this Part provided engineering, biological and other appropriate concerns have been addressed except for the following:

(1) The executive director or the deputy director may not grant a variance to § 1.3.1(D)(11)(k) of this Part;

(2) The executive director or the deputy director may only grant a variance to within eighteen (18) inches of the marsh grade standard (§ 1.3.1(D)(11)(g) of this Part) provided engineering, biological, and other appropriate concerns are met; and

(3) The executive director or the deputy director may only grant a variance for the extension of a recreational or limited recreational boating facility out to seventy-five (75) feet beyond MLW or up to a fifty percent (50%) increase beyond the fifty (50) foot standard (§ 1.3.1(D)(11)(l) of this Part) provided engineering, biological, and other appropriate concerns are met.

7. Prohibitions

a. The building of new marinas in Type 1 and 2 waters is prohibited.

b. The building of recreational boating facilities in Type 1 waters is prohibited. This prohibition shall not apply to functional structures previously authorized by the Army Corps of Engineers, or the CRMC or predecessor agencies. Additionally, in those instances where an applicant cannot produce an authorization from said agencies or an approval by the Council to maintain facilities not previously registered with the Council, but can demonstrate by clear and convincing evidence that a recreational boating facility in Type 1 waters pre-existed and has been continuously functional prior to the formation of the Council, the Council may grant a permit provided the applicant can meet the requirements herein. Any assent granted pursuant to this Section shall be recorded in the land evidence records and is transferable to a subsequent owner or purchaser of the subject property, provided however, that all assent conditions are adhered to and the dock is removed at the termination of assent.

c. The unloading of catches by commercial fishing vessels at residential and limited recreational boating facilities is prohibited.

d. The building of structures in addition to the piles/ pile cap / stringer / deck / handrail on a residential or limited recreational boating facility, including but not limited to gazebos, launching ramps, wave fences, boat houses, and storage sheds, is prohibited. However, the construction of boat lifts may be allowed in Type 3, 5, and 6 waters, and in Type 2 waters in accordance with the provisions of § 1.3.1(P) of this Part (Boat Lift and Float Lift Systems).

e. Rhode Island is an EPA designated a No Discharge State; all vessel discharges within State Waters are prohibited.

f. In Type 2 waters, the building of private launching ramps that propose to alter a coastal feature are prohibited, except along manmade shorelines. Where a coastal wetland fronts a manmade shoreline, the building of private launching ramps shall be prohibited. This prohibition does not apply to marinas with Council-approved marina perimeters (MPL).

g. New residential or limited recreational boating facilities are prohibited from having both a fixed T-section or L-section, and a float.

h. Terminal Floats at residential and limited recreational docks in excess of two hundred (200) square feet are prohibited.

i. Residential recreational docks shared by owners of waterfront property are prohibited from exceeding more than two (2) terminal floats and a combined total terminal float area in excess of three hundred (300) square feet.

j. Marine railway systems are prohibited except in association with: a marina; or, a commercial or industrial water dependent activity in type 3, 5 and 6 waters.

k. The installation or use of more than one (1) residential or limited recreational boating facility per lot of record as of October 7, 2012 is prohibited.

l. The construction and use of cribs for residential or limited recreational boating facilities is prohibited when located within coastal wetlands.

8. Standards

a. All new or significantly expanded recreational boating facilities shall be located on site plans that clearly show the mean low water (MLW) and mean high water elevation (MHW) contours. The MLW shall be determined utilizing the "Short Term Tide Measurement" method. The executive director shall have the discretion to require a more accurate method of MLW determination when utilizing the Short-Term Tide Measurement method will not provide accurate results. Guidance for the Short-Term Tide Measurement is available from the CRMC. At the discretion of the executive director, a previously established tidal determination may be utilized if the areas have similar tidal characteristics.

b. All new marinas, docks, piers, bulkheads or any other structure proposed in tidal waters shall be designed and stamped by a registered professional engineer licensed in the State of Rhode Island.

c. All structural elements shall be designed in accordance with Minimum Design Criteria or the Minimum Design Loads for Buildings and Other Structures, current Edition published by the American Society of Civil Engineers (ASCE) or the RI State Building Code as applicable.

d. All new or significantly expanded recreational boating facilities shall comply with the policies and prohibitions of § 1.3.1(R) of this Part (Submerged aquatic vegetation and aquatic habitats of particular concern).

9. Marina standards

a. All new or significantly expanded marina designs shall be in accordance with Table 8 in § 1.3.1(D) of this Part (Minimum Design Criteria), but in no case shall any structural member be designed to withstand less than one hundred (100) year storm frequency, including breaking wave conditions in accordance with ASCE 7 (Minimum Design Loads For Buildings and Other Structures, 2016) and FEMA Manual 55 (Coastal Construction Manual, 2011) incorporated by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations. All design elements including the bathymetry shall be stamped by a Rhode Island registered Rhode Island Professional Engineer. Any reconstruction of an existing marina destroyed by a catastrophic event shall have the piles and float restraint systems designed to meet the one hundred (100) year storm frequency, while other elements shall meet the requirements for a fifty (50) year storm at a minimum.

b. New marinas or any significant expansion of an existing marina shall first submit a Preliminary Determination request. The executive director may waive this requirement for limited marinas when there is minimal expected impact to the resources and no known use conflicts.

(1) In order to minimize the impact of the significant expansion within tidal waters, the preferred mode of expansion shall be dry-stack marina, on the applicant's property or in areas controlled by the applicant, when consistent with local ordinances.

(2) As part of the requirements under § 1.3.1(A) of this Part (Category B Requirements), the applicant shall state the basis for the number of wet slips requested.

c. In evaluating the facility proposal, the applicant must demonstrate that:

(1) Potential impacts have been or can be avoided to the maximum extent practicable when considering existing technology, infrastructure, logistics, and costs in light of approved project purposes; and

(2) Impacts have been or can be minimized to an extent practicable and appropriate to the scope and degree of those environmental impacts; and

(3) Any unavoidable impacts to aquatic and terrestrial resources have been or will be mitigated to an extent that is practicable and appropriate.

d. The density of in-water vessels shall be greater than thirty (30) vessels per acre (except in destination harbors) within the MPL. If vessel density is less than the limit, reduction of the MPL will be required.

e. Dockage for dry stack vessel loading and temporary storage shall be excluded from the marina density calculations, provided only dry stack vessels and vessels awaiting pump out utilize the area. There shall be no permanent or transient use of the docks used for dry stack vessels or pumpouts.

f. Marina layout and geometry shall utilize existing bathymetry to the greatest extent possible. The layout shall provide for similar size vessels located such that fairway widths can be minimized in areas of smaller vessels. Fairways shall be a minimum of 1.5-times the length of the average vessel length utilizing the fairway.

g. The maximum length of any contiguous dock, both fixed and floating shall be one thousand (1,000) feet for all new or expanded marinas.

h. Sufficient sanitary facilities shall be provided to service the patrons of the marina, in accordance with Table 7 of § 1.3.1(D) of this Part (Minimum Required Sanitary Facilities). The maximum distance from sanitary facilities for any slip shall be within a one thousand (1,000) foot radius from the facilities. This may require more than one sanitary facility location. Portable toilets may be considered sufficient for limited marinas.

i. Marinas with more than two hundred (200) vessels with an average length in excess of thirty-eight (38) feet may be eligible for a reduction in the minimum number of facilities at the discretion of the executive director with an acceptable pump out plan.

(1) Table 7: Minimum required sanitary facilities

Number of Vessels	Toilets	Urinals	Pump Out locations
5 - 25	2	1	1
26-100	3	1	1
101-200	4	2	2
201-250	5	2	3
251-300	6	2	3

j. Marina owners shall submit documentation of compliance with the State of Rhode Island's requirements of National Fire Protection Association (NFPA) 303 Standard for Marinas and Boatyards from the local or State Fire Official, where appropriate.

k. All electrical installations shall be designed and installed in accordance with the requirements of the NFPA, State building and electrical code. The operations & maintenance plan shall certify that all applicable codes have been met.

l. Sufficient parking shall be provided for the patrons of the marina. A standard of three hundred (300) square feet is required for each parking space; the minimum requirements for the total number of parking spaces provided is one (1) space for each one and one half (1.5) vessel. If parking for dry stack vessels is in the rack space, no additional parking is required. On grade Parking for dry stack shall be at one space for five (5) vessels. Parking for new or expanded marinas in destination harbors shall be one (1) space for every twenty-five (25) vessels of new or expanded slips.

m. A Council Assent for a marina permits the marina operator to undertake minor repairs and alterations of approved facilities without further review, where such repairs or activities will not alter the assented design, capacity, purpose or use of the marina. For the purposes of this Section, the assented design, capacity, purpose or use of the marina shall be those characteristics associated with the physical configuration or construction, numbers and sizes of vessels accommodated at in-water facilities, and nature of operation as defined in the original Council Assent, respectively. Minor repairs and alterations to in-water facilities shall include repair or replacement of dock decking or planks, replacing pilings, extensions of slips and/or finger piers within the perimeter and capacity of the marina as defined within the original Assent, or as established in § 1.3.1(D)(9)(o) of this Part, and other activities of a similar and non-substantial nature. Minor repairs and alterations to upland facilities may take place upon Council approval of an operations and maintenance plan as identified below in § 1.3.1(D)(9)(q) of this Part and shall include grading of parking and launch ramp areas, grouting of seawalls, plumbing and electrical work, maintenance of sidewalks, fences and walkways, flagpole installations, landscaping, signage and other activities of a similar and non-substantial nature. Minor repairs and alterations shall not be construed to include maintenance dredging, alterations, repairs or expansion of shoreline protection facilities, bulkheads, or breakwaters or other activities subject to review under other relevant sections of this program. All minor repairs and alterations shall take place within the assented design of the marina, or marina perimeter as defined in the original Council Assent or as established in accordance with § 1.3.1(D)(9)(o) of this Part. Any repair or replacement of floats for existing marinas shall meet current float design standards.

n. In those instances where the minor repair or alteration would require the use of heavy machinery (such as a pile driver or grader), the Council shall be notified in writing at least ten (10) working days prior to undertaking the work. Notice of repair activities requiring the use of heavy machinery shall include the following:

(1) A statement that the notice is given pursuant to § 1.3.1(D)(9)(n) of this Part;

(2) A description of the proposed repair or alteration to be performed including a statement as to the size and type of materials to be used;

(3) A copy of the original Council Assent or Division of Harbors and Rivers permit under which the proposed repair or alteration is to be performed;

(4) A copy of the site plan from the original Council Assent showing the location of the proposed repair or alteration;

(5) The name of the person on-site responsible for supervising the proposed repair or alteration; and

(6) The anticipated dates on which the proposed repair or alteration shall commence and be completed.

o. All marinas and/or mooring areas shall have a defined perimeter for in-water facilities, which shall describe and limit that area in which the repair or alteration activities described in §§ 1.3.1(D)(9)(m), 1.3.1(D)(9)(n) and 1.3.1(D)(9)(p) of this Part may take place. Operators of marinas may apply to the Council for definition and establishment of this perimeter at any time. Perimeters shall be defined on the basis of in-water facilities in place as of September 30, 1971, or subsequently assented structures. All new or modified Marina Perimeter Limit lines shall be a maximum of ten (10) feet outside of the marina structures. The MPL shall be designated on all plans with the corners designated by their State Plane Coordinates.

p. It is permissible to have vessels berthed at a facility outside of the Marina Perimeter Limit if, in the opinion of the executive director, there are no conflicts with other users, or impacts to resources, or conflicts with the DEM Shellfish Program. All vessels shall be berthed parallel to piers and docks if outside of the MPL. Mediterranean style mooring (vessel perpendicular to the dock at the stern beyond the MPL) may be permissible in destination harbors if the executive director determines that there are no adverse impacts to existing navigation, fishing, commerce or recreational uses.

q. Proposals for the alteration or reconfiguration of in-water facilities such as piers and/or mooring areas shall be reviewed in the following manner:

(1) Alterations to the layout or configuration of in-water facilities within a previously approved MPL which do not increase the number of boats accommodated shall obtain a Certification of Maintenance in accordance with the requirements of § 1.3.1(N) of this Part;

(2) Alterations which propose to increase the number of boats that may be accommodated at the in-water facilities of the marina within twenty-five percent (25%) of the capacity of the marina as defined in the original Council Assent, and do not propose to extend the facility beyond the defined perimeters (established pursuant to the original Council Assent or § 1.3.1(D)(9)(o) of this Part shall be reviewed as Category A applications. The Council's review shall establish that the alterations and/or expansion meet the twenty-five percent (25%) standard, and that the Council's standards for parking and sanitary facilities are met. If the twenty-five percent (25%) increase changes the marina type, the expansion shall be treated as a Category B application and all standards for the new marina designation shall apply; and

(3) Alterations which propose to increase the numbers of vessels accommodated at the in-water facilities beyond 25% of the capacity as defined in the original Council Assent, and/or extend the facility beyond the defined perimeters, or alter the purpose of the facility shall be reviewed as a Category B application. The executive director may allow a onetime expansion of the MPL for limited marinas in Type 2 waters up to twenty-five percent (25%) of the assented/original boat capacity.

(4) Alterations to marinas in Type 2 waters shall have all in-water vessels and dry stack vessels count towards the twenty-five percent (25%) increase in vessel/boat capacity.

r. New marinas and significantly expanded existing marinas must submit a draft operations & maintenance plan with their marina permit application. Existing marinas must submit the plan within one (1) year of the effective date of this regulation. Whenever the marina ownership or leasehold changes, the O&M plan must be revised and resubmitted for approval. Plan approvals are valid for three (3) years without any change in ownership, expansion or major infrastructure work.

s. All O&M plans shall include the information outlined in the guidance document "Marina Operations and Maintenance Plans" by the CRMC.

t. Any Marina that has a "Clean Marina" certification issued by the CRMC will only be required to submit the facility layout plan (plan requirements in guidance Document "Marina Operations and Maintenance Plans" by the CRMC and Clean Marina certification approval letter in lieu of an O&M plan.

u. Any alterations to mooring areas shall be consistent with any CRMC approved municipal harbor management rules, regulations or programs, as defined in § 1.3.1(O) of this Part.

v. All new marina facilities shall be required to install a marine pumpout facility. Any significant expansion or alteration of an existing marina facility that results in greater than or equal to fifty (50) new slips or where adequate pumpout service is not currently available shall be required to install a marine pumpout facility. Any expansion or alteration of an existing marina facility which proposes to increase the number of vessels accommodated at the in-water facilities beyond twenty-five percent (25%) of the capacity as defined in the original Council Assent shall be required to undertake mitigative measures. If twenty-five percent (25%) of the capacity, as defined in the original Council Assent, is greater than or equal to fifty (50) slips, then a marine pumpout facility shall be required. If twenty-five percent (25%) of the capacity, as defined in the original Council Assent, is less than fifty (50) slips, then the Council shall require either the installation of a marine pumpout facility or other suitable mitigation measures. In no case shall the number of pump outs be less than those shown in Table 7 in § 1.3.1(D) of this Part (Minimum Required Sanitary Facilities).

w. If the applicant can demonstrate that there are already enough marine pumpout facilities to serve all of the recreational boating facilities found in the region, then the Council may waive the requirement for a marine pumpout facility and require alternative mitigative measures.

x. All marine pumpout facilities or pumpout stations shall be designed in a manner that serves the boating public. Pumpout facilities shall be located in an accessible location. The dock utilized for the pumpout shall not be available for dockage of any kind beyond the reasonable time for vessel pumpout. In addition, all marine pumpout facilities shall be open for the general public's use. However, marina operators may charge a fair and nondiscriminatory fee to cover the cost of constructing and operating these facilities. Portable pumpouts (including vessel mounted pumpouts) shall only be allowed after a facility has one (1) fixed pumpouts in place that meets all requirements. Portable pumpouts are not considered to satisfy the requirements for a pumpout except in the case of a Limited Marina.

y. All new marina facilities shall meet the setback policies and standards contained in municipal harbor management plans and/or harbor ordinances approved by the Council. However, in all cases marina facilities shall be setback at least fifty (50) feet from approved mooring fields and three times the authorized project depth from federal navigation projects (e.g. navigation channels and anchorage areas).

z. All new or replacement floats shall utilize floatation that was specifically fabricated for marine use and warranted by its manufacturer for such use. Foam billets or foam bead shall not be utilized unless it is completely encapsulated within impact resistant plastic. All existing installations of non-encapsulated floatation shall be replaced at a rate of ten percent (10%) per year (minimum) during normal maintenance. This shall be detailed in the O&M plan. The start of mandatory replacement shall begin in October 2011.

aa. All new marinas (including expansions) and water dependent facilities shall be designed in accordance with the latest Accessible Boating Facilities Guidelines by the United States Access Board promulgated under 36 C.F.R. Part 1191 . The number of fully accessible slips shall be in accordance with the latest version of the guidelines, but in no case shall be less than 2% of the facility. Limited Marinas are not required to meet the accessibility guidelines, but are encouraged to do so.

bb. The executive director, in his discretion, shall have the authority to determine which of the above standards shall be applied to Limited Marinas.

10. Launching ramp standards

a. All public launching ramps shall be designed to allow emergency vehicle turning at the top of the ramp. The ramp shall be designed with two (2) areas to allow vessel prep and tie down in close proximity of the haul/launch area. All parking for boat trailers shall be angled only, with a strong preference for pull through parking. All ramps shall have clearly marked parking for car top vessel parking.

b. Ramps shall be constructed at an angle no greater than fifteen percent (15%) from the horizontal. Where upland modification is necessary, the slope will be created, where possible, by cutting back into the upland, rather than by placing fill on a shoreline feature. Ramps shall be approximately even with beach grade.

c. All new or reconstructed public ramps shall extend a sufficient distance inland to prevent washout at the inland edge and shall extend a minimum of four (4) feet beyond extreme low water. Single-lane ramp width shall not be less than fifteen (15) feet.

d. Side slopes of the ramp (above water line) shall be constructed of sloped riprap or, if the slope permits, vegetated.

11. Residential and limited recreational docks, piers, and floats standards

a. All residential and limited recreational dock designs shall be in accordance with Table 8 in § 1.3.1(D) of this Part (Minimum design criteria), but in no case shall any structural member be designed to withstand less than fifty (50) year storm frequency, including breaking wave conditions in accordance ASCE 7 (Minimum Design Loads For Buildings and Other Structures, 2016) and FEMA Manual 55 (Coastal Construction Manual, 2011) incorporated by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations. All design elements including the bathymetry shall be stamped by a Rhode Island registered professional engineer.

b. Applications for all residential and limited recreational boating facilities shall indicate all work associated with these structures including at a minimum: a bottom survey showing water-depth contour lines and sediment types along the length of the proposed structure the seaward and landward extent of any SAV or coastal wetland vegetation present at the site, the permitted/authorized dimensions of any CRMC buffer zone and/or access way, as well as all associated work involved in accessing the proposed facility. All pathways, boardwalks, and cutting or filling of coastal features shall be specified. All such work shall be in accordance with applicable standards in §§ 1.3.1(B) and 1.3.1(C) of this Part. All of the above work shall be certified by a Professional Engineer licensed in the State of Rhode Island.

c. Fixed structures which are for pedestrian access only shall be capable of supporting forty (40) pounds per square foot live load as well as their own dead weight; floating structures shall be capable of supporting a uniform twenty (20) pounds per square foot live load, or a concentrated load of four hundred (400) pounds. A written certification by the designer that the structure is designed to support the above design loads shall be included with the application.

d. No creosote shall be applied to any portion of the structure.

e. A residential or limited recreational boating facility shall be a maximum of four (4) feet wide, whether accessed by a fixed pier or float. The terminal float size shall not exceed one hundred fifty (150) square feet and may be reviewed as a Category A application. Residential boating facilities shared by owners of waterfront property may have a maximum of two (2) terminal floats not to exceed a combined total terminal float area of three hundred (300) square feet. Such applications may be reviewed as a Category A application. In excessive fetch areas only, the terminal float size shall not exceed two hundred (200) square feet and shall be reviewed as a Category B application. The combined terminal float size for shared residential boating facilities shall not exceed three hundred (300) square feet regardless of fetch. In the absence of a terminal float, a residential boating facility may include a fixed terminal T or L section, no greater than four (4) by twenty (20) feet in size.

f. All new or replacement floats shall utilize floatation that was specifically fabricated for marine use and warranted by its manufacturer for such use. Foam billets or foam bead shall not be utilized unless they are completely encapsulated within impact resistant plastic.

g. Where possible, residential boating facilities shall avoid crossing coastal wetlands. In accordance with§ 1.3.1(Q) of this Part, those structures that propose to extend beyond the limit of emergent vegetative wetlands are considered residential boating facilities. Facilities shall be located along the shoreline so as to span the minimal amount of wetland possible. Facilities spanning wetlands shall be elevated a minimum of four (4) feet above the marsh substrate to the bottom of the stringers, or constructed at a 1:1 height to width ratio. Construction in a coastal wetland shall be accomplished by working out from completed sections. When pilings are placed within coastal wetlands, only the immediate area of piling penetration may be disturbed. Pilings should be spaced so as to minimize the amount of wetland disturbance. No construction equipment shall traverse the wetland while the facility is being built.

h. Owners are required to maintain their facilities in good working condition. Facilities may not be abandoned. The owner shall remove from tidal waters and coastal features any structure or portions of structures which are destroyed in any natural or man-induced manner. CRMC authorization for a recreational boating facility allows a dock owner to undertake minor repairs of approved facilities without further review, where such repairs will not alter the assented and/or permitted design, capacity, purpose or use of the facility. For the purposes of this policy, minor repairs shall include the repair or replacement of dock decking or planks, hand railings and support, and other activities of a similar and non-substantial nature. Minor repairs do not include alterations to the approved design of the facility, expansion of the facility, or work requiring the use of heavy machinery, such as a pile driver; these activities require that a Certification of Maintenance be obtained from the Council.

i. Float ramps and other marine appurtenances or equipment shall not be stored on a coastal feature or any area designated as a CRMC buffer zone.

j. The use of cribs for structural support shall be avoided. The use of cribs as support in tidal waters may be permitted given certain environmental design considerations. However, in these instances the size and square footage shall be minimized and not exceed six (6) feet by six (6) feet in footprint dimension and the structure cannot pose a hazard to navigation. When cribs are permitted for structural support, they must be removed when the useful life of the structure has ceased (e.g. the structure is no longer used as a means of accessing tidal waters).

k. Residential and limited recreational boating facilities shall not intrude into the area within twenty-five (25) feet of an extension of abutting property lines unless:

(1) It is to be common structure for two or more adjoining owners, concurrently applying or

(2) A letter or letters of no objection from the affected owner or owners are forwarded to the CRMC with the application.

(3) In the event that the applicant must seek a variance to this standard, the variance request must include a plan prepared by a RI registered Land Surveyor which depicts the relationship of the proposed facility to the effected property line(s) and their extensions. Following construction the applicant shall submit an as-built plan stamped by a RI registered land surveyor showing the as-built location along with the CRMC designer's dock as-built form required by § 1.3.1(D)(11)(t) of this Part. Any discrepancy from the CRMC approved dock location will require relocation of the dock to the approved location.

l. Residential and limited recreational boating facilities shall not extend beyond that point which is:

(1) Twenty-five percent (25%) of the distance to the opposite shore (measured from mean low water), or

(2) Fifty (50) feet seaward of mean low water, whichever is the lesser.

m. All residential and limited recreational docks, piers, and floats shall meet the setback policies and standards contained in municipal harbor management plans and/or harbor ordinances approved by the Council. However, in all cases, residential and limited recreational docks, piers, and floats shall be setback at least fifty (50) feet from approved mooring fields and three-times the U.S. Army Corps of Engineers authorized project depth from federal navigation projects (e.g., navigation channels and anchorage areas).

n. No sewage, refuse, or waste of any kind may be discharged from the facility or from any vessel utilizing it.

o. A Council Assent for a residential or limited recreational boating facility permits the owner to undertake minor repairs of approved facilities without further review, where such repairs will not alter the assented and/or permitted design, capacity, purpose or use of the facility. For the purposes of this Section, minor repairs shall include the repair or replacement of dock decking or planks, hand railings and support, and other activities of a similar and non-substantial nature. Minor repairs do not include alterations to the approved design of the facility, expansion of the facility, or work requiring the use of heavy machinery (such as a pile driver); these activities require that a Certification of Maintenance be obtained from the Council in accordance with § 1.3.1(N) of this Part. Residential boating facilities shall be in continuous and uninterrupted use to meet this standard, in accordance with permit conditions.

p. Materials used for the construction of residential and limited recreational boating facilities shall not include steel or concrete piles.

q. The surface of the dock, pier and float shall be designed in a manner which provides safe traction and allows for the appropriate drainage of water.

r. Geologic site conditions shall exist which are appropriate for driven pile structural support.

s. As part of a residential or limited recreational boating facility, the terminal float may be designed such that it facilitates the access of small vessels such as kayaks, dinghies, personal water craft, etc., onto the float, provided that all other programmatic requirements are met. Mechanical apparatus to accomplish this shall not exceed twenty-four (24) inches in height from the top of the float.

t. All applicants for residential and limited recreational docks shall submit the CRMC designer's dock as-built form and an as-built survey within thirty (30) days following construction. The as-built survey shall show the following:

(1) Location of the dock in relation to the property lines;

(2) The most seaward end of the dock marked in state plane coordinates; and

(3) The as-built length and width including all terminal floats and boat lifts.

u. Recreational boating facilities other than marinas and those facilities associated with residential development, where applicable, shall follow the design standards contained herein including those described in Table 8 in § 1.3.1(D) of this Part.

v. Lateral access shall be provided under, around or over as appropriate for the site conditions at all new residential docks.

w. In order to minimize impacts to existing areas of submerged aquatic vegetation (SAV) habitat, new residential boating facilities or modifications to existing residential boating facilities shall be designed in accordance with the guidelines and standards contained within § 1.3.1(R) of this Part, as most recently revised. Facilities shall be located along the shoreline so as to impact the minimal amount of habitat possible.

x. The long-term docking of vessels at a recreational boating facility shall be prohibited over SAV. Such facilities shall be used for touch and go only.

y. All residential and limited recreational boating facilities must have affixed to them a registration plate and number located on the seaward face of the most seaward piling. If a facility does not have pilings and/or is generally a floating structure, or is built on crib supports, then the registration plate must be affixed to the seaward face of the most seaward dock or floating dock. Regardless of the type of residential or limited recreational boating facility structure, the registration plate and number must be permanently affixed to the facility on its most seaward face and be visible from the navigation channel or fairway to the structure at all times.

z. Table 8: Minimum design criteria

Min. pile tip diameter	10"	Min/max float freeboard	8"/30"
Min. pile butt diameter	12"	Maximum fetch for residential docks	4 miles
Marina minimum pile embedment	15 feet	Minimum stringer/Joist	3"x10"
Residential minimum pile embedment	10 feet	Minimum through bolt hardware diameter - hot dipped galvanized	¾"
Minimum marina deck and float load	60 psf LL 500 lb concentrate d	Minimum cross bracing	3"x10"
Residential deck load	40 PSF LL 400 LB concentrated	Minimum lag bolt diameter	½"
Min float freeboard *including LL and DL	12"	Minimum water depth at the terminus of recreational boating facilities	18" MLW
Design wind loads	wind gust based on 50 year return and natural period of 60 seconds	Required datum	MLW
Wave conditions (min)	All fixed and floating structure shall be designed for a 3' minimum
Min pile cut off	V zone elevation + float freeboard + 1'

12. Residential and limited recreational docks with excessive fetch standards

a. A location shall be considered to have excessive fetch if there is a twenty degree (20º) sector over four (4) miles in any direction in which wind can blow over the water to generate waves.

b. Boat lifts, suitably designed and installed, are encouraged for docks with excessive fetch.

c. Residential and limited recreational docks with excessive fetch shall provide uplift calculations as part of the required calculation package.

d. All structural elements, including the boat lift, shall be designed to withstand the one hundred (100) year storm frequency, including breaking wave conditions in accordance with ASCE 7 (Minimum Design Loads For Buildings and Other Structures, 2016) and FEMA Manual 55 (Coastal Construction Manual, 2011) incorporated by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

e. All residential and limited recreational docks with excessive fetch shall have an as-built plan on file with the CRMC within thirty (30) days of construction that certifies conformance with the approved plans.

f. All residential and limited recreational docks with excessive fetch shall be inspected and certified every five (5) years by a Registered Professional Engineer licensed in Rhode Island that all elements of the dock and lift system meet the requirements of ASCE 7 (Minimum Design Loads For Buildings and Other Structures, 2016) or FEMA Manual 55 (Coastal Construction Manual, 2011) incorporated by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

13. Residential and limited recreational boating facilities - Violations

a. If a registration plate is not present on a recreational boating facility structure, the CRMC will inform the owner in writing that the owner must secure a registration plate on the dock in accordance with the requirements herein. The dock owner will have 45 days to respond to this written notice. The CRMC may invoke enforcement actions and its fine and fee schedules as specified below.

b. Enforcement actions shall be registered on land evidence records. Upon proof that an enforcement action has been satisfactorily addressed by a property owner in violation of these provisions, the CRMC will notify the property owner in writing that the violation may be removed from the land evidence records. The property owner may then cause the enforcement action to be removed from the land evidence records and shall notify the CRMC and show proof of such removal by registered letter.

c. Each issuance of violation is considered to be a new violation, and subject to the following fine schedule.

14. Residential and limited recreational boating facilities - Fine schedule

a. Registration plate not posted: $1,000

b. Use of plate not registered to dock: $1,000

c. Non-compliance with assent/permit stipulations: Up to $1,000

d. Non-compliance with § 1.3.1(D) of this Part: Up to: $1,000

e. Each subsequent violation: Up to: $1,000 per violation

f. Lost or stolen plates not reported within 60 days: $100

E. Mooring and anchoring of houseboats and floating businesses

1. Policies

a. The Council considers that placement of houseboats and floating businesses in tidal waters is a low priority use of any coastal water body and is acceptable only in limited numbers and in specific areas. Houseboats and floating businesses are not classified as water dependent, since it is not their primary purpose to serve as a means of on water transportation or recreation.

b. When in transit, a houseboat or floating business is considered a boat or vessel and must meet all applicable state and Coast Guard standards and regulations.

c. A Council Assent for a floating business shall include a lease with the Council that shall be determined using fair market value lease rates for the adjacent upland value so that a proper evaluation of uses can be made.

2. Prohibitions

a. Houseboats and floating businesses are prohibited from berthing or mooring in coastal ponds pursuant to R.I. Gen. Laws § 46-22-9.1, and in all Type 1 and 2 waters.

b. Houseboats are prohibited from mooring or anchoring in all other tidal waters of the state unless within the boundaries of a marina.

c. Floating businesses are prohibited from mooring or anchoring in the tidal waters of the state unless within the boundaries of a marina or a port.

d. Discharge of sanitary sewage to tidal waters from houseboats or floating businesses using marina or port facilities by devices other than approved by the Coast Guard is prohibited.

3. Additional Category B requirements

a. Applicants for floating businesses shall:

(1) Demonstrate that there will be no significant deterioration in the quality of the water in the immediate vicinity;

(2) Demonstrate that there will be no significant conflict with such water-dependent uses and activities as recreational boating, fishing, navigation, commerce, and aesthetic enjoyment of the waterfront; and

(3) Demonstrate that there will be no significant conflict with riparian rights or harbor lines.

4. Standards

a. Applicants for either houseboats or floating businesses shall meet all pertinent standards given in § 1.3.1(D) of this Part under standards for residential docks, piers, and floats.

b. Houseboats and floating businesses shall tie into marina or port holding tank pumpout facilities where available.

F. Treatment of sewage and stormwater

1. Policies

a. It is the Council's policy to maintain and, where possible, improve the quality of coastal wetlands, contiguous freshwater wetlands, freshwater wetlands in the vicinity of the coast, groundwater resources and tidal and salt pond surface waters. In so doing, the Council requires the use of low impact development (LID) strategies as the primary method of stormwater management to reduce the volume of stormwater runoff to surface waters, recharge groundwater supplies, and improve overall water quality.

b. It is the Council's policy to minimize the amount of onsite wastewater treatment system (OWTS) derived nitrates and other potential contaminants which may leach into salt ponds and all other Type 1, 2, and 3 waters.

c. The Council encourages applicants for a CRMC Assent to install, alter or repair an OWTS to meet on site with CRMC staff prior to undertaking of OWTS groundwater and soil tests to discuss the location of the system and buffer zones, where applicable.

d. It is the Council's policy to require the proper management and treatment of stormwater through the preparation and implementation of a stormwater management plan in accordance with the most recent version of RIDEM Rhode Island Stormwater Design and Installation Standards Manual, and which satisfies the requirements of the RICRMP and any applicable Special Area Management Plan.

e. The most recent version of the RIDEM Rhode Island Stormwater Design and Installation Standards Manual provides the appropriate methods for the preparation of stormwater management plans and the treatment of stormwater using LID practices and methods within the CRMC's jurisdiction. The Council also recognizes that the most recent version of the Rhode Island Soil and Erosion and Sediment Control Handbook (http://www.dem.ri.gov/programs/water/permits/ripdes/stormwater/soil-erosion.php), and its amendments, published jointly by the Rhode Island Department of Environmental Management and the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) provides additional guidance and supplemental information with respect to the management and treatment of stormwater.

f. It is the Council's policy that all stormwater management plans shall take into consideration all potential impacts associated with the discharge of stormwater runoff into the coastal environment. Potential impacts include, but are not limited to, the following:

(1) Impacts to salt marshes such as changes in species composition due to the introduction of freshwater to high marsh areas;

(2) Changes in the salinity of receiving waters;

(3) Thermal impacts to receiving waters;

(4) The effects of introducing stormwater runoff to receiving waters with low dissolved oxygen concentrations; and

(5) Other potential water quality impacts.

g. The Council's policy is to ensure that all projects are planned, designed, and developed in order to:

(1) Protect areas that provide important water quality benefits and/or are particularly susceptible to erosion and sediment loss;

(2) Limit increases of impervious surface areas, except where absolutely necessary;

(3) Limit land disturbance activities such as clearing and grading and cut and fill to reduce erosion and sediment loss; and

(4) Limit disturbance of natural drainage features and vegetation. Additionally, stormwater management practices should be designed as landscape amenities to include native plant species on project sites. The Council recommends applicants to use the "Rhode Island Coastal Plant Guide," an interactive, web-based plant list prepared by the URI Cooperative Extension Education Center in consultation with the CRMC and available online at: www.crmc.ri.gov/coastallandscapes.html.

h. To show that a proposed development has met a standard to the maximum extent practicable, the applicant must demonstrate the following:

(1) All reasonable efforts have been made to meet the standard in accordance with current local, state, and federal regulations;

(2) A complete evaluation of all possible management measures has been performed; and

(3) If full compliance cannot be achieved, the highest practicable level of management is being implemented.

2. Prerequisites

a. Applicants seeking a Council Assents to construct, alter, or repair onsite wastewater treatment systems or point source discharges shall first obtain the requisite permit(s) from the Department of Environmental Management.

b. The discharge standards, effluent limitations and pretreatment standards established for the discharge of pollutants to waters of the State under the Rhode Island Pollutant Discharge Elimination System (RIPDES) program, and administered by the Department of Environmental Management (DEM), are the State's water pollution control requirements. Applicants for projects for which an Individual RIPDES Permit is required shall obtain said permit from DEM and submit the Individual RIPDES Permit with the CRMC Assent application. Note: Projects that are eligible to submit a Notice of Intent (NOI) for coverage under a RIPDES General Permit are not required to submit the RIPDES Authorization with the CRMC Assent application. Applicants for such projects, however, are encouraged to file a Notice of Intent (NOI) with DEM concurrently with their CRMC application to allow a coordinated review between the agencies.

c. The Council shall formally review proposed actions only after all other applicable state/local requirements have or will be met. The Council, however, will comment on preliminary plans for major facilities to assist in the planning process.

d. The Executive Director or the Council may require that an applicant obtain a DEM System Suitability Determination, as provided in the DEM OWTS Rules (250-RICR-150-10-6), for onsite wastewater treatment systems that pre-date 1968.

3. Prohibitions

a. Point source discharges of sewage and/or stormwater runoff are prohibited on unconsolidated coastal banks and bluffs.

b. New and enlarged stormwater discharges to the high salt marsh environment bordering Type 1 and Type 2 waters and within salt marshes designated for preservation which border Type 3, 4, 5, and 6 waters are prohibited. Stormwater discharges to existing well flushed tidal channels within high marshes shall not be subject to this prohibition. All such discharges, however, shall meet the applicable standards contained herein.

c. Point source discharges of sewage are prohibited in Type 1 waters.

4. Standards

a. For Onsite Wastewater Treatment Systems (OWTS):

(1) See standards in § 1.3.1(B) of this Part (Filling, removing, or grading).

(2) The construction, repair or alteration of all OWTS and components shall conform to the standards set forth in the most recent RIDEM Rules Establishing Minimum Standards relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems promulgated by the Department of Environmental Management (referred to herein as DEM OWTS Rules (250-RICR-150-10-6)).

(3) Site grading around the OWTS shall direct the flow of surface runoff water away from the OWTS and meet all applicable requirements of the DEM OWTS Rules.

(4) Sub-drains constructed to lower groundwater levels in an area where an OWTS will be located shall:

(AA) Conform to all applicable DEM rules;

(BB) Have no piping located between the anticipated OWTS and the shoreline; and

(CC) Have exposed outfalls suitably protected against shoreline erosion and scour.

(5) When new construction, renovation or a change of use is proposed for existing buildings, an OWTS Suitability Determination shall be obtained by the applicant from the Department of Environmental Management to indicate that the existing OWTS meets all applicable DEM OWTS Rules or the applicant shall submit a building official document indicating that a DEM OWTS Suitability Determination is not required.

(6) Connections to OWTS and cesspools that are abandoned shall be removed, blocked, or otherwise disconnected, and abandoned cesspools and septic tanks shall be pumped dry and filled with clean fill in accordance with all applicable DEM OWTS Rules.

(7) Where necessary, barriers shall be constructed to prevent vehicles from passing or parking over septic systems, unless permissible in accordance with DEM OWTS Rules.

(8) The repair of OWTS along the Rhode Island south shore from Watch Hill to Narragansett shall conform to the DEM "OWTS Repair Guidance in Critical Erosion Areas."

b. The requirements of the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8) shall apply to all CRMC applications.

c. For stormwater management the Council requires, in accordance with the "Smart Development for a Cleaner Bay Act of 2007" (see R.I. Gen. Laws Chapter 45-61.2), that all applicable projects meet the following requirements:

(1) Maintain pre-development groundwater recharge and infiltration on site to the maximum extent practicable;

(2) Demonstrate that post-construction stormwater runoff is controlled, and that post-development peak discharge rates do not exceed pre-development peak discharge rates; and

(3) Use low impact-design techniques as the primary method of stormwater control to the maximum extent practicable.

d. Residential, commercial, industrial or public recreational structures as defined in § 1.3.1(C) of this Part shall provide treatment and management of stormwater runoff for all new structural footprint expansions, including building rooftops, greater than six (600) hundred square feet in size and any new impervious pavement, driveways, sidewalks, or parking areas, regardless of size. Applicable projects shall submit a stormwater management plan that demonstrates compliance with the eleven (11) minimum stormwater management standards and performance criteria as detailed in the most recent version of the RIDEM Rhode Island Stormwater Design and Installation Standards Manual. Single-family dwelling projects, however, may meet these provisions as detailed below in §§ 1.3.1(F)(3)(h) and (i) of this Part, below.

e. Roadways, highways, bridges, and other projects subject to § 1.3.1(M) of this Part shall provide treatment and management of stormwater runoff for all new impervious surfaces. These projects shall submit a stormwater management plan that demonstrates compliance with the eleven (11) minimum stormwater management standards and performance criteria as detailed in the most recent version of the RIDEM Rhode Island Stormwater Design and Installation Standards Manual. Any improvement projects to existing roads, highways and bridges and other projects subject to § 1.3.1(M) of this Part that result in the creation of new impervious surfaces shall provide treatment and management of stormwater as above for all new impervious surfaces. Maintenance activities such as pavement resurfacing projects, replacement of existing drainage systems, minor roadway repairs, or emergency roadway and drainage repairs are excluded from these requirements provided the project does not result in an expansion of the existing impervious surface area, new or enlarged stormwater discharges, or the removal of roadway materials down to the erodible soil surface of ten thousand (10,000) square feet or more of existing impervious area.

f. Unless exempted as a maintenance activity herein, any redevelopment that disturbs ten thousand (10,000) square feet or more of existing impervious surface coverage shall comply with Minimum Stormwater Standard 6: Redevelopment and Infill Projects of the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8). Maintenance activities subject to § 1.3.1(N) of this Part are excluded from these requirements provided there is no expansion of the existing impervious surface area and no new or enlarged stormwater discharges resulting from the maintenance activity.

g. All stormwater management plans shall take into consideration potential impacts associated with the discharge of stormwater runoff into the coastal environment. Applicants shall address these potential impacts to include, but not limited to, the following:

(1) Impacts to coastal wetlands such as changes in species composition due to the introduction of freshwater to high marsh areas;

(2) Changes in the salinity of tidal receiving waters;

(3) Thermal impacts to receiving waters;

(4) Effects of introducing stormwater runoff to receiving waters that have low dissolved oxygen concentrations; and

(5) Other potential water quality impacts as may be identified by CRMC staff.

h. Applicants for single-family residential dwellings and accessory structures shall treat the stormwater runoff water quality volume (WQv) from all new building rooftops greater than six (600) hundred square feet in size and any new impervious driveways and parking areas, regardless of size. All dwelling and accessory structure rooftop expansions constructed within a twelve (12) month period shall be counted towards the six hundred (600) square foot threshold. Once the six hundred (600) square foot threshold is exceeded, stormwater management must be provided for all rooftop expansions constructed within that 12-month period. Applicants for single-family dwelling projects may use the design guidance and performance criteria in the most recent version of the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8) or the most recent version of the RI Stormwater Management Guidance for Individual Single-Family Residential Lot Development. Applicants for single-family dwellings and accessory structures on CRMC-designated barriers shall manage stormwater runoff as provided in § 1.3.1(F)(4)(i) of this Part below. Pretreatment of stormwater runoff is not required for single-family residential applications.

i. Applicants for single-family dwellings and accessory structures located on CRMC-designated barriers shall manage stormwater runoff as follows:

(1) Runoff from rooftops shall be directed by non-erosive sheet flow onto vegetated areas surrounding the dwelling or accessory structure; and

(2) Construction of driveway and parking surfaces shall be limited to crushed stone, crushed shell, open plastic grid systems filled with sand, gravel or vegetation, or any combination of the preceding, to prevent damage to other properties during major storm events. Stormwater runoff shall be directed by non-erosive sheet flow onto vegetated areas alongside the driveway or parking area.

j. New or enlarged stormwater discharges to salt marshes and well flushed tidal channels within high marshes shall only be permitted when the applicant can clearly demonstrate that no reasonable alternatives exist (e.g., no other discharge locations having a gravity flow outlet are available and impervious surfaces have been kept to an absolute minimum) and when no adverse impacts to the salt marsh will result. In these instances, the applicant shall meet all applicable standards contained in the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8). This standard does not apply to low salt marsh environments with an average width along the property of less than thirty-five (35) feet.

k. Stormwater open drainage and pipe conveyance systems must be designed to provide adequate passage for flows leading to, from, and through stormwater management facilities for at least the ten (10) year, twenty-four (24) hour Type III storm event. Applicants may not be required to control post-development peak discharge rates at pre-development peak discharge rates provided the project design provides for non-erosive stormwater discharges to tidal waters.

l. Applicants may be required to submit a pollutant loading analysis to demonstrate that a proposed project will not unduly contribute to, or cause, water resource degradation when such projects are located in sensitive coastal resource areas. When a pollutant loading analysis is required, the applicant shall use the method detailed in the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8). If the Council determines that any proposed stormwater discharge will result in an unacceptable discharge of pollutants to the tidal waters of Rhode Island, the Council shall require the applicant to mitigate the pollutant loads to acceptable levels using the practices detailed in the stormwater rules. Frequently, this can be accomplished using these practices in series to achieve higher pollutant removal efficiencies.

m. The use of proprietary hydrodynamic (swirl) separator or filter devices shall be limited to pre-treatment applications only, unless the device has met the requirements of the Technology Assessment Protocol (TAP) as detailed in the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8). The CRMC may, however, approve such devices in situations where end-of-pipe retrofit solutions are the only alternative available when site constraints limit the use of standard low impact development methods for the treatment and management of stormwater runoff. In such circumstances, however, the use of such proprietary devices shall conform to the standards and performance criteria set forth in the most recent version of the RIDEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8) to the maximum extent practicable.

n. For outfalls:

(1) Work on outfalls, drainage channels, etc., shall proceed from the shoreline toward the upland in order that no unfinished or un-stabilized lower channel portions be subjected to erosion-producing velocities from upstream. If this cannot be accomplished, all flow shall be diverted from the unfinished areas until stabilization is completed.

(2) Where possible, outfall pipe slopes shall be designed for an exit velocity of less than five (5) feet per second.

(3) Screens or grates shall be placed over the end of large outfalls to trap debris.

(4) Beaches or other coastal features in front of outfalls shall be returned to original grade.

(5) Riprap placed on beaches shall not increase the grade of the beach higher than one foot in order to maintain lateral access below mean high water.

(6) Riprap shall be compact, hard, durable, angular stone, with an approximate unit weight of one hundred sixty-five (165) lbs./cubic foot.

(7) Riprap shall be placed with an adequate bedding of crushed rock or other suitable filtering material.

o. Applicants with new or modified single-family dwelling projects subject to the stormwater management provisions herein shall submit the following information:

(1) 8.5 x 11 inch site plan depicting the location of all structural stormwater (LID or otherwise) components; and

(2) Operation & Maintenance Plan consistent with CRMC guidance to ensure long-term maintenance and operation of the stormwater structural practice(s) on the site.

p. Applicants for all other projects subject to the stormwater management provisions herein shall submit the following information:

(1) 8.5 x 11 inch site plan depicting the location of all structural stormwater (LID or otherwise) components;

(2) Operation & Maintenance Plan that meets the specifications detailed in the most recent version of the RIDEM Rhode Island Stormwater Design and Installation Standards Manual; and

(3) Following completion of the approved project, a post-construction certification by a Rhode Island registered P.E. and Rhode Island registered Landscape Architect, where required, demonstrating that all stormwater structures, LID components, and requisite planting materials necessary for the function of the stormwater management system were installed in accordance with the approved permit, specifications and approved site plans.

G. Shoreline protection

1. Policies

a. The Council prefers nonstructural shoreline protection methods over all other shoreline protection methods for controlling erosion such as stabilization with vegetation and beach nourishment due to their effectiveness in preserving beaches, natural shoreline habitats and sediment dynamics.

b. In most cases the Council prefers hybrid shoreline protection methods over structural shoreline protection methods due to their effectiveness in preserving beaches, natural shoreline habitats and sediment dynamics as compared to structural shoreline protection.

c. Where structural shoreline protection may be authorized riprap revetments are preferred to vertical steel, timber, or concrete seawalls and bulkheads except where vertical structures may be proposed to service ports, marinas and other water dependent uses bordering Types 3, 5 and 6 waters. All of these forms of structural shoreline protection are considered to be permanent, not temporary structures.

d. When structural shoreline protection is proposed, the Council shall require that the owner exhaust all reasonable and practical alternatives including, but not limited to, the relocation of the structure(s) intended to be protected, landward re-contouring of the shoreline to create a more dissipative profile, and nonstructural and hybrid shoreline protection methods.

e. Any sheet pile walls, concrete or stone walls, or other structures that are located within the fifty (50) foot minimum setback or the erosion setback pursuant to § 1.1.9 of this Part and which would extend to a depth below grade to protect land or structures from active or future shoreline erosion shall be defined as structural shoreline protection. Such structures shall comply with the policies, prerequisites, prohibitions, and standards of this Part.

f. Pursuant to § 1.3.6 of this Part, new shoreline protection shall be designed and constructed to not unreasonably interfere with the public's right to lateral shoreline access, as the public has a right to lateral access along the shoreline as provided within the Rhode Island Constitution. It is the Council's policy to require applicants to provide appropriate on-site access of a similar type and level to that which will be impacted by the project.

2. Prerequisites

a. Permits for hybrid or structural shoreline protection projects with any portion of the project located below the high tide line must be obtained concurrently from the Army Corps of Engineers and the CRMC. Army Corps and CRMC requirements are designed to complement one another; applicants should consider the requirements of both agencies when beginning the permit process. In some cases, the CRMC may require an applicant to obtain applicable Army Corps of Engineers permits prior to applying to the Council. A CRMC Assent is not valid unless the applicant has received all required Army Corps of Engineers approvals. For purposes of federal consistency the CRMC shall require applicants to submit a copy of the completed Army Corps of Engineers application to the CRMC to partially fulfill the federal requirements pursuant to 15 C.F.R. § 930.

b. Hybrid or structural shoreline protection projects that require an Army Corps of Engineers permit or that are located below the high tide line also require a RI Department of Environmental Management water quality certification. A CRMC assent is not valid unless the applicant has received all required RI Department of Environmental Management approvals.

3. Prohibitions

a. The Council shall prohibit new hybrid and structural shoreline protection on barriers classified by the CRMC as undeveloped, moderately developed, and developed as well as shorelines abutting Type 1 waters, unless the shoreline is determined by the CRMC to be a manmade shoreline as defined within § 1.1.2 of this Part or is permissible under § 3.4.12 of this Subchapter.

b. The Council shall prohibit the use of hybrid or structural shoreline protection to protect undeveloped land or structures not integral to the primary structure.

c. Filling on a coastal feature or tidal waters beyond that which is consistent with § 1.3.1(G)(5)(a) of this Part is prohibited.

d. Shoreline protection is prohibited when proposed to be used to regain property lost through historical erosion or storm events, unless the project is a marsh sill designed for wave attenuation as part of a marsh creation, enhancement, or restoration project.

e. The construction of new seawalls and bulkheads is prohibited, except for shorelines bordering Types 3, 5 and 6 waters where the proposed seawall or bulkhead directly serves a water-dependent use or where an applicant demonstrates to the satisfaction of the CRMC that there is no technically feasible alternative.

4. Additional Category B Requirements

a. Applicants for new hybrid shoreline protection shall, on the basis of sound professional information, demonstrate in writing all of the following:

(1) An erosion hazard exists due to natural erosion processes and the proposed hybrid shoreline protection has a reasonable probability of controlling this erosion problem;

(2) Nonstructural shoreline protection has not worked in the past or will not work in the future because these methods are not suitable for the site conditions;

(3) There are no practical or reasonable alternatives to the proposed activity such as the relocation of existing structures that would relieve the need for hybrid shoreline protection;

(4) The proposed practice is not likely to increase erosion or disrupt shoreline sediment dynamics that sustain adjacent natural shoreline features and the stability of the shoreline on either side of the project;

(5) Describe the long-term maintenance plan for the hybrid shoreline protection project including addressing storm damage; and

(6) Plans for hybrid shoreline protection practices shall be prepared by an appropriate design professional (e.g., registered professional engineer, landscape architect or land surveyor).

b. Applicants for structural shoreline protection measures to control erosion shall, on the basis of sound professional information, demonstrate in writing all of the following:

(1) An erosion hazard exists due to natural erosion processes and the proposed structural shoreline protection has a reasonable probability of controlling this erosion problem;

(2) Nonstructural and hybrid shoreline protection has not worked in the past or will not work in the future because these methods are not suitable for the present site conditions;

(3) There are no practical or reasonable alternatives to the proposed activity such as the relocation of existing structures that mitigate the need for structural shoreline protection;

(4) The proposed structure is not likely to increase erosion or disrupt shoreline sediment dynamics that sustain adjacent natural shoreline features, or adversely affect the stability of the shoreline on either side of the project;

(6) Describe the long-term maintenance program for the structure including storm damage, the ability to rebuild the structure following storm damage and financial commitments to pay for said maintenance;

(7) New structural shoreline protection shall be designed and certified by a registered professional engineer; and

(8) Describe all likely impacts that the structural shoreline protection may have on the continued public lateral beach access. If lateral public access will be impacted at any time, a lateral public access plan shall be provided, except where preempted by federal law (e.g., U.S. Coast Guard Maritime Security (MARSEC)).

c. Applicants for breakwaters and jetties in addition to § 1.3.1(G)(a) and (b) of this Part above shall demonstrate that the proposed structure is necessary to provide protection to a marina, port facility, public mooring area, or public beach area.

d. Applicants for breakwaters and jetties shall also provide an evaluation of the structure's potential for interrupting the longshore movements of sediment. If such an interruption is likely to be significant, the applicant shall design a sand bypass system or another measure that will assure that the effects on sediment transport shall not cause significant erosion or interrupt sediment supply to adjacent natural shoreline features. Where it is determined a sand bypass system is necessary, but will not be practicable or functional considering the site conditions, the Council may deny an application for a breakwater or jetty.

e. Repair or reconstruction of all structures on the subject parcel that are physically destroyed fifty percent (50%) or more by wind, storm surge, waves or other coastal processes shall require a new Council Assent.

5. Standards

a. All applicable standards for earthwork in § 1.3.1(B) of this Part shall be met. The base of the seawall, bulkhead, revetment or toe-of-slope protection for hybrid shoreline protection must be located as close as practicable to the shoreline feature it is designed to protect. Nonstructural, hybrid and structural shoreline protection shall be placed landward of coastal wetlands unless the project is a marsh sill designed for wave attenuation as part of a marsh creation, enhancement, or restoration project.

b. The ends of nonstructural, hybrid and shoreline protection structures shall be tied into adjacent structures. Where there are no adjacent structures, the new structure shall gradually return to the slope of the feature and be so designed to minimize erosion around the back of the structure.

c. For a practice to be considered hybrid shoreline protection, stone may only be used for toe-of-slope protection or intertidal sill creation. For the purposes of this Section, toe-of-slope protection shall not extend more than two (2) feet vertically from the bottom of the bank or scarp along low energy shorelines (i.e., fetch less than 1.5 miles) and four (4) feet vertically from the bottom of the bank or scarp along high energy shorelines (i.e., fetch greater than 1.5 miles). Stone may be gathered from the coastal beach directly in front of and no more than twenty-five (25) feet seaward of the proposed hybrid shoreline protection to be used for toe-of-slope protection or intertidal sill construction. However, no materials may be gathered seaward of the mean high water elevation.

d. All anchoring and connecting components of non-structural, hybrid and structural shoreline protection shall be clearly shown on site plans. All anchoring and connecting components shall be removed upon exposure unless being repaired or replaced as part of CRMC approved maintenance.

e. The base of all shoreline protection built on unconsolidated sediments shall extend to a depth equivalent to mean low water or to an appropriate depth as determined by the methods detailed in the most recent version of the U.S. Army Corps of Engineers Coastal Engineering Manual. Where practicable, the base shall extend to a depth of three (3) feet below the area of disturbance.

f. To promote good drainage behind seawalls and bulkheads, and to minimize the flow of sediment into waterways and avoid the loss of backfill, all backfill must contain less than ten percent (10%) silt. If sediment in the area is fine grained, a filtering layer shall be placed behind and/or beneath the structure, consisting of suitably graded stone or rock chips or geotextile filter fabric. Weep holes shall be provided for drainage in sea walls and bulkheads. The use of grout or concrete within, behind, or over revetments is not permitted.

g. Where feasible, the areas in back of the structural shoreline protection shall be level for a distance equivalent to its height.

h. The slope of revetments shall not exceed 1:1 and the slope of non-structural and non-structural components of hybrid shoreline protection and associated soil shall not exceed 2:1.

i. Riprap revetments shall be constructed of angular stone with a minimum unit weight of 165 lbs./cubic foot (such as granite). The size of stone shall be dependent upon the site's exposure to wave energy in accordance with the US Army Corps of Engineers Coastal Engineering Manual.

j. Applications for structural shoreline protection shall be designed and stamped by a registered professional engineer.

k. Applicants for hybrid shoreline protection, as provided for in § 1.3.1(G)(4)(a) of this Part, and include small-scale toe-of-slope protection as part of a hybrid protection project shall be designed by an appropriate design professional (e.g., registered professional engineer, landscape architect or land surveyor).

l. Concrete used for sea wall construction along the shore and in tidal waters shall be resistant to the sulfate attack of seawater; Type 2 or Type 5 air entraining Portland cement or an equivalent shall be used.

m. All shoreline protection construction activities shall minimize any adverse impact to water quality such as disturbance of sediment.

n. Applicants shall provide appropriate on-site lateral shoreline access of a similar type and level to that which will be impacted by the proposed project. Applicants shall submit a plan detailing the lateral public access over or around the landward side of the proposed structure.

o. The seaward extent of the toe of shoreline protection shall be tied into an existing shoreline feature (e.g., bluff, revetment, seawall, etc.) within the applicant's property boundary and depicted on the site plan.

p. All previously required coastal buffer zones or existing areas of natural vegetation landward of the shoreline protection structure must be preserved, or replaced where disturbed, and retained in an undisturbed condition.

q. Where no buffer zone or natural vegetation exists, an area no less than fifteen (15) feet wide immediately landward of the shoreline protection structure shall be restored to native, deep-rooted (i.e., tree or shrub) vegetation to minimize erosion from upland stormwater flows and overtopping storm surge.

r. A twenty-five (25) foot setback shall be maintained between the buffer zone or natural vegetation and nearby structures, excluding any associated residential structures as defined in § 1.1.2 of this Part.

6. Maintenance and repair of shoreline protection

a. The maintenance or repair of shoreline protection shall not extend beyond one (1) foot seaward of the existing toe of the structure. In most cases, expansion of the shoreline protection structure beyond one (1) foot seaward of the existing toe and one (1) foot vertical above the existing or shoreline protection elevation will be considered new construction.

b. Maintenance and repair of existing structural shoreline protection shall be the minimum that is required to maintain the functional viability or structural integrity. In the case of riprap revetments, the addition of limited quantities of riprap armor stone to existing damaged revetments may be allowed as a maintenance activity provided that no impact to coastal resources or lateral access results. All maintenance shall be in accordance with the policies and standards of the Coastal Resources Management Program.

c. In the case of shoreline protection that has undulating horizontal sections, the sections may be straightened in order to reduce erosion from the concentration of wave energy, provided the repair and maintenance of the structure is in accordance with § 1.3.1(G)(6)(a) of this Part.

d. It is required that seawalls eligible for maintenance and that require replacement, pursuant to § 1.3.1(N) of this Part, be replaced with a riprap revetment, hybrid shoreline protection or nonstructural shoreline protection. Approved replacement shoreline protection shall begin at the existing toe of the seawall (no farther seaward) and extend landward.

e. All maintenance and repair activities shall minimize any adverse impact to water quality such as disturbance of sediments.

f. All applicable standards for earthwork in § 1.3.1(B) of this Part shall be met for repair or maintenance activities.

g. In low energy environments, all maintenance and repair plans for shoreline protection shall be to scale, show property boundaries at the shoreline, provide a reasonable depiction of the mean high water mark and all coastal features, including the shoreline protection structure to be repaired. The plans must also provide an accurate depiction of the work proposed to include a plan view with cross-sections. In certain cases, the CRMC Executive Director may require the submission of plans certified by a RI-registered professional engineer.

H. Energy-related activities and structures

1. Planning for energy facilities

a. Planning policies

(1) For applicable policies and standards pertaining to offshore renewable energy facilities see Subchapter 05 of this Chapter (CRMC Rhode Island Ocean Special Area Management Plan).

2. Siting of energy facilities

a. Policies and regulations

(1) Facilities for the processing, transfer and storage of petroleum products and the production of electrical power provide services necessary to support and maintain the public welfare and the state's economy. Such facilities, whether sited in the coastal region or elsewhere, have a high probability of affecting coastal resources and land uses because of their large size, environmental and aesthetic impacts, and impacts on surrounding land uses and broad development patterns.

(2) In order to properly and effectively discharge legislatively delegated responsibilities related to the location, construction, alteration and/or operation of energy facilities, including facilities for the processing, transfer and storage of petroleum products and the production of electrical power, the Council finds a need to require in all instances a permit for such location, construction, alteration and/or operation within the State of Rhode Island where there is a reasonable probability of conflict with a Council plan or program, or damage to the coastal environment.

(3) The siting, construction, alteration and/or operation of petroleum processing, transfer or storage facilities and power generating facilities within the State of Rhode Island shall require a Council permit when there is reasonable probability demonstrated by reliable and probative evidence that the proposal will:

(AA) Conflict with any Council management plan or program.

(BB) Make any area unsuitable for any uses or activities to which it is allocated by a Council Plan or Program, or

(CC) Significantly damage the environment of the coastal region.

(4) Applicants for energy facilities must consider the projected impacts of climate change, including but not limited to projected storm surge, coastal erosion and sea level rise to these facilities.

(5) Applicants shall be further required to demonstrate by reliable and probative evidence that:

(AA) Alternative sites have been considered and rejected for environmental, economic and/or operational reasons.

(BB) Construction and/or operation will be in conformance with all applicable environmental standards, guidelines and objectives.

(CC) Siting will not cause secondary developments that are inconsistent with the State Guide Plan or approved municipal comprehensive plans.

(DD) Operation will not degrade aquifers or water bodies utilized for public water supply, and

(EE) Adequate procedures for the safe transport and/or disposal of products, materials and/or wastes hazardous to man or the coastal environment will be taken, including emergency containment and cleanup.

(6) Where on the basis of such evidence and/or demonstrations the Council finds a reasonable probability of noncompliance with any applicable policy or regulation, including § 1.3.8(B) of this Part, it shall require appropriate modification of or shall deny the application in question.

(7) Recipients of approved Council permits shall be required to maintain such records as may be necessary to monitor and ensure compliance of facility operations with all applicable Policies as set forth above.

(8) Offshore renewable energy projects shall comply with the policies and standards in Subchapter 05 of this Chapter (CRMC Rhode Island Ocean Special Area Management Plan).

3. Certified verification agent (CVA) requirement for energy-related activities defined in § 1.1.2 of this Part for which the CRMC has jurisdiction or requires a permit in accordance with §§ 1.1.4 and 1.3.3 of this Part, and as required by the CRMC executive director to review projects that are outside the scope of CRMC staff expertise.

a. The CVA, as defined in § 1.1.2(A) of this Part, shall have licensed and qualified professional engineers on staff. The CVA is paid for by the applicant, but is approved by and reports to the Council.

b. The applicant shall not engage a CVA prior to Council approval, and the CVA must be approved by the Council prior to starting construction.

c. The applicant shall use a CVA to:

(1) Ensure that the applicant's facilities are designed and constructed in conformance with accepted engineering practices;

(2) Ensure that repairs and major modifications are completed in conformance with accepted engineering practices; and

(3) Provide the Council immediate reports of all incidents that affect the design and construction of the project.

d. The applicant shall nominate a CVA for the Council approval and shall submit to the Council a qualification statement that includes the following:

(1) Previous experience in third-party verification or experience in the design and construction, or major modification of energy-related activities;

(2) Technical capabilities of the individual or the primary staff for the specific project;

(3) Size and type of organization or corporation;

(4) In-house availability of, or access to, appropriate technology (including computer programs, hardware, and testing materials and equipment);

(5) Ability to perform the CVA functions for the specific project considering current commitments;

(6) Previous experience with the Council requirements and procedures, if any; and

(7) The level of work to be performed by the CVA.

e. Individuals or organizations acting as CVAs shall not function in any capacity that shall create a conflict of interest, or the appearance of a conflict of interest.

f. The verification shall be conducted by or under the direct supervision of registered professional engineers.

g. The applicant shall nominate a new CVA for the Council approval if the previously approved CVA:

(1) Is no longer able to serve in a CVA capacity for the project; or

(2) No longer meets the requirements for a CVA set forth in this subpart.

h. The CVA shall conduct an independent assessment of all proposed:

(1) Operational requirements;

(2) Environmental loading data;

(3) Stress analyses;

(4) Material designations;

(5) Soil and foundation conditions;

(6) Safety factors; and

(7) Other pertinent parameters of the proposed design.

i. The CVA shall do all of the following:

(1) Use good engineering judgment and practice in conducting an independent assessment of the construction of the facility;

(2) Monitor the construction of the facility with periodic site inspections to ensure that it has been built and installed according to the facility design;

(3) Make periodic onsite inspections while construction is in progress; and

(4) Certify in a report that the facility is constructed in accordance with accepted engineering practices.

(AA) The certification report shall also identify the location of all records pertaining to design and construction.

(BB) The applicant may commence commercial operations or other approved activities thirty (30) days after the Council receives that certification report, unless the Council notifies the applicant within that time period of its objections to the certification report.

j. If the CVA finds that design and construction procedures have been changed or design specifications have been modified, the CVA shall inform the applicant and the Council.

k. The CVA shall make periodic onsite inspections while construction of the facility is in progress and shall verify the following items, as appropriate:

(1) Quality control by builder;

(2) Material quality and identification methods;

(3) Adherence to structural tolerances specified;

(4) Nondestructive examination requirements and evaluation results of the specified examinations;

(5) Destructive testing requirements and results;

(6) Repair procedures;

(7) Status of quality-control records at various stages of construction.

l. The CVA shall spot-check the equipment, procedures, and recordkeeping as necessary to determine compliance with the applicable documents incorporated by reference and the regulations under § 1.3.1(H)(3) of this Part.

m. The CVA shall prepare and submit to the applicant and the Council all reports required by § 1.3.1(H)(3) of this Part. The CVA shall also submit interim reports to the applicant and the Council, as requested by the Council. The CVA shall submit one (1) electronic copy and four (4) paper copies of each final report to the Council. In each report, the CVA shall:

(1) Give details of how, by whom, and when the CVA activities were conducted;

(2) Describe the CVA's activities during the verification process;

(3) Summarize the CVA's findings; and

(4) Provide any additional comments that the CVA deems necessary.

n. The applicant shall compile, retain, and make available to the Council representatives, all of the following:

(1) The as-built drawings;

(2) The design assumptions and analyses;

(3) A summary of the design and construction examination records;

(4) Results from the required inspections and assessments;

(5) Records of repairs not covered in the inspection report submitted.

o. The applicant shall record and retain the original material test results of all primary structural materials during all stages of construction. Primary material is material that, should it fail, would lead to a significant reduction in facility safety, structural reliability, or operating capabilities.

p. The applicant shall provide the Council with the location of these records in the certification statement.

q. The Council may hire its own CVA agent to review the work of the applicants CVA. The applicant shall be responsible for the cost of the Council's CVA. The Council's CVA shall perform those duties as assigned by the Council.

4. Prerequisites

a. Applicants must demonstrate that all relevant local zoning ordinances, building codes, flood hazard standards, and all state safety codes, fire codes, and environmental requirements have or will be met.

5. Prohibitions

a. Industrial operations and structures are prohibited in Type 1 and 2 waters or on shoreline features and their contiguous areas abutting these waters.

6. Additional Category B requirements

a. Unless preempted under the regulations of the Federal Energy Regulatory Commission the following summary defines the scope of the topics that shall be addressed by applicants for power generating and petroleum processing and storage as they apply to construction, operation, decommissioning, and waste disposal:

(1) Environmental impacts,

(2) Social impacts,

(3) Economic impacts,

(4) Alternative sites,

(5) Alternative means to fulfill the need for the facility,

(6) Demonstration of need, and

(7) Consistency with state and national energy policies.

b. Shorefront sites shall demonstrate the need for access to navigable waters or cooling and/or process water.

c. The above requirements for energy facilities do not have to be addressed if the proposal is for an electrical generating facility of forty (40) megawatt capacity or less, or for a petroleum storage facility of less than two thousand four hundred (2,400) barrel capacity. Such small-scale facilities shall be considered commercial or residential structures (see § 1.3.1(C) of this Part).

7. Standards

a. See standards given in "Filling, removing, or grading" in § 1.3.1(B) of this Part, as applicable.

b. See standards given in "Residential, commercial, industrial, and public recreational structures" in § 1.3.1(C) of this Part, as applicable.

c. See standards given in "Treatment of sewage and stormwater" in § 1.3.1(F) of this Part, as applicable.

8. Transfer of petroleum products

a. Policies and regulations for transportation by vessel

(1) All vessels engaged in the transportation of petroleum products in the waters of the state shall comply with all applicable federal, state, and local laws and regulations.

(2) It shall be the adopted policy of the Council to support the Coast Guard in the following actions:

(AA) Implementation of an oil spill contingency plan for southern New England in cooperation with appropriate bodies in other states.

(BB) Re-evaluation and upgrading of vessel design standards especially as these relate to the prevention and/or mitigation of accidental spills of petroleum products.

(CC) Re-evaluation and upgrading of operational rules relating to transport of petroleum products in near shore waters and coastal embankments.

(DD) Formulation of standards for crew training and qualification of all vessels including barges utilized in the transport of petroleum products.

(3) The storage of liquefied natural gas (LNG) and liquefied petroleum gas (LPG) may have impacts to Rhode Island's coastal resources and use, and the Council will evaluate and weigh these impacts.

b. Policies and regulations for transfer via pipeline:

(1) The siting and construction of any pipeline in or across the land and/or tidal water bodies of the Rhode Island coastal region shall require a Council permit.

(2) Applicants for such a permit shall demonstrate by a fair preponderance of evidence that the proposed action will not:

(AA) Conflict with any Council management plan or program;

(BB) Make any area unsuitable for any uses or activities to which it is allocated by a Council management plan or program, or

(CC) Significantly damage the environment of the coastal region.

(3) In addition to those requirements set forth in § 1.3.1(H)(2) of this Part, it shall be further demonstrated by reliable and probative evidence that the coastal resources are capable of supporting the proposed activity including the impacts and/or effects related to:

(AA) Scheduling and duration of construction relative to recreational, wildlife and fisheries use of affected areas;

(BB) The degree and nature, if any, of site reclamation proposed; and

(CC) Exposure of the proposed pipelines to hazardous bottom conditions.

c. Policies and regulations for vessel to vessel transfer

(1) Transfer operations for petroleum and petroleum products. Pre-transfer conference: No person shall commence or cause to be commenced or consent to the commencements of bulk oil transfer operations unless the following items have been reviewed, agreed upon, and compiled with by personnel of the vessels involved.

(AA) A licensed officer or certified tanker man who has full knowledge of the vessel's tanks and cargo handling system shall be in charge of cargo handling for each vessel receiving or discharging oil at all times;

(BB) A sufficient number of adequately trained men shall be assigned to be constantly on duty on the vessels during cargo transfer operations, to keep the transfer operation under constant observation to insure immediate action in case of a malfunction;

(CC) Cargo sequence for loading or discharging products and the proper baseline for each product has been established;

(DD) The handling rate at which oil will be transferred has been established. Reduced rates are required when commencing transfer, changing the lineup, topping off tanks or nearing completion of transfer;

(EE) The amount of time to be given when the offloading vessel desires to start, stop, or change the rate of flow has been determined;

(FF) A positive communication and signal system shall be operable during all transfer operations;

(GG) The emergency procedures to be followed in order to stop and contain any discharge shall have been established; and

(HH) Personnel responsible for transfer shall be clearly identifiable at all times; prior to transfer operations, personnel responsible for transfer shall be made known to each other.

(2) Transfer procedures: No person shall transfer or cause to be transferred or consent to the transfer of any oil from any oil carrying vessel to any other oil carrying vessel unless:

(AA) All equipment through which oil may pass during transfer operations has been inspected visually prior to each operation. Any hose used in the transfer shall be pressure tested annually and shall not be subjected to transfer pressures greater than 75 percent of the last pressure test or greater than the rated hose pressure, whichever is less. All hoses used in the transfer of petroleum products from vessel to vessel shall be marked with a hose number. These markings shall be in color sharply contrasting with the color of the hose and shall be not less than one and one half (1 &1/2) inches high. The operator shall keep a log book of all tests conducted on the individual hoses. This log book shall contain the hose number, the test pressure, the date of test, the place of test, and the signature of the person conducting the test. This log book shall be available for inspection by a representative of the Coastal Resources Management Council;

(BB) Hoses are supported so as to avoid crushing or excessive strain. Flanges, joints and hoses shall be checked visually for cracks and wet spots;

(CC) Hose handling rigs are of a type which allows adjustments for vessel movement and hoses shall be long enough so that they will not be strained by any movement of the vessels;

(DD) Hose ends are blanked tightly when hoses are moved into position to be connected, and also immediately after they are disconnected and drained into a drip pan;

(EE) Hoses are not permitted to chafe on vessels or to be in contact with hot surfaces such as stream pipes or to be exposed to other corrosive sources;

(FF) Mooring lines and lines securing the vessels to each other are tended to prevent excessive movement of the vessels; and

(GG) The surrounding water shall be inspected frequently during transfer operations. A log of all such inspections shall be kept and signed by the person making the inspection and shall be available for inspection by a representative of the Coastal Resources Management Council.

(3) Vessel to vessel transfer: Off-loading requirements: No person shall transfer or cause to be transferred or consent to the transfer of any bulk oil from any oil carrying vessel to any other oil carrying vessel unless:

(AA) Sea valves connected to the cargo piping and stern loading connections are tightly closed and sealed with a numbered seal which is to be logged in the ship's log book;

(BB) The licensed officer on duty must see that all valves and lines in the pump room are properly lined up for discharge. An additional check must be made for the same purpose each time the setting is changed;

(CC) Full rate of discharge is not attained until lines of receiving vessel are proven clear; and

(DD) Upon completion of transfer operations, hoses or other connecting devices shall be vented, blown down, or sucked out to drain the remaining oil. A drip pan shall be in place when breaking a connection and the end of the hose or other connecting devices shall be blanked off before being moved.

(4) Vessel to vessel transfer: Receiving requirements: No person shall transfer, or cause to be transferred, or consent to the transfer of any bulk oil from any oil carrying vessel to any other oil carrying vessel unless:

(AA) All sea valves connected to the cargo piping, stern discharge and ballast discharge valves are closed and sealed with a numbered seal which is to be logged in the ship's log book or some other book or record kept aboard said vessel and available for inspection;

(BB) Special attention is paid during the topping off process to the loading rate, the number of tanks open, the danger of air pockets and the inspection of tanks already loading. Notice of the slowdown for topping must be given to offloading vessel personnel; and

(CC) Upon completion of loading, all tank valves and loading valves are closed. After draining, hoses shall be disconnected and hose risers blanked.

(5) Vessel transfers while at anchor: No vessel while at anchor shall transfer petroleum products while gale warnings (wind velocity thirty-five (35) knots or more) are in effect. Vessel to vessel transfers may only be carried on in anchorage areas designated by the Coastal Resources Management Council. The transfer of fuel for a vessel's own use may take place outside the designated anchorage area, but in no case during gale warnings.

(6) Spillage during transfer: Transfer shall cease if a discharge of oil to the waters of the State occurs during such transfer. Transfer may be resumed when in the judgment of the Coastal Resources Management Council's representative, after consultation, if necessary, with the United States Coast Guard or local authority, adequate steps have been taken to control the spill and to prevent further spillage.

(7) Scuppers: No person shall transfer or cause to be transferred or consent to the transfer of any bulk oil from one oil carrying vessel to another oil carrying vessel unless the scuppers of any such vessel are plugged watertight during the oil transfer. However, it will be permissible to remove scupper plugs as necessary to allow runoff of water provided a vessel crew member stands watch to re-close the scuppers in case of an oil spill.

(8) Illumination: No person shall transfer or cause to be transferred or consent to the transfer of any bulk oil after dark from one oil carrying vessel to another oil carrying vessel unless both vessels are adequately illuminated.

(9) Open hatch transfer: Transfer of oil by means of a hose through an open hatch is prohibited. An exception will be made only when an emergency arises, and this is the only means of moving flammable oil from one vessel compartment to another, or of unloading the vessel for the purpose of reducing or preventing pollution, or for preventing foundering and then only when all possible precautions to prevent discharge to the waters of the state have been taken.

(10) Sample collection: No person shall transfer in bulk nor cause to be transferred from any vessel to another vessel any petroleum product known as residual lube oils or middle distillate fuel until they have taken or cause to be taken a composite sample of such product of not less than one pint from such vessel. Such sample shall be labeled in a fashion prescribed by the Coastal Resources Management Council and retained by said person for use by the Coastal Resources Management Council for a period of not less than sixty (60) days.

(11) Reports and notification. The Council shall be notified at least twelve (12) hours in advance of any transfer of bulk oil from one vessel to another. Should unusual circumstances make it impossible to provide twelve (12) hour notice, the operator shall notify the Council as soon as possible. Notification is not required for transfer of oil for a vessel's own use. The report shall include:

(AA) Names of vessels;

(BB) Approximate amount of oil to be transferred;

(CC) Product type; and

(DD) Expected time and date of vessels arrivals.

(12) Oil spill reporting procedure: In the event of any overboard discharge during vessel to vessel transfer, the person, firm or corporation responsible for the discharge shall immediately undertake to remove such discharge. Responsibility for removal shall remain with the person, firm or corporation responsible for the illegal discharge. For this purpose, the owner shall have readily available adequate essential equipment approved by the Council for the containment and removal of such a discharge, sufficient personnel to deploy and the use of such equipment. In addition to the existing procedures, the following actions are necessary. An initial telephone report of any discharge to the waters of the State shall be made to the Council or Council's representative as soon as practicable but within two (2) hours. The report shall include:

(AA) Time of discharge;

(BB) Location of discharge;

(CC) Type and amount of oil;

(DD) Assistance required;

(EE) Name and telephone number of person making report;

(FF) Other pertinent information; and

(GG) A telephone report shall also be made to the National Response Center at 1-800-424-8802.

(13) Second telephone report: A second telephone report shall be made as soon as adequate information is available but not more than eight (8) hours after the first report. The report shall include:

(AA) Success of containment procedures;

(BB) Actions for removal and success of removal;

(CC) Estimate of area affected by such discharge;

(DD) Assistance required; and

(EE) Other pertinent information.

(14) After removal of such discharge has been completed, the operator shall prepare a complete written report of the occurrence and submit such a report to the Coastal Resources Management Council within ten (10) days. If circumstances make a complete report impossible, a partial report shall be submitted. This report shall include, but not be limited to, the following information:

(AA) Date, time and place of discharge;

(BB) Name of permittee, name of owner of vessel or other party(ies) involved;

(CC) Amount and type of oil discharged;

(DD) Complete description of containment and removal operation including costs of these operations;

(EE) Complete description of circumstances causing discharge;

(FF) Description and estimate of third-party damages;

(GG) Procedures, methods and precautions instituted to prevent a similar occurrence from re-occurring;

(HH) Recommendations to the Coastal Resources Management Council for changes in regulations or operating procedures;

(II) Name and address of any person, firm or corporation suffering damages from the discharge and an estimate of the cost of such damages; and

(JJ) Council telephone number: The Coastal Resources Management Council is available by calling 401-783-3370, or fax number 401-783-3767.

(15) Transfer permit: No person as defined in this Section shall transfer or cause to be transferred or consent to the transfer of any oil from one vessel to another, unless said person holds a valid permit issued by the Coastal Resources Management Council and is abiding by all the conditions set forth in these regulations. Said permit shall be requested on such form as the Council shall from time to time so designate and shall contain such information as the Council shall deem necessary. Upon presentation of the completed request for a permit and the payment of the fee per discharge as identified in Part 10-00-1 of this Title (CRMC Management Procedures), the Council is authorized to issue a valid permit.

(16) Declaration of inspection: A copy of the "Declaration of Inspection" required by the United States Coast Guard shall be in the possession of the operator or his representative and shall be available to the Coastal Resources Management Council representative who shall, on demand, be given the opportunity to satisfy himself that the condition of the vessel is as stated in the "Declaration of Inspection."

(17) Declaration of understanding: A copy of the "Declaration of Understanding" shall be presented by the vessel's pilot to the master of the vessel when the former boards the vessel. No transfer of oil shall be undertaken until such time as the master of the vessel returns the signed "Declaration of Understanding" to the pilot who shall within five (5) days deliver said "Declaration" to the office of Coastal Resources Management Council. Said "Declaration" shall state that the master of the vessel is knowledgeable of these regulations and agrees to abide by same, and that, further, such transfer shall be supervised by a person competent in the transfer of petroleum products from one vessel to another.

(18) Other: Operators shall also complete such other forms, check lists and reports as the Council from time to time may require.

(19) Bunkering and lightering: Nothing in the foregoing regulations should be construed as to prohibit the function of bunkering vessels or when a demonstrated need is shown, the lightering of vessels at a place other than the area designated in these regulations. Such demonstrated need should be evaluated by the Council who is authorized to set temporary regulations for such procedures.

(20) Designated anchorage areas: The area designated in Narragansett Bay East Passage for vessel-to-vessel transfer of oil is that area south of Gould Island and north of the Newport Bridge bounded by the following coordinates:

(AA) Latitude: 41° 30' 41" North; Longitude: 71° 20' 57" West;

(BB) Latitude: 41° 31' 17" North; Longitude 71° 20' 29" West;

(CC) Latitude: 41° 31' 42" North; Longitude: 71° 21' 05" West; and

(DD) Latitude: 41° 30' 49" North; Longitude: 71° 21' 14" West

d. Policies and regulations for vessel to shore transfer:

(1) No person shall transfer nor cause to be transferred from any vessel to a shore installation, any petroleum product known as residual, lube oils or middle distillate fuel until they have taken or cause to be taken a composite sample of such product of not less than one (1) pint from such vessel. Such sample shall be labeled in a fashion prescribed by the Coastal Resources Management Council and retained by said person for use by the Coastal Resources Management Council for a period of not less than sixty (60) days.

(2) Further, subsequent to the shore transfer of such petroleum product from a vessel to a shore installation, the operator of such shore installation shall obtain or cause to be obtained a shore tank composite sample of such product so transferred and such sample be labeled in a fashion prescribed by Coastal Resources Management Council, and retained by said person for use by the Coastal Resources Management Council for a period of not less than sixty (60) days.

e. Policies and regulations for petroleum bulk storage:

(1) The Council finds that shore-front siting of petroleum bulk storage facilities within the confines of existing tank farms is an acceptable use of the state's coastal zone.

(2) The Council shall require permits for such bulk storage facilities and shall require applicants for such permits to meet all evidentiary burdens set forth under the requirements in § 1.3.1(H)(2) of this Part.

(3) Applicants for petroleum bulk storage facilities must consider the projected impacts of climate change, including but not limited to projected storm surge, coastal erosion and sea level rise to these facilities.

(4) Unless there is a demonstrated need, the Council shall not permit expansion of existing tank farms beyond their present bounds, nor shall it permit construction of new petroleum bulk storage facilities in the coastal region.

f. Policies and regulations for the storage and processing of liquefied gases:

(1) The Federal Energy Regulatory Commission (FERC) regulates the natural gas industry and has responsibility for the regulation of pipeline, storage, and liquefied natural gas facility siting and construction.

(2) Transfer of liquefied gases from vessels transporting such gases to bulk storage facilities located in the Rhode Island coastal region is subject to United States Coast Guard regulations.

(3) The storage of LNG and LPG may have impacts to Rhode Island's coastal resources and use, and the Council will evaluate and weigh these impacts.

(4) Siting, construction and operation of facilities for the transfer, bulk storage or re-gasification of liquefied gases shall require a Council permit.

(5) Applicants for such a permit shall be required to meet all permit and regulatory requirements set forth under § 1.3.1(H)(2) of this Part, and to further demonstrate by a fair preponderance of evidence that facility siting and operation will be consistent with preservation of the health and safety of nearby populations.

(6) Applicants will have to show by a preponderance of evidence that new or expanded LNG or LPG facilities will not significantly negatively impact existing coastal resources or uses.

(7) It shall be further demonstrated by reliable and probative evidence that:

(AA) All applicable federal, state and local design material and operating regulations, codes or other such requirements will be complied with;

(BB) Storage tanks will be constructed of proven materials and will be designed and operated within the design limits of pressure relief and emergency venting systems;

(CC) Storage tanks will be sited at sufficient distance from each other and so isolated by terms or containments that accidental release and combustion of gases from one cannot ignite or otherwise damage any other;

(DD) Storage tanks will be sited a sufficient distance from any stored corrosive material likely to damage or weaken such tanks. Each tank will be surrounded by a continuous berm or containment of sufficient diameter and height to contain the entire liquid contents of such tank;

(EE) Any pipeline for the transfer of liquefied gas into or from such a facility or on the premises of such a facility will be provided with dikes or berms capable of containing the largest spill that might occur if such pipeline was ruptured and before it could be drained or shutdown;

(FF) Provision for installation and operation of automatic and continuous monitoring, alarm and shutdown devices must be made;

(GG) Provision for independent emergency power to maintain such emergency and essential operating equipment must be made;

(HH) Provision for fire protection and firefighting including emergency plans, equipment and personnel must be made;

(II) Provisions for spill protection and prevention of ignition must be made; and

(JJ) Provisions must be made for LNG or LPG terminal security.

(8) Vaporization of liquid gasses utilizing fresh or marine water sources shall not be permitted unless such water is recycled. Release of process water to the coastal environment shall only be permitted upon demonstration that no significant environmental damage will result.

g. Policies and regulations for the processing of petroleum products:

(1) Refer to regulatory requirements in § 1.3.1(H)(2) of this Part.

I. Dredging and dredged material disposal

1. Policies

a. The Council shall support necessary maintenance dredging activities in Type 2, 3, 4, 5, and 6 waters, provided environmentally sound disposal locations and procedures are identified.

b. Where beneficial re-use options as set forth in R.I. Gen. Laws § 46-6.1-3 are not practical, the Council favors offshore open-water disposal for large volumes of dredged materials, providing that environmental impacts are minimized.

c. The Council encourages the use of innovative nearshore methods of dredged materials disposal, particularly when small volumes of material must be disposed. These options include but are not limited to the creation of wetlands, shellfish habitat, and beach nourishment in suitable areas.

d. For disposal of dredged material resulting from maintenance dredging operations, a Category A Review may be permitted provided the Executive Director determines that the disposal is conducted consistent with the RIDEM's dredging regulations and that the disposal is at an approved disposal facility, or at an approved federal disposal facility. Category A reviews may also be permitted when:

(1) The upland disposal volume is not greater than ten thousand (10,000) cubic yards (see § 1.3.1(B) of this Part);

(2) The proposal complies with all applicable local zoning ordinances;

(3) Applicable soil erosion and sediment controls are employed (see § 1.3.1(B) of this Part); and

(4) The proposal meets the standards of § 1.1.6(E) of this Part.

e. For beach replenishment, a Category A review may be permitted for the placement of clean sands provided the Executive Director determines that the placement of the materials shall be for beach replenishment only, and the proposal meets the standards of §§ 1.1.4(E) and 1.3.1(I) of this Part as applicable.

f. The Council utilizes and follows the prescribed processes outlined in the army corps regulations and manuals for both upland and in-water dredged material disposal.

g. The Council may require performance assurance bonds for projects that utilize in-water disposal or transit federal channels with loaded scows.

2. Prerequisites: R.I. Gen. Laws § 46-6.1-7 specifies that approvals for dredging and dredged material disposal require Council and DEM approval. Further, the Council, as the lead agency for dredging, shall be the initial point of contact for application submittals. The Council and DEM have developed protocols that set out how proposed dredging activities shall be coordinated for review. A pre-application consultation request with the Council and DEM (and other agencies as appropriate) is an element of these protocols and is strongly encouraged for all applicants.

a. Permits for maintenance and improvement dredging and disposal projects for navigational purposes must be obtained from the Army Corps of Engineers as well as the Council. Council and Army Corps requirements are designed to complement one another; applicants should consider the requirements of both agencies when preparing to begin the permit process and may apply for CRMC and Army Corps permits concurrently.

b. All materials to be dredged for either open water disposal or upland disposal must be classified by the Department of Environmental Management (DEM) based upon an approved analysis process.

c. Any application for open water disposal of dredged materials shall obtain a suitability determination from the Army Corps of Engineers.

d. All applicable requirements of the Freshwater Wetlands Act have or will have been met.

e. Upland disposal of dredged materials must comply with all applicable local zoning ordinances.

f. When disposal is proposed for approved upland facilities, the applicant shall provide a letter of acceptance from that facility, unless the disposal is approved for the central landfill.

g. For dredge volumes greater than ten thousand (10,000) cubic yards, a pre-application meeting may be required as determined by the CRMC.

3. Prohibitions

a. The disposal of dredged materials on or adjacent to coastal wetlands in Type 1 and 2 waters is prohibited unless associated with a Council-approved program of wetland building or rehabilitation. The disposal of dredged materials is also prohibited on coastal wetlands designated for preservation in Type 3, 4, 5, and 6 waters (see § 1.2.2(D) of this Part).

b. No dredging for navigational purposes is permitted in Type 1 waters. Only maintenance dredging may be permitted in Type 2 waters, except as allowed per § 1.2.1(B) of this Part.

c. It is prohibited to utilize any mechanical system to remove, relocate, wash or otherwise alter the seabed in any Rhode Island waters, unless authorized through a council assent. It is also prohibited to remove, relocate, wash or otherwise alter marine sediments with any device or deflector without a permit for the specific equipment, method and location. This regulation is not intended to prohibit or otherwise impact commercial fishing or shellfishing activities in Rhode Island waters or to establish additional permitting requirements for such activities.

4. Additional Category B requirements

a. Applicants for all dredging projects shall provide accurate soundings in the area of the proposed dredging operation.

b. Applicants shall describe any temporary or permanent disturbance to a coastal feature which is required or anticipated in order to gain access for heavy equipment to the dredging or disposal site.

c. When fine-grained sediments are to be removed, the applicant shall employ proper turbidity controls as necessary to control the transport of materials placed in suspension by dredging unless the applicant demonstrates to the Council on the basis of competent professional analysis that such transport will not be significant or will be controlled by other measures.

d. The applicant shall limit dredging and disposal to specific times of the year in order to minimize odors and/or impacts on fish and shellfish unless the applicant demonstrates to the Council on the basis of competent professional analysis that such odors or impacts will not be significant or will be controlled by other measures.

e. Applicants for improvement dredging projects shall describe, on the basis of competent professional analysis, anticipated siltation rates, sediment sources, and anticipated maintenance dredging needs.

f. When dredged materials are removed from a marine to an upland environment for disposal, the applicant shall demonstrate that any release of pollutants present in the materials shall not cause significant environmental degradation.

g. Applicants proposing dredging operations associated with residential boating facilities in Type 2 waters must demonstrate that the purpose is to restore channels and basins to dimensions that support and maintain existing levels of use, and must submit clear and convincing evidence documenting a diminished use of a facility or navigational fairway by natural shoaling or accretion, not merely a need for additional water depth.

5. Standards: All applications submitted to the Council for dredging and disposal shall demonstrate that they have met all applicable sections of the CRMC/DEM dredging application checklist.

a. All materials to be dredged for either open water disposal or upland disposal must be classified by the Department of Environmental Management (DEM). Applicants for dredging or open water disposal of dredged materials shall also be required to obtain a dredging permit (which contains the Section 401 Clean Water Act Water Quality Certification) from the DEM.

b. For dredging:

(1) Bottoms of dredged areas shall slope downward into the waterway so as to maximize tidal flushing.

(2) Bottom slopes at the edges of dredged areas shall have a maximum slope of fifty percent (50%) percent.

(3) Dredging shall be planned so as to avoid undermining adjacent shoreline protection facilities and/or coastal features.

(4) Shellfish dredged from waters classified SB or lower shall not be made available for human consumption or bait.

(5) All dredging at any marina shall be bounded to the footprint of the Marina Perimeter Limit (MPL). Side slopes associated with such dredging shall be allowed to extend beyond the MPL and then only when all adjacent structures are not impacted.

c. For dredged materials disposal in open water:

(1) Dredged materials may not be placed in areas determined by the CRMC to be prime fishing grounds.

(2) Measures must be employed and described to ensure that all dredged materials will be dumped solely within the confines of an approved site.

(3) Hydrographic conditions at the approved disposal site must be such that the disposed dredged materials will remain within the disposal area and that re-suspension of bottom sediments will be minimal.

(4) Following disposal operations involving polluted materials, clean coarse-grained materials may be required be deposited to cap the spoil mound and minimize the release of any potential contaminants to the water column. The cap shall have a minimum thickness of six (6) inches.

(5) The applicant may be required by the Executive Director to provide for an environmental monitoring program designed to detail physical conditions and biological activity at and near the site for a period of at least one (1) year. The results of such programs shall be made public. This shall not apply to disposal into the CAD cell. However, if the monitoring of the disposal of dredged materials at a site is to be performed by, and/or in conjunction with, a state or federally-sponsored monitoring program, then the applicant shall adhere to the requirements of such state or federally sponsored program.

d. For dredged materials disposal into confined aquatic disposal (CAD) cells:

(1) All scows utilized for disposal of material into CAD cells shall be bottom dump design and in good working condition with all seals intact and functional. All scows shall be required to be inspected and approved by the CRMC prior to undertaking any CAD cell disposal operation.

(2) No debris shall be disposed within the CAD cell. All debris generated by dredging operations shall be removed from all dredge material and legally disposed of in accordance with state and federal regulations.

(3) The applicant shall have a dredge quality management (DQM) system installed on the disposal scow. Such system is not required to be certified by the Army Corps of Engineers, but shall include at a minimum position, draft, door open and door closed for all dumping operations. Electronic access shall be available to the CRMC at all times during dredge and disposal operations. The CRMC shall halt all dredging activities if the scow and door positions are not working and visible on the DQM interface that was approved for the project.

(4) All applicants shall pay the current CAD cell disposal fee established by § 10-00-1.4.6(A)(23) of this Title (CRMC Management Procedures).

(5) Following acceptance by CRMC of the pre-dredge survey all dumping into the CAD cell shall be at the location(s) shown on the CRMC dump plan provided to the applicant and contractor. If disposal occurs outside of the CRMC designated locations dredging may be halted until a resolution for the misplacement of material is determined.

(6) Any disposal that occurs outside of the CAD cell limits will result in an immediate halting of dredging operations and the applicant shall be required to remove improperly dumped material from the bottom. Such activity will result in the maximum fine available to the CRMC for each day the improperly dumped material is on the bottom.

e. For dredged materials disposal in the creation of wetlands, aquatic habitat, or island:

(1) Disposal sites must be in sheltered environments which are approved by the Council for such purposes and are not prone to extensive wave or current energies yet subject to sufficient tidal action to provide adequate flushing.

(2) Dredged materials must be pumped or placed into a containment area that will permit sediment consolidation and prevent erosion.

(3) The applicant must provide for an environmental monitoring program designed to detail physical conditions and biological activity at and near the site for a period of at least one year. The results of such a program shall be made public.

(4) All applicable requirements of § 1.3.1(B) of this Part shall be met.

f. For upland disposal:

(1) Dewatering of dredged materials shall occur within a properly designed dewatering facility.

(2) After dewatering, dredged materials placed on uplands adjacent to tidal waters shall be vegetated or otherwise permanently stabilized. Surface slopes of the disposal area shall be graded so as to prevent surface ponding.

(3) Where dredged materials are placed behind a wall or bulkhead:

(AA) The structure shall be suitably engineered to resist the pressures of the dredged material;

(BB) The material, including fines, shall be prevented from seeping through the wall or bulkhead by the placement of an adequate filtering device; and

(CC) All applicable standards listed for shoreline protection facilities in § 1.3.1(G) of this Part shall be met.

(4) All applicable requirements of § 1.3.1(B) of this Part shall be met.

g. Disposal for beach nourishment:

(1) The placement of dredged materials on a beach is a preferred disposal alternative, providing that the materials in question are predominantly clean sands possessing grain size and such other characteristics to make them compatible with the naturally occurring beach material.

(2) In areas where the processes of littoral drift would result in significant re-entry of dredged sediments into a navigable waterway, dredged materials must be placed on the down-drift side of the inlet.

(3) All applicable requirements of § 1.3.1(B) of this Part shall be met.

J. Filling in tidal waters

1. Policies

a. It is the Council's policy to discourage and minimize the filling of coastal waters.

b. Filling which is determined by the Council to be incidental to activities conducted in accordance with § 1.3.1(G) of this Part is not "filling in tidal waters" and is addressed by the policies, prerequisites, prohibitions, requirements, and standards contained in § 1.3.1(G) of this Part.

c. In considering the merits of any given proposal to fill tidal waters, the Council shall weigh the public benefit to be served by the proposal against the loss or degradation of the affected public resource(s).

d. Filling may be permitted where necessary for an approved erosion control or bulkheading project, but only when it has been demonstrated that the amount of filling has been minimized in accordance with the requirements of § 1.3.1(G) of this Part.

e. It is the Council's policy to require a public access plan, in accordance with § 1.3.6 of this Part, as part of any application for filling of tidal waters. A variance from this policy may be granted if an applicant can meet the variance requirements set forth in § 1.1.7 of this Part and demonstrate that no significant public access impacts will occur as a result of the proposed project.

f. In accordance with R.I. Gen. Laws §§ 46-23-6(4)(iii) and 46-23-16, the Council is authorized to grant, modify, or deny licenses, permits, and easements for the use of coastal resources which are held in trust by the state for all its citizens, and impose fees for private use of these resources. Licenses, permits and easements issued by the Council for the use of public trust resources remain subject to the public trust, convey no title, are valid only with the conditions and stipulations with which they are granted, and imply no guarantee of renewal.

g. Filling which is determined by the Council to be incidental to activities conducted in accordance with § 1.3.1(G) of this Part is not "filling in tidal waters" and is addressed by the policies, prerequisites, prohibitions, requirements, and standards contained in § 1.3.1(G) of this Part.

2. Prerequisites

a. Except for federal consistency reviews, applicants for projects requiring filling in tidal waters shall be required to obtain a Section 401 (Clean Water Act 33 U.S.C. §§ 1251 - 1387) Water Quality Certification or its waiver from the Department of Environmental Management (DEM) before the Council can issue an assent for the project. The application for the Section 401 Water Quality Certification will be forwarded to the DEM when all Council Application forms have been completed.

b. Permits for projects requiring filling in tidal waters must be obtained concurrently from the Army Corps of Engineers and the Council. Council and Army Corps requirements are designed to complement one another; applicants should consider the requirements of both agencies when beginning the permit process. In some cases, the Council may require an applicant to obtain applicable Army Corps of Engineers permits prior to applying to the Council. A CRMC Assent is not valid unless the applicant has received all required Army Corps of Engineers approvals.

3. Prohibitions

a. Filling in Type 1 and 2 waters is prohibited.

b. Regulations governing the filling and other disturbances to wetlands are set forth in § 1.2.2(D) of this Part.

c. Filling in Type 3, 4, 5, and 6 waters is prohibited unless:

(1) The filling 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) The filling is the minimum necessary to support the priority use.

4. Fees

a. A fee for filling in tidal waters shall be based on the criteria specified in § 1.1.12 of this Part.

K. Aquaculture

1. Policies

a. The CRMC recognizes that commercial aquaculture is a viable means for supplementing the yields of marine fish and shellfish food products, and shall support commercial aquaculture in those locations where it can be accommodated among other uses of Rhode Island waters. The CRMC recognizes that responsible shellfish aquaculture has a net positive effect on the environment, and therefore it is permissible in all water types. As any human activity can have adverse environmental effects, the Council recognizes the possibility of setting scientifically defensible limits on aquaculture leasing in any particular water body. The CRMC also recognizes that in the framework of adaptive management protocols, research into the ecology of coastal waters and our understanding of ecosystem carrying capacities is constantly evolving and improving.

b. The Council may grant aquaculture activities by permit only. The CRMC may grant aquaculture applicants exclusive use of the submerged lands and water column, including the surface of the water, when the Council finds such exclusive use is necessary to the effective conduct of the permitted aquaculture activities. Except to the extent necessary to permit the effective development of the species of animal or plant life being cultivated by the Permittee, the public shall be provided with means of reasonable ingress and egress to and from the area subject to an aquaculture lease for traditional water activities such as boating, swimming, and fishing. All plant and animal species listed for culture in an aquaculture lease are the personal property of the Permittee.

c. At the discretion of the Executive Director, leaseholders may be required to temporarily remove their aquaculture facilities, which may include all associated gear and cultured species. However, the Council may permit aquaculture facilities to remain if it determines that the temporary removal of these facilities would prove detrimental to coastal resources of the state. Report of such action by the Executive Director shall be made to the full Council at the next regularly scheduled meeting of the Council.

d. The Executive Director may order the removal of any aquaculture facility that is in an obvious state of disrepair or has been determined to be a navigation or public safety hazard. Report of such action by the Executive Director shall be made in writing to the full Council at the next regularly scheduled meeting of the Council.

e. Upon application to renew an existing aquaculture Assent, the Executive Director may administratively renew said Assent for a period not to exceed that period set forth in R.I. Gen. Laws § 20-10-3 for each renewable period, provided the applicant is in conformance with the terms and conditions of the Assent, the aquaculture lease, and with the Coastal Resources Management Program (RICRMP) in effect at the time of renewal provided, further, that the applicant is not seeking any amendments or modifications to the Assent or lease. Report of such action by the Executive Director shall be made in writing to the full Council at the next regularly scheduled meeting of the Council.

f. In the event that a CRMC approved aquaculture operation is determined by the Council to not be actively farmed for a period of one year, the assent and lease shall be deemed null and void and the site shall revert to the State's public use upon order by the CRMC. Actively farmed may be defined by the yearly monetary investment in the farm (e.g., the purchase of seed and supplies and/or proof of sales). Three (3) consecutive years of no proof of sales shall be grounds for revocation of the Assent and lease. The Council may allow the Assent and lease to remain in effect for inactive aquaculture upon a showing by the Assent holder for good cause.

g. The Council may grant an aquaculture Assent for a period not to exceed that period set forth in R.I. Gen. Laws § 20-10-3.

h. It is the Council's policy to prohibit private aquaculture activities in not-approved areas as defined by the National Shellfish Sanitation Program that contain significant shellfish stocks potentially available for relay into approved areas for free and common fishery.

(1) This prohibition shall not apply to the activities of a seed nursery or spat collection, or to the cultivation of scallops, or to private aquaculture operations conducted within the confines of a marina perimeter limit (as set forth in § 1.3.1(D) of this Part), or to projects which are designed, with Council approval, to enhance and restore the public resource.

(2) Aquaculture projects other than shellfish aquaculture proposed for conditionally approved waters that are not closed seasonally and prohibited waters that do not contain significant shellfish stocks potentially available for relay into approved areas for free and common fishery may be granted by the Council provided the applicant provides sufficient evidence that no harm to public health or safety will result. Such activities shall be prohibited unless the applicant provides a written statement from the director of the department of health certifying that the proposed activity will not result in product that is a public health or safety concern.

(3) Authorization may be granted by the Council for activities prohibited by this Subsection provided the operation is for research purposes or public enhancement of the resource and the applicant provides written statements from the directors of the departments of environmental management and health certifying that the proposed activity is consistent with the requirements of the NSSP.

i. When the Council issues an authorization for aquaculture all wild shellfish stock, crustaceans, seaweed, and whelks existing within the authorized area shall remain the property of the state.

j. Applicants for aquaculture operations conducted at marinas using technologies such as an upweller unit may be reviewed as a Category A activity provided that the operation is conducted within a Council-approved marina perimeter.

k. Upweller units at CRMC permitted residential docks, piers and floats may be reviewed as a Category A activity provided that:

(1) Only current Council-approved aquaculture lease holders may propose to utilize upweller units at residential docks;

(2) The inclusion of an upweller is incidental to the permitted use of the dock, pier, or float, and the original use of the structure not be inhibited by the inclusion of an upweller;

(3) All shellfish from the addition of an upweller belong to a licensed CRMC aquaculture leaseholder and that the production from the upweller will go to the owner's lease site; and

(4) All applicable Rhode Island Department of Environmental Management and Rhode Island Department of Health Regulations are followed.

l. A CRMC assent may be issued for upweller units at CRMC permitted residential docks for a period of up to five (5) years, but in no case longer than the length of time remaining on the approved aquaculture leaseholder's permit.

2. Prerequisites

a. Prior to issuing a permit for marine aquaculture within tidal waters, the Council shall obtain and give appropriate consideration to written recommendations from the Director or his or her designee of the Department of Environmental Management and the chairman of the Marine Fisheries Council, as required by R.I. Gen. Laws § 20-10-5. The director or his or her designee of the Department of Environmental Management shall review the application to determine that the proposed aquaculture activity will not adversely affect including, but not limited to:

(1) Marine life adjacent to the proposed area and the waters of the state, and

(2) The continued vitality of indigenous fisheries.

(AA) The chairman of the Marine Fisheries Council shall review the application to determine that it is consistent with competing uses involved with the exploitation of marine fisheries.

b. Prior to submitting a formal Category B application to CRMC for aquaculture activities within tidal waters, applicants must first submit a Preliminary Determination application for the proposed project. A formal Category B application may be submitted only after the completed Preliminary Determination report has been issued by CRMC.

c. Applicants for aquaculture operations within tidal waters must submit with their application(s) all required information as specified in the most recent version of the CRMC aquaculture checklist.

d. At the time of filing a preliminary determination (PD), the applicant shall include a DRAFT operational plan that includes the following information:

(1) Name of the applicant and the company's name;

(2) Contact information for applicant and/or company;

(3) Description of the design and activities of the aquaculture facility;

(4) Map depicting the specific location and boundaries of the aquaculture lease and facility, including the latitude and longitude points for each boundary point;

(5) Types and locations of structures (rafts, pens, tanks, etc.);

(6) Species to be cultured and source of these organisms (i.e., wild or cultured);

(7) Expected level of activity (seasonally, weekly and daily);

(8) Procedures to prevent contamination, program of sanitation and maintenance, description of the water source including details of water treatment, program to maintain water quality, maintenance of records; and

(9) How shell stock will be harvested.

(AA) The DRAFT operational plan may be modified during the PD review process and serve as the basis for the operational plan required below under § 1.3.1(K)(3)(b) of this Part.

e. In those cases where alterations to freshwater wetlands may occur, applicants for freshwater and land-based aquaculture operations must first obtain a permit from the DEM Division of Agriculture or DEM Freshwater Wetlands prior to applying with the Council.

f. Applicants for freshwater and land-based aquaculture structures and/or improvements must obtain local building official approval and zoning approval, where necessary, prior to submitting an application to the CRMC.

g. Applicants for aquaculture operations which result in discharges to waters of the state are required to obtain a Rhode Island Pollution Discharge Elimination System (RIPDES) review by the department of environmental management to determine if a RIPDES permit is required. Said permit must be obtained by the applicant prior to any aquaculture facility discharges to waters of the state.

h. At the time of application, the applicant must provide an operational plan that details methods and record keeping to ensure that seed product - prior to exceeding the size of the seed definition - will be transferred to a permitted aquaculture facility operating in approved waters, a scientific or educational institution, or a government agency.

i. Applicants who propose to introduce non-indigenous species into a CRMC-approved aquaculture facility or lease are required to design a protocol and submit it for review and approval by the CRMC and the RIDEM with the advice and consent of the Bio-Security Board in accordance with R.I. Gen. Laws § 20-10-1.2 prior to issuance of an assent. This review can occur concurrently with the aquaculture application process.

j. All freshwater aquaculture permits will be reviewed by and receive consent from the CRMC Biosecurity Board prior to issuance of an assent. This review can occur concurrently with the aquaculture application process.

3. Additional Category B Requirements

a. Applicants proposing to undertake any aquaculture project shall:

(1) Describe the location and size of the area proposed;

(2) Identify the species to be managed or cultivated within the permitted area and over which the applicant shall have exclusive right;

(3) Describe the method or manner of management or cultivation to be utilized, including whether the activities proposed are experimental, commercial, or for personal use; and

(4) Provide such other information as may be necessary for the Council to determine:

(AA) The compatibility of the proposal with other existing and potential uses of the area and areas contiguous to it, including navigation, recreation, and fisheries;

(BB) The degree of exclusivity required for aquacultural activities on the proposed site;

(CC) The safety and security of equipment, including appropriate marking of the equipment and/or lease area;

(DD) The projected per unit area yield of harvestable product;

(EE) The cumulative impact of a particular aquaculture proposal in an area, in addition to other aquaculture operations already in place;

(FF) The capability of the applicant to carry out the proposed activities; and

(GG) The impact of the proposed activities on the scenic qualities of the area.

b. Operational plan - In accordance with the permitting requirements set forth herein, the aquaculturist must submit a written operational plan as part of their Category B Assent application to be reviewed and approved by CRMC and DEM and maintained on file with the CRMC. Operational plans will be made available for review and inspection by CRMC, DEM and the U.S. Food and Drug Administration. The operational plan must be updated and resubmitted prior to any change(s) occurring in the aquaculture operation. Aquaculture must be practiced only in strict compliance with the provisions of the approved operational plan. At a minimum, each operational plan must include the following information:

(1) Description of the design and activities of the aquaculture facility;

(2) Specific location and boundaries of the aquaculture lease and facility;

(3) Types and locations of structures (rafts, pens, tanks, etc.);

(4) Species to be cultured and source of these organisms (i.e., wild or cultured);

(5) Expected level of activity (seasonally, weekly and daily);

(6) Procedures to prevent contamination, program of sanitation and maintenance, description of the water source including details of water treatment, program to maintain water quality, maintenance of records, and

(7) How shell stock will be harvested.

4. Prohibitions

a. Fish pen aquaculture operations are prohibited in all coastal ponds and nutrient sensitive shallow embayments and coves.

b. Private aquaculture leases are prohibited in uncertified waters (i.e., restricted areas as defined by the National Shellfish Sanitation Program), which contain significant shellfish stocks available for relay into certified public waters for the free and common fishery.

c. Upwellers at existing residential docks, piers, or floats in Type 1 waters are prohibited.

d. Introduction of non-indigenous species is prohibited unless protocols are in place to ensure that no accidental releases into the state's waters may occur. These protocols must be submitted by the applicant for advice and consent by the CRMC Bio-Security Board and approval by the RIDEM Director before any permit is issued. Any proposed modifications to the permitted operation will be reviewed by the Bio-Security Board and the RIDEM Director before an assent modification can be issued. The issuance of a permit under these stipulations can be revoked if a release of non-indigenous species takes place during the term of the assent.

e. The harvest of wild bivalve molluscan shellfish, other than spat collection, naturally occurring in a CRMC permitted lease is prohibited. All wild shellfish within a lease area will remain the property of the State of Rhode Island and remain in place for the benefit of the public resource. This resource is not to be harvested by any person for commercial or recreational purposes. Any incidental catch by the lease holder within an aquaculture lease shall be returned immediately to the same waters.

f. In the coastal salt ponds, the area occupied by commercial aquaculture, shall not exceed five percent (5%) of the total open water surface area of the coastal pond below MLW.

g. Proposed aquaculture leases may not be sited where eelgrass (Zostera marina) or widgeon grass (Ruppia maritima) exists.

5. Standards

a. Marine aquaculture within tidal waters;

(1) In the event of revocation or termination of an Assent by order of the Council or expiration of any lease or Assent, the lessee or Assent holder is responsible for restoring the area to pre-existing conditions within ninety (90) days from the date of permit revocation, termination, or expiration. This shall include the removal of all structures, rafts, floats, markers, buoys, anchors, and other equipment brought to the site. Failure to comply with the Council's order to restore the site may result in the removal of gear and forfeiture of the assent bond posted by the lessee.

(2) Any person who maliciously and willfully destroys, vandalizes, or otherwise disrupts aquaculture activities permitted by the Council shall be in violation of an order of the Council and libel to all fines and penalties under law.

(3) All Permittees shall mark off the areas under permit by appropriate buoys or stakes, as determined by the CRMC, so as not to interfere unnecessarily with navigation and other traditional uses of the water surface. The requirement for the agreed upon marking will be found in the lease requirements detailed in the assent. All authorized limitations upon the use by the public of areas subject to the permit shall be posted by the Permittee.

(4) The aquaculturist must notify CRMC of every shipment of aquatic plants and animals for culture entering this state at least five (5) working days prior to entry into the state and each shipment must be accompanied by a certificate of disease inspection from a recognized laboratory appropriate to the species received. A copy of the certificate of disease inspection must be provided to the CRMC. Prior to shipment the CRMC shall notify DEM Enforcement and DEM Division of Fish & Wildlife of the shipment.

(5) Shellfish seed cultured in prohibited or conditionally approved waters may be transferred, by the aquaculturist, to an approved aquaculture lease in Approved waters in accordance with the terms of an approved operational plan, and with notification to CRMC. If more than ten percent (10%) of the cultured shellfish within a lot or batch exceed the definition of seed (any quahogs that exceed 20 mm, and any oysters that exceed 32 mm), they cannot be moved from other than approved waters to an approved growing area without prior permission of the DEM Director and the Department of Health.

(6) All aquaculturists desiring to use seed that have been cultured in prohibited or conditionally approved waters must include in the operational plan to CRMC details on how he/she intends to track and document the growth and harvest of these shellfish. All aquaculturists must maintain accurate and complete records of all shellfish seed culture in prohibited or conditionally approved waters and removal of such shellfish seed to approved waters including, but not limited to, source, numbers transferred, size composition, time/dates of transfer, harvest and sale of the shellfish. These records must be maintained for a minimum of two years and must be available for inspection by agents of the CRMC, DOH, DEM Division of Law Enforcement, or DEM Division of Fish and Wildlife upon request. If record keeping and tracking protocols are inadequate, then the aquaculturist must only use seed from approved waters. No shellfish may be harvested until they have spent at least six (6) months in approved waters.

(7) Any permitted aquaculturist shall only harvest those species from the lease area as specifically authorized by the CRMC Assent.

(8) An aquaculture license issued by the DEM for the possession, importation, and transportation of marine shellfish species used in any aquaculture operation shall be obtained by the applicant from the Director or his or her designee of the Department of Environmental Management prior to beginning any aquaculture activities. The aquaculturist, upon receiving the DEM aquaculture license, shall file a copy of same with the CRMC within thirty (30) days of receipt of said DEM license. (Note: Any aquaculturist desiring to be a RI shellfish dealer must obtain the requisite license(s) from DEM and the RI Department of Health.)

(9) The Council may require the leaseholder for an aquaculture facility to post a performance bond in order to ensure the cleanup and removal of said facility upon either the termination or expiration of the lease.

(10) The Executive Director may approve the transfer of a lease from the lessee to another party provided the aquaculture operation remains the same, including size, species, gear, and methods of culturing. The full Council must approve any transfers that involve a deviation from the existing assented aquaculture operation.

(11) Permittees must demonstrate that they are fully utilizing an existing lease area to be eligible for an expansion as part of a preliminary determination application.

(12) For the area known as upper Narragansett Bay defined as the area north of latitude of 41 degrees 35 minutes, proposed aquaculture farms shall be limited to a maximum size of three (3) acres. Leases may be granted by authorizing an initial two (2) acre lease. Subsequently, the third acre may be granted when the Permittee demonstrates that the initial two (2) acre lease is being fully utilized.

(13) Experimental permits.

(AA) The Executive Director may issue an experimental aquaculture permit for operations which are expressly for the purpose of developing and testing new gear or techniques for aquaculture production. Applicants may be approved for three separate sites, with up to an area of one thousand (1,000) square feet for each site. Experimental sites shall not be within 500 feet of one another. Areas in excess of this may be approved by the full Council. Experimental aquaculture Assents shall be valid for a period not to exceed three (3) years. A lease may be required and the sale of any aquaculture product is not allowed. Report of such action by the Executive Director shall be made in writing to the full Council at the next regularly scheduled meeting of the Council.

(BB) Experimental aquaculture operations wholly contained within the confines of a council-approved marina perimeter area excluded from the five hundred (500) foot separation standard, as contained above, any may maintain a total of three thousand (3,000) square feet in any configuration for such operations.

(14) Commercial viability permit.

(AA) The Executive Director may issue a commercial viability aquaculture permit for operations which are expressly for the purpose of determining if a particular site is suitable for commercial aquaculture. The applicant may have one site, limited to a thousand (1000) square feet. Commercial viability permits shall be valid for a period not to exceed three (3) years. Permits for a commercial viability shall be subject to a two (2) step process:

(i) Issuance of a one-time administrative permit for the period of eighteen (18) months; followed by a one-time council-approved permit for an additional eighteen (18) months. A lease may be required. Report of such action by the Executive Director shall be made in writing to the full Council at the next regularly scheduled meeting of the Council.

(ii) Any continuation of the operation by the applicant beyond this permit length shall require a separate application which will be considered and reviewed by the Council as a Category B application and is subject to all applicable aquaculture policies and regulations.

(iii) The permittee may, on a one time basis, sell those products approved within the permit. Upon termination of the operation, or at the end of the three (3) year permit period, whichever comes first, the Permittee must terminate the operation.

(iv) The permittee must show that, in the case of a successful trial, there is sufficient potential area to expand to a commercial aquaculture lease in the same area that the commercial viability permit was granted. The Executive Director may require the Permittee to post a performance bond in order to ensure the cleanup and removal of said facility. Detailed economic reports shall be required for all commercial viability Permittees and included with the annual report that must be filed with the CRMC.

(15) Education/research permit. The Executive Director may issue an education/research aquaculture permit for operations which expressly for the purpose of using aquaculture for education or research. A lease may be required. Applicants may be approved for three separate sites, with up to an area of one thousand (1,000) square feet for each site. Education/research sites shall not be within five hundred (500) feet of one another. Areas in excess of this may only be approved by the full Council. Educational/research aquaculture assents shall be valid for a period not to exceed three (3) years. A lease may be required and sale of any aquacultured product is not allowed, report of such action by the Executive Director shall be made in writing to the full Council at the next regularly scheduled meeting of the Council. The Executive Director may grant extensions to these permits. Each extension shall not exceed three (3) years. Educational/research aquaculture operations wholly contained within the confines of a council-approved marina perimeter are excluded from the five hundred (500)-foot separation standard, as contained above, and may maintain a total of three thousand (3,000) square feet in any configuration for such operations.

(16) Aquaculture operations shall be located at sites and operated in such a manner as to not obstruct public access to and from tidal waters.

(17) Any new lease in a coastal salt pond shall be limited in size as follows:

(AA) A maximum three (3) acres for methods using gear including, but not limited to, racks, bags, and floating cages; or

(BB) A maximum of ten (10) acres for bottom planting.

(18) Leaseholder may not apply for any lease expansion until such time leaseholder can demonstrate to the CRMC a need for additional area.

(19) Recreational permits. The Executive Director may grant permits for recreational culture of shellfish by littoral landowners as follows:

(AA) Recreational permits shall be limited to a combined total volume of forty-eight (48) cubic feet;

(BB) This cage(s) shall be hung from an existing CRMC approved dock in a manner that it will not interfere with traditional navigation;

(CC) Recreational permit holders shall follow all existing seed importation regulations;

(DD) Recreational permit holders are required to complete a CRMC approved aquaculture educational program;

(EE) All gear used under an education permit will be legibly marked with the letters "CRMC" and the CRMC permit number; and

(FF) Recreational permits will be only in areas of approved waters as defined by the National Shellfish Sanitation Program.

(20) The maximum area occupied by aquaculture leases in the coastal salt ponds is five percent (5%) of the total open water surface area of the salt pond below MLW. This limit is established based upon the current knowledge of ecological carrying capacity models.

b. Freshwater aquaculture

(1) The Council shall require a permit for all freshwater and land-based aquaculture operations located within the coastal zone or in inland locations throughout the state.

(2) Permits for land-based aquaculture operations shall be granted by the CRMC for a term not to exceed fifty (50) years.

(3) When required, all species utilized for culture within land-based aquaculture operations must be approved by the DEM director or his or her designee. The aforementioned approval must be obtained prior to the Council issuing its assent, however, it may be concurrently processed with the Council's review.

L. Coastal wetland mitigation

1. Policies

a. In cases where the Council determines that a coastal wetland may be altered (see § 1.2.2(D) of this Part), or grants a special exception to a prohibition listed in § 1.3.1(L) of this Part, the Council shall require the mitigation of all impacts to the coastal wetland. Permanently lost or significantly altered wetlands shall be replaced through the restoration of an historical wetland or the creation of a new wetland at a site approved by the Council.

b. The Council shall not grant any variance to the policies, standards, and prerequisites set forth in this Section.

c. Pursuant to the Council's "no net loss" policy, the goal and minimum requirements of wetland mitigation projects shall be the replacement of permanently lost or significantly altered wetlands with wetlands of equal or greater area and ecological value. Mitigation projects shall be carried out in accordance with the standards set forth in § 1.3.1(L)(5) of this Part.

d. Wetlands created or restored for the purposes of replacing permanently lost or altered coastal wetlands shall be considered wetlands as defined in § 1.1.2 of this Part and subject to the policies contained in §§ 1.2.2(D), 1.1.8 and 1.1.10 of this Part.

e. Activities which shall be exempt from mitigation requirements include, but shall not be limited to; minor disturbances associated with the approved construction or repair of shoreline protection facilities in accordance with § 1.3.1(G) of this Part, minor disturbances associated with approved residential docks and walkways constructed in accordance with standards set forth in § 1.3.1(D) of this Part, insignificant or minor cutting or pruning of vegetation in accordance with a Council-approved management or restoration plan; and approved mosquito population control programs. In addition, wetlands created for the purposes of stormwater management, erosion control, or waste management, in accordance with § 1.3.1(F), shall not be subject to mitigation requirements.

f. Applicants proposing to alter coastal wetlands shall submit the application and the proposed mitigation plan concurrently. In cases where an applicant is proposing an alteration to coastal wetlands prohibited under § 1.3.1(L)(4) of this Part, the applicant shall be required to first meet the burdens of proof contained in § 1.1.8 of this Part and obtain a special exception. If the applicant obtains a special exception, or a special exception is not necessary, then the Council shall consider the merits of the proposed alteration.

g. The Council shall not consider the mitigation plan in determining whether an assent shall be granted for the alteration of a coastal wetland, but shall require mitigation as a condition of the assent. If the Council approves the proposed alteration to a coastal wetland, then the applicant shall obtain the Council's approval of the mitigation plan prior to any alteration of the coastal wetland. The issuance of the assent to alter coastal wetlands subject to mitigation requirements will be based, in part, upon adequate assurance that required mitigation is feasible and will occur.

h. To the maximum extent practicable, mitigation projects shall be carried out prior to, or concurrent with, the approved alteration of the coastal wetland.

i. To the maximum extent practicable, mitigation projects shall be carried out on-site. Where no on-site alternative exists, the Council may consider off-site mitigation within a hydrologically connected area. In circumstances where an overall benefit to the state is demonstrated and no onsite alternative exists, the Council may approve mitigation projects outside the watershed in which the impact, due to the alteration of a coastal wetland, will occur.

j. In cases where the alteration is temporary, the disturbed wetland shall be restored, to the satisfaction of the Council, immediately following the permitted activity.

k. In no case shall monetary compensation be considered as an acceptable form of mitigation.

l. The Council may consider proposals for joint mitigation projects, advanced mitigation projects, and other innovative wetland mitigation approaches, such as mitigation banks, on a case-by-case basis.

m. The Council recognizes that successful mitigation projects depend on a number of variables including the type of wetland restored or created. Accordingly, replacement ratios contained in § 1.3.1(L)(5) of this Part shall be considered minimum requirements.

n. Recognizing that restored and created wetlands require a period of time to become established as functional coastal wetlands, the Council may require the applicant to post a bond to ensure compliance with the mitigation plan and other Council stipulations.

o. Any violation of the approved mitigation plan shall constitute a violation of the assent to alter the existing coastal wetland.

p. The Council recognizes the nuisance caused by large breeding populations of mosquitoes in portions of some coastal wetlands. The Council recognizes that the problem can be effectively controlled by good wetland management practices that include open marsh water management, ditch maintenance and, in some cases, the limited use of pesticides.

2. Prerequisites

a. Applicants proposing any alteration to coastal wetlands prohibited in § 1.3.1(L)(3) of this Part shall be required to obtain a special exception from the Council (see § 1.1.8 of this Part).

b. Applicants proposing alterations to coastal wetlands are required to obtain permits from the Army Corps of Engineers and applicable permits from the Department of Environmental Management. In some cases, mitigation projects will require additional permits from the Army Corps of Engineers and the Department of Environmental Management. Applicants shall consult with these agencies for a determination of the need for additional permits and obtain any required permits prior to undertaking any mitigation activities.

c. Mosquito control programs in any coastal wetland area will be considered only when authorization from the DEM Division of Fish and Wildlife, the R.I. Mosquito Abatement Board, and the local municipality has been obtained. Further, applicants should concurrently obtain a permit from the Army Corps of Engineers. However, in some cases the Council may require the applicant to first obtain an Army Corps of Engineers permit.

3. Prohibitions

a. All alterations to coastal wetlands abutting Type 1 waters are prohibited except for minimal alterations required for the construction or repair of an approved or pre-existing structural shoreline protection facility and alterations resulting from approved mosquito population control programs.

b. Alterations to coastal wetlands abutting Type 2 waters and coastal wetlands designated for preservation adjacent to Types 3, 4, 5 and 6 waters are prohibited except for minor disturbances associated with:

(1) Residential docks approved pursuant to the standards set forth in § 1.3.1(D) of this Part;

(2) Approved construction or repair of shoreline protection facilities; and

(3) Approved mosquito population control programs.

c. Alterations to coastal wetlands which are adjacent to Types 3, 4, 5 and 6 waters and which are not designated for preservation are prohibited unless:

(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.

d. The practice of applying broad spectrum persistent pesticides on any coastal wetland area is prohibited.

e. Future development on any mitigation site is prohibited. All alterations to mitigation sites other than those required to maintain or enhance the restored or created coastal wetland are prohibited.

4. Additional Category B requirements

a. Applicants shall demonstrate to the Council's satisfaction that:

(1) The proposed alteration will accommodate a priority use, as determined by the adjacent water type;

(2) The alternative selected is the most reasonable for supporting that priority use; and

(3) The proposed alteration is the minimum necessary to support that alteration.

b. Any mitigation plan submitted pursuant to this Section shall include, but not be limited to, the following:

(1) A site plan accurately depicting wetlands which will be altered, the proposed mitigation site, existing buffer zones and proposed buffer zones;

(2) The size, in terms of surface area, of wetlands to be altered and of the proposed mitigation site. Surface areas shall not include buffer zones; however, alterations to existing buffer zones shall be described;

(3) A description of existing elevations, soil types, flora species, vegetative densities and habitats in the wetland to be altered and for the proposed mitigation site;

(4) A description of the hydrology of the existing wetland site and proposed mitigation site including ground water levels and, where applicable, tidal and salinity ranges of the site and of adjacent inundating waters;

(5) A description of any excavation, grading, filling, etc. to be conducted as part of the mitigation plan;

(6) A description of species to be planted or seeded, spacing of plantings and/or the density of seeding, the source of vegetation to be planted, and the source of any organic soils to be introduced at the mitigation site;

(7) A schedule for implementation of the mitigation plan;

(8) Success criteria, which shall include benchmark dates and minimum survivability rates for plantings/seedings;

(9) A monitoring program; and,

(10) Evidence of financial security.

5. Standards

a. For alterations to coastal wetlands:

(1) Altered coastal wetlands shall be replaced by wetlands of a similar type (as defined in § 1.1.2 of this Part) which provide an ecological value equal to or greater than that of the altered wetland.

(2) The following ratios of replacement coastal wetland to permanently altered or lost coastal wetland shall be considered minimum compensation requirements for mitigation projects:

(AA) 2:1, area of coastal wetland restored: area permanently altered or lost or

(BB) 2:1, area of coastal wetland created: area permanently lost or altered.

(3) Specific replacement requirements shall be determined on a case-by-case basis, taking into account such factors as size, type and ecological value of the existing coastal wetland, and the probability of achieving fully functional replacement at the proposed mitigation site. In no case shall the Council consider mitigation projects which do not meet these minimum compensation requirements.

(4) Restored and created coastal wetlands shall be subject to buffer zone and setback requirements.

b. For mosquito population control

(1) Alterations to coastal wetlands undertaken as part of a mosquito control program shall be minimal and shall utilize open marsh water management techniques in accordance with the most recent version of Manual of Methods for Open Marsh Water Management in Rhode Island (RIDEM).

(2) Wherever possible, marsh sediments excavated as part of an approved mosquito population control program shall be placed at the terminal end of a pre-existing mosquito ditch identified for abandonment. In cases where such a pre-existing mosquito ditch does not exist or is not a feasible sediment disposal site, marsh sediments shall be disposed of at a suitable upland location.

(3) Ditches shall be no more than twenty-four (24) inches wide and not less one (1) foot, or more than three (3) feet, deep.

M. Public roadways, bridges, parking lots, railroad lines and airports

1. Policies

a. The requirements of this Section apply to all new roadways, highways, bridges, parking lots, railroad lines, and airports. Alterations and improvements to roadways, highways, bridges, parking lots, railroad lines, and airports are subject to the erosion control requirements contained in this Section and § 1.3.1(C) of this Part. Alterations and improvements to roadways, highways, bridges, parking lots, railroad lines, and airports that result in new stormwater discharges or increase storm-water discharge volumes beyond pre-development levels are subject to the stormwater management requirements contained in § 1.3.1(F) of this Part (excluded from these requirements are projects consisting only of pavement resurfacing, minor roadway repairs, or emergency drainage repairs).

b. All roadways, highways, parking lots, railroads lines, and airports shall be planned, sited, and designed to:

(1) Protect areas that provide important water quality benefits or are particularly susceptible to erosion and sediment loss;

(2) Limit land disturbances such as clearing and grading and cut and fill to reduce erosion and sediment loss;

(3) Limit disturbances of natural drainage features and vegetation; and

(4) Limit the increase of impervious surface areas, except where necessary.

c. All bridge structures shall be sited, designed, and maintained so that sensitive coastal habitat areas such as coastal wetlands and areas providing important water quality benefits are protected from adverse effects.

2. Prohibitions

a. The construction of new public transportation facilities in tidal waters and on coastal features is prohibited with the following exceptions:

(1) Construction on developed barrier beaches may be permitted, subject to the requirements of § 1.2.2(C) of this Part;

(2) Unpaved vehicle trails and parking areas may be permitted on undeveloped barrier beaches (see § 1.2.2(C) of this Part); and

(3) Construction may be permitted on manmade shorelines subject to the requirements of § 1.2.2(G) of this Part.

3. Standards

a. See standards given in "Filling, removing, or grading of shoreline features" (§ 1.3.1(B) of this Part).

b. Permeable materials shall be utilized, where practicable, to surface roadways and parking lots on shoreline features adjacent to Type 1, 2, and 3 waters.

c. Applicants shall reduce erosion and, to the maximum extent practicable, retain sediment on-site during and after construction. Applicants shall prepare and implement an erosion and sediment control plan in accordance with all of the policies and standards contained in § 1.3.1(B) of this Part.

d. Applicants shall prepare and implement a stormwater management plan in accordance with the policies and standards contained in § 1.3.1(F) of this Part.

e. See the standards contained in "Treatment of sewage and stormwater" (§ 1.3.1(F) of this Part).

N. Maintenance of structures

1. Policies

a. Persons proposing to maintain dredged channels and mooring areas (see § 1.3.1(I) of this Part) and mosquito control ditches in coastal wetlands (see § 1.3.1(L) of this Part) are in all cases required to obtain a new Council Assent.

b. Maintenance of structures and facilities for which a Council Assent has been issued is permitted upon obtaining a Certification of Maintenance from the Executive Director of the CRMC. This Certification shall establish that all applicable standards for the construction and operation of the permitted structure or facility, and any stipulations that were conditioned by the Council's Assent have been met, and are continued. Further, the Certification of Maintenance may contain additional measures to minimize the environmental impact of the activity, to promote the restoration of coastal resources, or to otherwise further the objectives and goals of this program, as may be required by staff recommendations to the Executive Director, consistent with the standards of the RICRMP.

c. Persons proposing to maintain or repair structural shoreline protection facilities shall do so in a manner consistent with § 1.3.1(G) of this Part.

d. Persons proposing to maintain previously assented structures (other than piers and docks associated with marinas) which have physically been destroyed fifty percent (50%) or more by storms, waves, or other natural coastal processes shall, upon the determination of the Executive Director, be required to obtain a new Council Assent. Such activities requiring a new Council Assent shall be reviewed according to the most current applicable programmatic requirements of the Coastal Resources Management Program, its Special Area Management Plans, and/or any other appropriate CRMC approved management plans.

e. Many structures under Council jurisdiction predate the Council and were not permitted by Council Assent when originally constructed. Persons proposing maintenance or repair activities on such structures shall be required to obtain a Certification of Maintenance, meet relevant standards of this program, or obtain a Council Assent, as determined by the Council's Executive Director.

(1) Persons proposing to: demolish structures; repair structures which have been physically destroyed fifty percent (50%) or more as a result of storm induced flooding, wave, or wind damage; and repair structures which have been destroyed fifty percent (50%) or more by fire shall be required to submit an application and meet the current programmatic requirements.

(2) Persons proposing to maintain any structure, including utilities, in or adjacent to Type 4, 5 or 6 waters that predate the Council's jurisdiction (circa 1971) may be required to perform a fitness for purpose analysis and certification. Applicants are referred to the Council's program document Guidelines for Fitness of Purpose Investigations and Certifications for direction.

(3) Yacht Clubs and other boating facilities that are listed on the National Register of Historic Places that are destroyed may apply for a maintenance Assent before the Council for reconstruction provided that the exact historical footprint of the structure is utilized and a similar architectural edifice is utilized on the building. All non-façade elements shall be in compliance with the latest edition of the Rhode Island State Building Code.

f. All activities, except those noted above in § 1.3.1(N)(1)(e) of this Part, for which a Certification of Maintenance is requested, shall have a valid Council Assent.

g. It is the Council's intent to allow for the continued maintenance and viability of marina operations that exist in and adjacent to the coastal waters of the state. In Type 3, 4, 5 and 6 Waters maintenance dredging, dock reconfiguration, 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. The Council has detailed this policy in its handout entitled "Marina Certification Program." (Pre-existing marinas in Type 2 Waters are covered at § 1.2.1(B) of this Part. The Marina Certification Program allows for certain maintenance activities to occur at marina facilities with approved marina perimeters. In order to be eligible for this policy, applications for marina certification must be submitted to the CRMC before October 1, 1994.

h. Minor repairs to boating facilities registered in accordance with the Council's dock registration program and authorized by the Council are permitted without further review provided that the repairs will not alter the previously authorized design, capacity, purpose, or use of the facility. Minor repairs shall only include the repair or replacement of: decking (does not include stringers); handrails; ladders; and, electrical wiring and fixtures.

i. See Table 9 in § 1.3.1(N) of this Part for maintenance provisions for dwelling additions and rebuilds within the fifty (50) foot setback zone on developed, moderately developed, and undeveloped barriers.

j. The Executive Director may require an inspection and analysis as detailed in the CRMC "Guidelines for Fitness of Purpose Investigations and Certifications" if the maintenance history of a commercial marine facility indicates a lack of maintenance activities or the facility appears to have a use that exceeds that of the original Assent or the use is different from what was originally authorized.

2. Prerequisites

a. All applicants for a Certification of Maintenance shall submit for review a valid Council Assent, dimension and/or site plans, photographs, or other information as required to make a proper determination of the nature of the request.

3. Table 9: Dwelling rebuilds and additions for maintenance activities under § 1.3.1(N) of this Part

Dunes: Existing structures
Developed Barriers			Moderately Developed and Undeveloped Barriers*
All structural alterations other than Maintenance will be required to: Move beyond the 50-foot setback area and meet RI state building code requirements
Structural alteration	Within 50-foot setback	Landward of 50-foot setback
Cantilever decks	Allowed: maximum 25 square feet at a minimum of 8 feet above grade (in 50-foot setback area only)	Allowed	Prohibited*
Decks on roofs	Allowed: provided maximum 100 square feet and within existing footprint of roof (no new overhang)	Allowed	Prohibited*
Roof line changes	Allowed: provided no new rooms are created; no new livable space is created; no additional stories are added; does not result in a change to the existing footprint	Allowed	Prohibited*
If Foundation is NOT FEMA compliant and: 1. Rebuild In-kind 2. Other	Prohibited Prohibited	Allowed provided RI state building code and all other RICRMP requirements are met	Prohibited* Prohibited
If foundation IS FEMA compliant and 1. Rebuild In-kind 2. Add 2nd floor 3. Demolition and add 2nd floor 4. Other	Allowed (as maintenance, 1) Prohibited Prohibited Prohibited	Allowed provided RI State Building Code and all other RICRMP requirements are met.	Allowed* Prohibited Prohibited Prohibited
* On Moderately Developed and Undeveloped Barriers, only in-kind maintenance is allowed. If a lot can support it, the structure may be moved back and elevated in accordance with RI State Building Code requirements. However, in-kind rebuild is still only allowance.
These are for typical maintenance activity reviews, however, a variance may be required if erosion setbacks are farther landward than the 50-foot dune setback. In unusual circumstances, the Executive Director may invoke the maintenance provision allowances of § 1.3.1(N) of this Part. This table is for residential structures which are intact and functional at the time of application. It shall not be applicable for structures which have been destroyed 50% or more by coastal storms. Structures which have been destroyed 50% or more by coastal storms will be processed as new applications under the appropriate sections of the RICRMP and applicable SAMPs. Relief from this table requires a Special Exception. Where an activity is indicated as "allowed" it must also meet all other applicable RICRMP requirements.
1 - If structure is within the 50-foot setback area, and cannot relocate beyond 50-foot setback area, application will be determined to be a maintenance activity and the structure will be allowed to be rebuilt in-kind provided it meets current RI State Building Code and all other applicable CRMP requirements.

O. Municipal harbor regulations

1. Additional Category B Requirements

a. All municipalities seeking to issue mooring permits pursuant to R.I. Gen. Laws Chapter 46-4 shall prepare a draft harbor management plan to include harbor rules, regulations, or programs and shall apply to the Council for a determination of consistency with the Coastal Resources Management Program. Municipalities are referred to the Guidelines for the Development of Municipal Harbor Management Plans for additional guidance in establishing harbor rules, regulations or programs.

b. When a city or town enacts a police ordinance under R.I. Gen. Laws § 46-4-2, it shall not be required to request a determination of consistency with the Coastal Resources Management Program unless such by law or ordinance affects the planning, regulation, or coordinating functions of the Council.

c. The Executive Director is authorized to approve, administratively, municipal harbor regulations and ordinances for an interim period of one (1) year, provided:

(1) The municipality submits an application for review and approval, by the Executive Director, such that present conditions of the harbor and the uses made of it can be examined;

(2) In the meantime, the municipality undertakes and prepares a comprehensive harbor management plan, in conformance with the policies and requirements of the CRMP, as amended; and

(3) Until such time as a comprehensive harbor plan is prepared, all activities regulated throughout the CRMP, or which take below the mean high water mark, must come before the CRMC for review and approval, in accordance with established procedures.

2. Standards

a. Siting of mooring areas

(1) All municipal harbor management plans must include the locations of all mooring areas. Coordinates of at least the corner buoys of each mooring area must be obtained, using the Rhode Island Coordinate System 1983 as defined above.

(2) All mooring fields must be shown on a map with each mooring area's respective coordinates. Preferably, the coordinates of each mooring area should also be shown in an appendix of the HMP.

(3) All municipal harbor management plans must show the total area of each mooring area using acres, square feet, or square meters.

(4) Each corner buoy should be referenced to some landmark for common siting purposes for the general and boating publics. The coordinate system points, however, will be the final basis for establishing the location of mooring areas.

(5) Municipalities or other entities proposing to establish mooring areas shall describe them along with the coordinates for each mooring field using Global Positioning System, Registered Land Surveyor or Professional Engineer and show all detailed features of all mooring areas on a site plan at a scale of 1" = 40' or larger: The coordinates of at least the corner buoys of each mooring area must be obtained and transferred to the RISPCS 1983. All mooring areas surveyed by a registered land surveyor or professional engineer must be stamped by the Rhode Island registered land surveyor or professional engineer. Alternative coordinate systems may be used and included within a HMP as a secondary source consistent with the geographic positions defined and specified by the RISPCS 1983.

b. Mooring field buffers and setbacks

(1) Setbacks and buffer areas are necessary when establishing mooring areas for various reasons, which include, but are not limited to:

(AA) Safety in navigation;

(BB) Access to and around federal navigation channels, anchorages, turning basins and harbor facilities; and

(CC) Access of riparian areas associated with waterfront properties and public rights-of-way sufficient to prevent interference of other harbor activities.

(2) All mooring areas must provide minimum setbacks and/or buffer areas from federal navigation projects, (i.e., channels, anchorages, mooring areas, and/or turning basins) sufficient to prevent interference to these, and other, harbor activities as follows:

(AA) Setback limits from any existing federal, traditional, or proposed navigational channels and fairways, sufficient to prevent interference with navigation.

(BB) Setback limits from shore side structures sufficient to protect ingress and egress from these facilities.

(CC) Setback limits from riparian properties and shoreline public rights-of-way sufficient to prevent interference with the exercise of private or public rights in these areas.

(DD) Buffer areas that provide sufficient protection from interference with access and\or use to designated shellfish management areas, traditional fishing grounds as defined by the CRMC, and public recreational areas.

(EE) Buffer areas that provide sufficient separation to ensure public safety in swimming areas or other CRMC approved HMP designated special activity areas.

(FF) Buffer areas that provide sufficient separation to protect research reserves, marine protected areas, conservation areas, coastal habitat restoration sites, and submerged aquatic vegetation of concern to CRMC.

c. Water quality - All mooring areas must be sited in order to ensure:

(1) Tides and currents will aid in the flushing of new, expanded, or reconfigured mooring areas;

(2) No adverse effects on water quality result from new, expanded, or reconfigured mooring areas; and

(3) Adequate, accessible, and operationally maintained pumpout services or facilities are provided.

d. Harbor management plan requirements. The Rhode Island Coordinate System of 1983 shall be used in preparation of all HMPs. The following information is necessary to develop an HMP. Details and guidance in data collection and evaluation is found in the CRMC Guidance for the Development of Municipal Harbor Management Plans:

(1) Physical setting - to include water depths, RIDEM water quality classifications, FEMA flood zones, shoal/dredge areas, and navigational hazards.

(2) CRMC water use designations - to be mapped by CRMC water types and a list of priority uses for each area.

(3) Current uses inventory - to include harbor structures, pump-out facilities, federal navigation areas, moorings, mooring counts, mooring areas, and other use areas, including aquaculture operations, and municipal shoreline zoning districts.

(4) Natural resources areas - to include wildlife conservation areas, recreational and commercial fishing areas, biological habitats (e.g., submerged aquatic vegetation and coastal wetlands).

e. HMPs shall include public access provisions as follows:

(1) Inventory and catalogue the condition of all CRMC designated rights-of-way in the community, and identify potential rights-of-way for designation by the CRMC;

(2) Establish goals, policies and recommended actions designed to preserve, protect and enhance the existing public rights-of-way to the tidal waters of the town;

(3) Design a maintenance program to be implemented by the community to improve and maintain all municipally owned rights-of-way; and

(4) Develop a prioritized list of CRMC designated rights-of-way that are municipally owned which could be improved by either public or private entities and identify appropriate site improvements required.

f. HMPs shall include water quality provisions as follows:

(1) A program for minimizing the introduction of pollutants, such as harmful cleaners and solvents and anti-fouling paints, into tidal waters from recreational boats and shoreside activities;

(2) Ensure sufficient facilities exist for the safe and sanitary disposal of organic vessel-generated waste. This shall be accomplished by having a comprehensive marina pumpout installation and maintenance plan that takes into account docked and moored vessels;

(3) A program to provide for the disposal of waste oil, plastics, trash, paint, varnish, and other inorganic materials at municipal facilities convenient to recreational boaters;

(4) Promote operation and maintenance measures for marinas and/or the CRMC Clean Marina Program; and

(5) Where significant shallow-water habitat is identified, restrict boating activities as necessary to decrease turbidity and physical destruction of such habitat.

g. HMPs shall include mooring management provisions that:

(1) Develop a resident-to-non-resident mooring allocation policy of no greater than three (3) resident mooring permits to one (1) non-resident mooring permit (3:1 ratio), unless the mooring field is within a federal navigation project, then mooring allocations shall meet the U.S. Army Corps of Engineers requirement of "open to all on a fair and equitable basis";

(2) Include the locations of all mooring areas, total area of each mooring area (acres, square feet or square meters);

(3) Moor all vessels within designated mooring areas, except for riparian moorings. Moorings assigned to riparian property owners will not be included in the total mooring count for designated mooring areas;

(4) Ensure mooring areas are not established, nor any vessel moored or anchored, so as to interfere with the free and unobstructed use of channels, fairways, or shoreside facilities within the harbor. Public mooring areas shall provide, where possible, a fifty (50) foot setback from all residential docks, piers, floats, public launching ramps, federal navigation channels, fairways, anchorages, and/or turning basins. Setback limits from riparian moorings and shoreline public rights-of-way shall be sufficient to allow for ingress and egress and to prevent interference with the exercise of private or public rights in these areas. Mooring areas shall be set back at least three (3) times the U.S. Army Corps of Engineers' authorized project depth from federal navigation projects (e.g., navigation channels and anchorage areas);

(5) Ensure mooring areas and/or moorings dedicated to private commercial uses are not sited in federally maintained project areas;

(6) Ensure that tides and currents aid in the flushing of all new and significantly expanding mooring areas;

(7) Ensure that all new and significantly expanding mooring areas do not cause significant adverse effects on water quality;

(8) Require the prohibition of swimming and water-skiing in all designated channels, fairways, and mooring areas;

(9) Establish procedures for the administration and allocation of mooring spaces by implementing a permit system for use by all commercial and private mooring holders. Boat owners desiring a mooring shall be required to obtain a permit from the appropriate authority. In the event that all available mooring areas are filled, a waiting list for mooring permit applicants shall be developed by the municipality. The permit system, application process, and waiting list procedures shall be detailed in the Harbor Ordinance section of the harbor management plan.

(10) Do not site mooring areas where they may substantially interfere with access to designated shellfish management areas, traditional fishing grounds as defined by the CRMC, public recreational areas, and conservation areas;

(11) Do not site mooring areas where they may cause significant adverse effects on fish and shellfish resources, wetlands, submerged aquatic vegetation, or other important aquatic habitat areas;

(12) Ensure that mooring fields are serviced by adequate and accessible marine pumpout facilities and dump stations which are maintained in operational condition and regulated through local ordinance;

(13) Develop a mooring allocation policy that limits the transfer of a private mooring permit to an immediate family member (brother, sister, mother, father, spouse, children or grandchildren) to a one (1) time basis and prohibits the mooring permit transferee from subsequently transferring that private mooring permit under any circumstance. All private mooring permits that are forfeited by or not renewed by the transferee shall be made available to individuals on the waiting list; and

(14) Address outhauls (defined in § 1.1.2 of this Part) through local ordinance.

h. HMPs shall include storm preparedness provisions that:

(1) Assess the type and degree of risk that harbor and shoreline users face from natural hazards;

(2) Develop strategies that prepare for, respond to, and recover from natural disasters;

(3) Identify long term mitigation projects that will reduce damage from natural disasters; and

(4) Describe specific steps for coordinated implementation.

3. Prohibitions

a. Mooring field corner buoys shall not be used for the mooring of vessels.

b. Privately managed commercial mooring areas are prohibited within a federal navigation project.

c. New or expanded mooring areas are prohibited within CRMC Type 1 Waters.

d. Maintenance and improvement dredging, recreational mooring areas, commercial operations other than fishing and/or aquaculture, structural shoreline protection facilities, residential boating facilities, marinas, and launching ramps are all prohibited uses in CRMC designated Type 1 waters.

e. Commercial mooring areas, improvement dredging, and marinas are prohibited uses in CRMC designated Type 2 waters.

f. Houseboats or floating businesses are prohibited from mooring or anchoring unless within the boundaries of a CRMC authorized marina.

g. The disposal of untreated boat sewage wastes by any means into coastal waters is prohibited.

P. Boat lift and float lift systems

1. Policies

a. Boat and/or float lifts may be allowed in Type 3, 5, and 6 waters. Boat and/or float lifts may be allowed in Type 2 Waters in accordance with this Section. For Council purposes, the raising of floats and ramps by manual methods (manual pulleys, come-a-longs, etc.) for temporary elevated off-season storage shall not be considered a float lift in accordance with this Section. This exception shall only apply to methods that do not require the installation of permanent winches, pulley systems or other permanent mechanical structures, pilings, or equipment. The off-season shall be considered November 1 to May 1.

b. It is the Council's policy to assess all boat and/or float lifts for their appropriateness given site conditions, including impacts on public trust and coastal resources, aesthetic and scenic resources, and cumulative impacts. Boat and/or float lifts in Type 2 waters shall be allowed only for the minimum amount necessary to accommodate a residential dock.

2. Prerequisites

a. Boat and float lift applications for Type 2 waters shall be considered Category B applications (see § 1.3.1(A) of this Part).

b. All applications for boat lifts or float lifts in Type 2 waters, whether as part of a residential boating facility application or separate, shall be referred to the Council for a hearing. If a residential boating facility application includes a boat and/or float lift and is proposed in Type 2 waters, then the entire application shall be heard by the Council. All other boat and float lift applications shall be reviewed in accordance with the Council's established policies as found in § 1.3.1(D) of this Part.

c. Boat and float lifts (defined in § 1.1.2(A)(18) of this Part) are considered by the Council to be accessory structures to residential boating facilities, and as the Council only approves or denies a recreational boating facility on the merits of the structure given existing site conditions, boat and/or float lift requests shall not be deliberated by the Council unless the Council has separately or previously approved an application for a residential boating facility. Such an application for a residential boating facility may include a request for a boat and/or float lift; however the Council shall not weigh the benefits or disadvantages of a boat or float lift as an argument for a residential boating facility approval or denial in its deliberations of a residential boating facility application.

d. An application for a Council Assent for a boat and/or float lift will include a plan prepared and stamped by a professional engineer.

3. Prohibitions

a. Marine railway systems are prohibited except in association with: a marina; or, a commercial or industrial water dependent activity in type 3, 5, and 6 waters.

b. Boat and float lifts are prohibited in Type 1 waters and in association with existing previously-permitted residential boating facilities in Type 1 waters.

c. Since the Council has determined that boat and float lifts detract from the high scenic value and important visual characteristics of Type 2 waters, and, since these structures may be considered an unacceptable intensification of use within certain public waters designated for low intensity use, boat and float lifts are prohibited from all Type 2 waters within the following waterbodies:

Pawcatuck River	Winnapaug Pond
Quonochontaug Pond	Ninigret Pond
Green Hill Pond	Potter Pond
Pt. Judith Pond	Narrow River
Bissel Cove	Wickford Harbor
Barrington River	Palmer River
Kickemuit River	Potter Cove
Bristol Harbor	Blue Bill Cove

d. Lift superstructures such as but not limited to beams and joist-like structures that sit or are fixed atop pilings are prohibited.

e. Float lifts shall be limited to one (1) per residential boating facility. More than one (1) float lift at a residential boating facility shall be prohibited.

4. Standards

a. Boat lift and float lift structures may only be authorized as an accessory structure connected to a fixed pier or shoreline bulkhead. When raised, the gunwale of the vessel or the deck of the float shall not be any higher than the deck of the fixed pier or shoreline bulkhead to which it is attached, or the bottom of the vessel or float shall not be greater than five (5) feet above the high tide level, whichever is lesser. When a lift system can allow a vessel or float to be raised higher than this standard, then mechanical stops limiting the height allowance must be employed.

b. The height of the lift system shall not be higher than the height of the pilings used to construct the dock, or shall not be higher than five feet (5') above the deck of the pier to which it is constructed, whichever is lower. However, the winch of the lift system may sit affixed to the top of a piling.

c. Boat and/or float lifts shall not intrude into the area within twenty-five (25) feet of an extension of abutting property lines unless:

(1) It is to be associated with a residential boating facility which is a common structure for two (2) or more adjoining owners concurrently applying, or

(2) A letter or letters of no objection from the affected owner or owners are forwarded to the CRMC with the application.

d. Boat lifts shall be limited to two (2) per residential boating facility.

Q. Wetland walkover structures

1. Policies

a. The abundance and diversity of plant and animal life (reference § 1.3.1(A)(1)(e) of this Part), overall habitat values for feeding, nesting and resting cover for wildlife, fish productivity, and the probability of providing acceptable habitat for rare and sensitive species of plant and animal life, often improve dramatically as coastal wetlands increase in size. Further, certain species depend exclusively on large tracts of uninterrupted salt marsh.

Consequently, activities and alterations which disturb or bisect large tracts of coastal wetland into smaller segments cause ecological damage commonly referred to as "habitat fragmentation." The Council recognizes that habitat fragmentation and other disturbances of large areas of coastal wetland may significantly impact important ecological values, or may cause the decline, or eventual elimination of certain species of plant and animal life.

b. It is the policy of the Council to prohibit wetland walkover structures unless it is demonstrated that the structure provides the only reasonable access available to an applicant for access on his/her property for passive recreational pedestrian purposes, and that the wetland will incur significant environmental damage from foot traffic. In cases where the Council finds that wetlands will not incur significant environmental damage from foot-traffic, dependent on individual site assessments, the Council may deny wetland walkover structures.

c. Wetland walkover structures proposed to extend beyond the limit of emergent vegetative wetlands are considered residential boating facilities as defined at § 1.3.1(D) of this Part.

2. Prerequisites

a. Wetland walkover structure applications in Type 2 waters and in coastal wetlands designated for preservation or restoration shall be considered Category B applications (see § 1.3.1(A) of this Part). Wetland walkover structures in Type 3, 4, 5, and 6 waters shall be considered Category A* applications.

3. Prohibitions

a. Activities including but not limited to attached decks, docks, observation platforms, floats, or other similar structures are prohibited on or adjacent to wetland walkover structures.

b. Wetland walkover structures are prohibited in Type 1 waters. Wetland walkover structures are prohibited in Type 2 waters where there are:

(1) Wetlands having ten (10) acres or more of salt marsh habitat in total area;

(2) Wetlands determined to have high fish and wildlife habitat value based on staff review; and/or

(3) Wetlands which provide high scenic value as determined by the Council. Wetland walkover structures greater than one hundred (100) feet in length are prohibited.

c. Wetland walkover structures are prohibited from crossing any salt marsh pools, tidal creeks or pannes, open waters of coastal ponds, or any other open tidal or nontidal waters, excluding freshwater streams, rivers, and salt marsh mosquito ditches.

d. Wetland walkover structures are prohibited over wetlands contained within wildlife refuges, state management areas, and other public properties, unless the structure is to be used by the public and is determined by the Council to have no significant environmental impact.

4. Standards

a. Wetland walkover structures crossing marshes shall be constructed during the winter dormant season, December 1 through March 15.

b. Construction over wetlands shall be thirty (30) inches in height above the ground (wetland substrate) surface as measured from the decking of the structure. In certain cases, to protect wetlands having tall vegetative life forms, and based on individual site assessments, the Council may require that the structure be elevated to a maximum height of fifty (50) inches.

c. Maximum width of wetland walkover structures shall be two and one-half (2½) feet.

d. Installation of pilings shall be conducted manually and spaced fifteen (15) feet on center, spanning the wetland if possible.

e. Deck spacing shall be one (1) inch minimum using 5/4" decking material, for light penetration.

f. In order to minimize the scenic impact of wetland walkover structures, the use of handrails shall be strictly avoided. Where it is determined a wetland walkover structure constructed to CRMP height standards without handrails represents a safety concern, the Council may choose to grant a variance to the height standard rather than authorize handrails.

g. Construction materials of wetland walkover structures shall be limited to timber or recycled timber products, except for timber connection hardware. The use of creosote as a wood preservative is prohibited.

h. Site plans for wetland walkover structures shall be drawn to scale, accurately show all property lines and the affected wetland, accurately describe the type of wetland to be spanned, and include all necessary construction details. A site plan prepared by a RI-certified professional engineer or registered land surveyor shall be required for wetland walkover structures greater than thirty (30) feet in length, and a biologist may be required to flag the wetland edge.

i. Wetland walkover structures shall be limited to one (1) per lot of record.

j. See standards in § 1.3.1(B) of this Part - Filling, removing, or grading of shoreline features, as applicable.

k. Structures shall be adequately designed and anchored to resist displacement by storm surge and wind.

R. Submerged aquatic vegetation and aquatic habitats of particular concern

1. Policies

a. The Council's goal is to preserve, protect and where possible, restore SAV habitat. In cases where the Council determines that SAV may be altered or grants a special exception to a prohibition listed in § 1.3.1(R)(2) of this Part, the Council shall require the mitigation of all impacts to SAV. Such activities requiring mitigation include, but are not limited to, marina expansions, dredging, filling in tidal waters, construction of commercial docks and/or structures and any other activity determined by CRMC that has not significantly or appropriately avoided impacts to SAV. Permanently lost or significantly altered SAV shall be replaced through the restoration of an historical SAV habitat or the creation of a new SAV habitat at a site approved by the Council. The ratio of restoration to loss shall be 2:1.

b. Activities under CRMC jurisdiction, including residential, commercial, industrial, and public recreational structures (§ 1.3.1(A) of this Part), recreational boating facilities (§ 1.3.1(D) of this Part), sewage treatment and stormwater (§ 1.3.1(F) of this Part), dredging and dredged materials disposal (§ 1.3.1(I) of this Part), filling in tidal waters (§ 1.3.1(J) of this Part), aquaculture (§ 1.3.1(K) of this Part), and activities undertaken in accordance with municipal harbor regulations (§ 1.3.1(O) of this Part), shall avoid and minimize impacts to SAV habitat.

c. The Council supports cooperative efforts to determine the current status and identify trends in the health and abundance of SAV species in Rhode Island using the best information as it becomes available.

d. Deep water habitats include subtidal waters bordering the immediate shoreline where a depth of three (3) or more meters is typically achieved within one hundred (100) to two hundred (200) feet seaward of the MLW mark. In these areas, eelgrass is typically limited to the shoreline fringe. This environmental setting is typical of the open waters of Narragansett Bay, Block Island and Rhode Island Sounds. Examples of these areas include the shorelines of Prudence Island, Jamestown and Block Island.

e. Shallow water habitats include subtidal waters where a depth of 3 meters is not attained within 100 - 200 feet of the shoreline and where the average waterbody depth is generally less than 3 meters. This situation is typical of the salt ponds and other shallow coastal embayments.

f. The Council shall assess the potential impacts to SAV and its habitat from proposed activities on a case-by-case basis. Such impacts may include, but shall not be limited to, the introduction of excess nutrients, sedimentation, shading, and/or disruption of SAV and SAV habitats.

g. All impacts to SAV and SAV habitat shall be avoided where possible and minimized to the extent practicable. Where the impacts are substantial or cannot be avoided or minimized, the Council may deny the application. The Council may exercise greater discretion if the proposed site is adjacent to or includes a restoration site and/or the site includes the sole source of SAV habitat.

h. SAV habitats designated for preservation within the boundaries of the Narragansett Bay National Estuarine Reserve (NBNERR) are identified on the SAV Habitats Designated for Preservation in Narragansett Bay maps (January 13, 2000), available for inspection at the Council's offices. The Narragansett Bay National Estuarine Research Reserve includes waters extending to the 18-foot depth contour around Patience Island, the northern half of Prudence Island, portions of the southern half of Prudence Island and Hope Island. In areas within the NBNERR which are designated for preservation on the above maps, alterations and activities which impact the health and abundance of the SAV habitat are prohibited. These maps serve to identify individual SAV habitats, and are for general reference only; in all cases precise boundaries shall be determined through a proper survey conducted in accordance with these guidelines when proposals that could impact these features are being considered.

i. In tidal waters where applicants propose activities under §§ 1.3.1(C), (D), (F), (I), (J), (K), and (O) of this Part, and the Council's staff determines that SAV habitat is not present, an SAV survey will not be required. When such activities are proposed in areas of current or historic SAV habitat, an SAV survey shall be required (see § 1.3.1(R)(3) of this Part).

j. It is the policy of the Council that SAV surveys shall be completed during peak biomass. SAV surveys shall be completed in Narragansett Bay between July 1 and September 15. SAV surveys shall be completed in the south shore coastal ponds and other shallow water embayments between July 1 and August 15. SAV must be avoided where possible by utilizing any available location and orientation which does not require crossing the bed with the dock. In evaluating applications for dock construction, and/or modifications to existing docks, in areas of known SAV habitat, the Council will consider dock design features including, but not limited to, the height and width of the dock structure, the orientation of the dock structure, the availability of sunlight to the eelgrass habitat, the cumulative impacts of multiple docks in the area, the disruption caused by construction and the disruption caused by normal use and maintenance of the dock structure. In determining the permissible design of a facility in an SAV habitat, the Council will rely on the latest available research, such as research findings developed by Burdick and Short (1995), and designs appropriate for the area.

k. Aquaculture operations, which utilize floating racks and bottom culture techniques, can shade SAV. However, shellfish aquaculture is acknowledged to improve water quality. Therefore, in cases where an aquaculture permit has been issued where SAV was not present and then due to improved water quality as a result of aquaculture operations, SAV subsequently colonizes within the permitted facility area, the leaseholder shall be considered grandfathered and not subject to the standards/requirements of this Section. Future proposed expansions shall be subject to review under this Section.

2. Prohibitions

a. The Narragansett Bay National Estuarine Research Reserve (NBNERR) includes waters extending to the eighteen (18) foot depth contour around Patience Island, the northern half of Prudence Island, portions of the southern half of Prudence Island, and Hope Island. In areas within the NBNERR which are designated for preservation on the SAV Habitats Designated for Preservation in Narragansett Bay maps, alterations and activities which impact the health and abundance of SAV habitat are prohibited.

b. Floats, and float and platform lifts (including grate-type structures) associated with residential docks are prohibited over SAV as defined herein (See § 1.1.2(A)(157) of this Part).

c. Boat lifts having the capacity to service vessels larger than a tender (vessels greater than twelve (12) feet long and greater than one thousand two hundred (1,200) lbs) are prohibited over SAV.

d. The long-term docking of vessels at a recreational boating facility shall be prohibited over SAV.

e. Residential docks that span eelgrass beds to avoid and/or minimize impacts to said eelgrass and which are proposed to be 200 feet or more in length seaward of mean low water (MLW) shall be prohibited.

3. Standards

a. For activities under §§ 1.3.1(C), (D), (F), (I), (J), (K), and (O) of this Part, where the Council's staff is satisfied that SAV is not present within the limits of the proposed activity, an SAV survey will not be required.

b. For activities under §§ 1.3.1(C), (D), (F), (I), (J), (K), and (O) of this Part, the Council shall require SAV surveys in tidal waters of the south shore salt ponds and other shallow water embayments, around Jamestown, Newport and in other areas when the Council's staff has evidence of SAV habitats. In areas where the Council's Staff lacks enough evidence to make a determination of SAV presence or absence, an SAV survey may be required.

c. A survey that has been conducted three or more years prior to the date of the application will not satisfy the requirements of this Section.

d. Where an SAV survey is required, the following standards are required. CRMC staff may require additional information:

(1) SAV surveys shall be completed during peak biomass. SAV surveys shall be completed in Narragansett Bay between July 1 and September 15. SAV surveys shall be completed in the south shore coastal ponds and other shallow water embayments between July 1 and August 15.

(2) Define the area of SAV within the limits of the proposed activity. The SAV survey requires a series of transects located between the property line extensions associated with the proposed project site. A survey shall include transect lines (quantity dependent on the size of the project area) running perpendicular to the shoreline three (3) meters apart (10 feet). Along each transect line a 1m&² quadrat sampling station shall be placed every three (3) meters (10 ft). It is important to go beyond the impacted area, especially to understand the impacts of the dock to SAV. In the case of fragmented beds, transect lines every two (2) meters may be necessary. For projects not adjacent to the shoreline (i.e., aquaculture projects), locate the transects relative to another reference, such as a channel boundary or depth gradient.

(3) Define a datum. The survey data for SAV shall be mean low water (MLW). MLW shall be set equal to zero.

(4) Quantify SAV along the transects. Establish in-water sampling stations along transects along the bottom or as otherwise necessary to accurately delineate the bed. Use a quadrat measuring 1 m on each side. At each sampling station, determine percent coverage for SAV. Record the following data for each station:

(AA) General sediment type (silt, mud, sand, shell, etc.) based on observation or shallow surface core only;

(BB) Estimate of percent coverage for each quadrat; and

(CC) Estimate the mean shoot length.

(5) Report data collected. Overlay the SAV percent coverage and water depth data onto the site plan for the dock. Show transects, sampling stations, water depth, date and time of survey, and fixed-point locations on the site plan. For each transect, areas of SAV and associated water depth shall be located on the plans, as well as the landward and seaward (where practicable) limits of SAV.

e. Standard design options for the construction of residential boating facilities in areas of SAV habitat.

(1) If it is determined that SAV cannot be avoided, the impact to the bed must be minimized by reducing the amount of structure over the bed, by making provisions for avoiding the docking or mooring of boats over the bed and through the utilization of a design which minimizes boat travel through the bed as necessary to minimize propeller impacts including leaf shearing and sediment scouring.

(2) Deep-water habitat (see §.1.3.1(R)(1)(c) of this Part) dock design: Docks which cannot avoid the crossing of SAV shall minimize shading impacts through the utilization of a design which is consistent with the "Burdick and Short" method. Docks designed to the Burdick and Short method shall extend to a minimum depth of - 5' MLW or shall extend to the seaward limit of the bed. CRMC regulations prohibit the installation of floats over eelgrass beds (see § 1.3.1(R)(4)(b) of this Part). Facilities which do not span the bed shall terminate as an elevated fixed pier or may utilize a fixed T or L section which is turned at a 90-degree angle to the main pier. All fixed T and L sections shall be designed to meet Burdick and Short. Access from the fixed pier, T or L section shall be by a ladder. Applicants proposing a dock using this design methodology may not dock a boat at the facility for purposes other than touch and go use and must show that a mooring is available for the long-term mooring of vessels proposed to be serviced by the facility. "Burdick and Short" methodology is available from the CRMC.

(3) The maximum length for facilities designed to meet Burdick and Short shall be when a depth of -5 MLW is obtained.

(4) Where a facility is not authorized to have a float, boat lifts to service tenders twelve (12) feet in length or less and having a one thousand two hundred (1,200) pound weight capacity or less may be authorized. These lifts shall be located near the terminus of the T or L section and achieve a minimum depth of four (4) feet MLW. Boat lifts of greater capacities over SAV are prohibited (see § 1.3.1(R)(4)(c) of this Part).

(5) In shallow water habitats, where it is possible to avoid the bed by limiting the seaward extent of the facility, the design plans must depict the inland edge of the existing bed as well as depth soundings along the proposed facility. If a depth of 18 inches at MLW is obtained prior to encroaching on SAV, then the dock shall terminate at that length and depth.

(6) Pile driving equipment may not be grounded on SAV during construction.

f. In order to minimize impact upon SAV, all operations and docking of vessels shall be confined to the terminal portion of the facility. Docking and operation of motorized boats and/or other vessels elsewhere along the facility shall only be permitted over areas of no SAV habitat, as determined during staff review.

1.3.2Alterations to Freshwater Flows to Tidal Waters and Water Bodies and Coastal Ponds

A. Policies

1. The Council recognizes that alterations to the volume and timing of fresh water discharged to estuarine water bodies can have a significant effect on the species and abundance of organisms present in the estuary and may also cause changes to sedimentation, erosion patterns, and flooding.

2. It is the Council's policy to maintain and enhance fish runs and to consult with the Department of Environmental Management when considering proposals that may affect these features.

B. Prerequisites

1. The construction of dams, tidal gates, and other structures affecting flows of tributaries and the circulation of tidal water bodies shall require an Army Corps of Engineers permit.

C. Standards

1. See standards given in "Filling, Removing, or Grading of Shoreline Features" in § 1.3.1(B) of this Part, as applicable.

2. See standards given in "Construction of Shoreline Protection Facilities" in § 1.3.1(G) of this Part, as applicable.

3. See standards given in "Sewage Treatment and Disposal" in § 1.3.1(F) of this Part, as applicable.

1.3.3Inland Activities and Alterations that are Subject to Council Permitting

A. Policies

1. For consistency with state land development legislation, the Council hereby adopts the activities identified by R.I. Gen Laws. § 45-23-27 as applicable for review.

2. The Council shall review all proposals inland of the area contiguous to shoreline features which involve any of the above identified activities and alterations. The Council shall determine whether such proposals have a reasonable probability of conflicting with this Program or with adopted CRMC Special Area Management Plans, or have the potential to damage the coastal environment. Since, with the exception of those activities defined below, it is not practically feasible for persons proposing every activity that may come under Council jurisdiction to undergo such a review, the Council's policy is to assume the responsibility of informing parties proposing such inland activities or alterations when such a review is considered necessary. Where Council jurisdiction has established that there is a reasonable probability of conflict with this Program or an adopted CRMC Special Area Management Plan, or where potential exists to damage the coastal environment, the Council shall require that an Assent be obtained and that suitable modifications to the proposal be made.

3. Council Assents are also required for any other activity or alteration not listed in Table 1, Table 1A, or Table 1B, but which has a reasonable probability of conflicting with the Council's goals and its management plans or programs, and/or has the potential to damage the environment of the coastal region.

4. Persons proposing subdivisions, cooperatives, and other multi ownership facilities, [of six (6) units or more] or activities generating more than forty thousand (40,000) square feet of impervious surface any portion of which extends onto a shoreline feature or its contiguous area, or within critical coastal areas, or those areas as identified in R.I. Gen. Laws § 45-23-27 are required to apply for a Council Assent.

5. Applicants proposing any of these activities shall satisfy all requirements specified in the RICRMP and any applicable special area management plan. Applicants shall also submit the following with their applications:

a. A stormwater management plan as required in § 1.3.1(F) of this Part and as described in the most recent version of the DEM Stormwater Management, Design, and Installation Rules (250-RICR-150-10-8).

b. A soils map of the property (suggested scale 1:200) with an accompanying analysis of the best use potential of the soils present; the soils maps and use potentials analysis prepared by the U.S.D.A. Natural Resources Conservation Service should be used as the basis for this analysis.

c. An overlay map showing the principal vegetation types or any significant features identified by the R.I. Natural History Survey and the R.I. Historic Preservation and Heritage Commission on the property; the maps prepared by McConnell (1974) and Kupa and Whitman (1972) may be the basis for information on vegetation.

d. An overlay showing the proposed subdivision layout, including buildings, roadways, parking areas, drainage systems, sewage treatment and disposal facilities, and undisturbed lands.

e. A Site Plan as detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual.

f. Prior to permitting, an archeological survey when recommended by the state Historical Preservation & Heritage Commission.

6. Applicants shall submit this information to the Council for review at the earliest stages of planning such projects and are required to utilize the Council's Preliminary Determination process in accordance with applicable requirements of the Land Development and Subdivision Review Enabling Act (R.I. Gen. Laws § 45-23-25et seq.). Where so requested, all parties shall discuss their findings and recommendations at the municipality's pre-application conference, preliminary hearing, or similar proceeding. The findings and recommendations resulting from the coordinated, joint review shall be forwarded to the full Council. Where the Council finds a reasonable probability of conflict with this Program or with an adopted CRMC Special Area Management Plan, or finds there is a potential to damage the coastal environment, the Council shall require that suitable modification to the proposal be made or shall deny its Assent.

7. In those cases where a subdivision has been approved by the Council, any person wishing to conduct an approved activity, in accordance with the stipulations of the Council Assent, need not apply for a separate Assent unless so required by a stipulation of the Assent.

8. Applicants proposing the following projects are required to submit these projects for the Council's review:

a. Power generating plants over forty (40) megawatts;

b. Chemical or petroleum processing, transfer or storage facilities (excluding storage facilities of less than 2,400 barrel capacity);

c. Freshwater wetlands in the vicinity of the coast;

d. Minerals extraction;

e. Sewage treatment and disposal facilities (excluding onsite wastewater treatment systems);

f. Solid waste disposal facilities; and,

g. Desalination plants.

9. Applicants proposing these activities shall demonstrate in writing that the Additional Category B requirements contained in § 1.3.1(A) of this Part have been satisfied. If the Council determines that there is a reasonable probability that the project may impact coastal resources, then it shall be required to obtain a Council Assent in accordance with all applicable requirements of this program.

B. Prerequisites

1. Solid waste disposal: permits from the Department of Environmental Management are required pursuant to the Solid Waste Management Act; and Air Quality Permit will have to be obtained from DEM if disposal practices include incineration. Disposal of hazardous wastes requires DEM permits pursuant to the R.I. Hazardous Waste Management Program as well as EPA permits.

2. Minerals extraction: DEM may require a wetlands permit and a Section 401 Water Quality Certification; the U.S. Department of Interior, Office of Surface Mining, issues permits for mining operations not including sand and gravel extraction.

3. Chemical processing, transfer, and storage: DEM may require permits pursuant to the Solid Waste Management Act and the R.I. Hazardous Waste Management Program, as well as an Air Quality Permit, Section 401 Water Quality Certification, and a Spill Contingency Plan. The DEM may require a Rhode Island Pollution Discharge Elimination System (RIPDES) permit.

4. Power generation: persons proposing a hydroelectric plant are required by DEM to obtain a Wetlands Permit, Dam Safety Certificate, and a Section 401 Water Quality Certification; a Preliminary Permit will also have to be obtained from the Federal Energy Regulatory Commission (FERC). Other power generating facilities may require a DEM Air Quality Certificate, Section 401 Water Quality Certification, and Spill Contingency Plan. An NPDES permit may have to be obtained from EPA Region 1.

5. Petroleum processing, transfer, and storage: DEM may require an Air Quality Certificate, a Section 401 Water Quality Certification, and a Spill Contingency Plan.

6. Sewage treatment and disposal: DEM requires an OWTS permit for onsite sanitary sewage disposal. Other facilities may require: an Underground Injection Control permit from the DEM; a DEM Section 401 Water Quality Certification, or a RIPDES permit from DEM.

C. Additional Category B requirements

1. Applicants proposing energy related facilities are referred to § 1.3.1(H) of this Part.

2. Persons proposing subdivisions, co-operatives, and other multi-ownership facilities, of six (6) units or more, or facilities which use larger onsite wastewater treatment systems (as defined in the RIDEM regulations for onsite wastewater treatment systems) which are designed, installed, or operated as a single unit to treat more than two thousand (2,000) gallons per day or any combination of systems owned or controlled by a common owner and having a total design capacity of two thousand (2,000)gallons per day, or facilities requiring one (1) acre or more of parking, any portion of which extends onto a shoreline feature or its contiguous area, or within the watershed of the poorly flushed estuaries delineated on the maps accompanying this program, are required to apply for a Council Assent. Applicants shall submit the following information to the Council for review in the early stages of planning such facilities:

a. A soils map of the property (suggested scale 1:200) with an accompanying analysis of the best-use potential of the soils present; the soils maps and use potentials analysis prepared by the U.S.D.A. Natural Resources Conservation Service should be used as the basis for this analysis.

b. An overlay map showing the principal vegetation types or any significant features identified by the R.I. Natural History and the R.I. Historic Preservation and Heritage Commission on the property; the maps prepared by McConnell (1974) and Kupa and Whitman (1972) may be the basis for information on vegetation.

c. An overlay showing surface drainage patterns and, where available, information on the depth to groundwater and the direction and volume of groundwater flows.

d. An overlay showing the proposed subdivision layout, including buildings, roadways, parking areas, drainage systems, sewage treatment and disposal facilities, and undisturbed lands.

e. Prior to permitting, an archeological survey when recommended by the state Historical Preservation & Heritage Commission.

3. This information shall be forwarded by the Council to other divisions of DEM for concurrent review. The city or town in which the action is proposed shall be notified of the review and invited to participate; where so requested, all parties shall discuss their findings and recommendations at the municipality's pre-application conference, preliminary hearing, or similar proceeding. The findings and recommendations resulting from the coordinated joint review shall be forwarded to the full Council. Where the Council finds a reasonable probability of conflict with this Program or with an adopted CRMC Special Area Management Plan, or finds there is a potential to damage the coastal environment, the Council shall require that suitable modification to the proposal be made or shall deny its Assent.

4. In those cases, where a subdivision has been approved by the Council, any person wishing to conduct an approved activity, in accordance with the stipulations of the Council Assent, need not apply for a separate Assent unless by permit condition.

5. In computing six units or more the units shall be a total cumulative number of units on the property proposed after March 11, 1990, irrespective of ownership of the property or when the units are proposed.

D. Standards

1. See standards given in "Filling, removing, or grading" in § 1.3.1(B) of this Part, as applicable.

2. See standards given in "Residential, commercial, industrial, and public recreational structures" in § 1.3.1(C) of this Part, as applicable.

3. See standards given in "Treatment of sewage and stormwater" in § 1.3.1(F) of this Part, as applicable.

1.3.4Activities Located Within Critical Coastal Areas

A. Policies

1. It is the goal of the Council to manage the watersheds of poorly flushed estuaries and critical coastal areas as an ecosystem, and to maintain the scenic qualities and habitats of the region, in addition to the diversity and intensity of activity. This requires that the Council balance multiple uses of the region, while preserving and, where possible, restoring the environmental quality. Managing these ecosystems requires managing the impacts associated with onsite sewage disposal, nutrient loadings to groundwater, stormwater runoff, erosion and sedimentation, changes in salinity levels, alterations to wetlands, and the degradation of other sensitive aquatic and terrestrial habitats as a result of development. Because the poorly flushed estuaries are particularly susceptible to the cumulative and secondary impacts of development, managing these ecosystems requires a comprehensive and coordinated long-term management approach as well as protective measures in excess of those afforded by the RICRMP.

2. Accordingly, the Council has developed Special Area Management Plans which contain ecosystem-based management strategies that address diverse issues consistent with the Council's legislative mandate to preserve and restore ecological systems. Central to this strategy is the recognition of complex interrelationships within the ecosystem. Special pollution concerns as well as cumulative and secondary impacts of various development activities on coastal resources require the Council to review specified activities inland of the two hundred (200) foot contiguous area within critical coastal areas because the activities have a reasonable probability of conflicting with the goals and objectives of the special area management plans and lead to clear impacts on coastal resources. The specified activities correspond to major land uses and impacts on the ecosystem.

3. Since, with the exception of those activities defined below, it is not practical for every activity that may come under Council jurisdiction to undergo review the Council's policy is to assume the responsibility of informing parties proposing such inland activities or alterations when such a review is considered necessary.

4. The Council has determined that the following activities within the watersheds of poorly flushed estuaries have a reasonable probability of conflicting with the management goals and objectives of this program or the Council's special area management plans:

a. Subdivisions, cooperatives, and other multi-ownership facilities [of six (6) units or more];

b. A structure serviced by an onsite wastewater treatment system serving two thousand (2,000) gallons or more per day;

c. An activity which results in the creation of forty thousand (40,000) sq. ft. or more of impervious surface;

d. Construction or extension of municipal or industrial sewage treatment facilities and sewer lines; and,

e. Construction or extension of water distribution systems and/or supply lines.

f. All roadway construction and upgrading projects; and

g. Development affecting freshwater wetlands in the vicinity of the coast.

5. Applicants proposing these activities within critical coastal areas are required to apply for a Council Assent.

6. Applicants proposing any of the activities identified above shall satisfy all applicable requirements specified in the RICRMP as well as the Council's special area management plans. Applicants are also required to submit the following with their applications:

a. A stormwater management plan prepared in accordance with § 1.3.1(F) of this Part.

b. An erosion and sediment control plan prepared in accordance with the standards contained in § 1.3.1(B) of this Part.

c. A soils map of the property (suggested scale 1:200) with an accompanying analysis of the best-use potential of the soils present; the soils maps and use potentials analysis prepared by the U.S.D.A. Natural Resources Conservation Service should be used as the basis for this analysis.

d. An overlay map showing the principle vegetation types or any significant features identified by the R.I Natural History Survey and the R.I Historic Preservation and Heritage Commission on the property; the maps prepared by McConnell (1974) and Kupa and Whitman (1972) may be the basis for information on vegetation.

e. An overlay showing the proposed subdivision layout, including buildings, roadways, parking areas, drainage systems, sewage treatment and disposal facilities, and undisturbed lands.

f. A site plan as detailed in the most recent version of the DEM Stormwater Management, Design and Installation Rules (250-RICR-150-10-8).

7. The city or town in which the action is proposed shall be notified of the review and invited to participate. Applicants for subdivisions shall submit this information to the Council for review at the earliest stages of planning such projects and are required to utilize the Council's Preliminary Determination process in accordance with applicable requirements of the Land Development and Subdivision Review Enabling Act (R.I. Gen. Laws § 45-23-25et seq.). Where so requested, all parties shall discuss their findings and recommendations at the municipality's pre-application conference, preliminary hearing, or similar proceeding. The findings and recommendations resulting from the coordinated, joint review shall be forwarded to the full Council. Where the Council finds a reasonable probability of conflict with this Program or with an adopted CRMC Special Area Management Plan, or finds there is a potential to damage the coastal environment, the Council shall require that suitable modification to the proposal be made or shall deny its Assent.

8. Applicable requirements of the RICRMP shall apply unless superseded by the requirements of a special area management plan.

9. In those cases where a subdivision has been approved by the Council, any person wishing to conduct an approved activity, in accordance with the stipulations of the Council Assent, need not apply for a separate Assent unless so required as a stipulation of Assent.

B. Standards

1. See standards given in "Filling, removing, or grading" in § 1.3.1(B) of this Part, as applicable.

2. See standards given in "Residential, commercial, industrial, and public recreational structures" in § 1.3.1(C) of this Part, as applicable.

3. See standards given in "Treatment of sewage and stormwater" in § 1.3.1(F) of this Part, as applicable.

1.3.5Policies for the Protection and Enhancement of the Scenic Value of the Coastal Region

A. General policies

1. The primary goal of all Council efforts to preserve, protect, and, where possible, restore the scenic value of the coastal region is to retain the visual diversity and often unique visual character of the Rhode Island coast as it is seen by hundreds of thousands of residents and tourists each year from boats, bridges, and such public vantage points as roadways, public parks, and public beaches.

2. Every effort should be made to safeguard from obstruction significant views to and across the water from highways, scenic overlooks, public parks, and other vantage points enjoyed by the public.

3. The importance of the skyline as seen from tidal waters in determining the character of a view site must be recognized; it should, where possible, not be disrupted by visually intrusive structures.

4. On sites in or adjacent to historic features and districts, new structures should be designed to provide continuity with the existing scenic and historic character. Within historic districts, applicants shall consult with the Historic Preservation Commission to identify means for minimizing disruption and, where possible, enhancing the historic value of the area.

5. Excellent guidance for preserving the visual character and quality of coastal landscapes in Rhode Island are contained in "Building at the Shore: A Handbook for Residential Development on the Rhode Island Coast." Review copies are available at the Council's office in Wakefield.

B. In and adjacent to Type 1, 2, and 4 waters

1. Structures along the water's edge should be screened by vegetation, preferably with native species typical to the area rather than exotic.

2. Trees that form the first line of visual definition as one looks landward from the water should be preserved.

3. In new developments, trees should be planted in the drifts that generally follow land contours and parallel the water's edge rather than in lines that cut across landscape contours.

4. Disruptions of natural landform and vegetation should be minimized.

5. New developments should not compete visually with such significant shoreline features as coves, peninsulas, cliffs, and bluffs; they should be set back and screened.

C. In and adjacent to Type 3, 5, and 6 waters

1. In all areas adjacent to Type 3 and 5 waters and, where appropriate, adjacent to Type 6 waters, the public should, where possible, be provided a sense of the water from within the townscape. Views to and across the water through yards, between houses, and from roadways should be preserved and, where possible, created.

2. When new structures are proposed adjacent to Type 3 and 5 waters, the character of new structures should be consistent and in character with existing buildings. The design of new structures should be based on an analysis of the patterns of existing buildings, including rooflines, roof slopes, building materials, colors, and window patterns. It is not necessary, however, to imitate pre twentieth century structures.

1.3.6Protection and Enhancement of Public Access to the Shore

A. Policies

1. As trustee of Rhode Island's coastal resources and in accordance with state and federal statutory mandates, the Council has a responsibility to ensure that public access to the shore is protected, maintained and, where possible, enhanced for the benefit of all.

2. It is the Council's policy to protect, maintain and, where possible, enhance public access to and along the shore for the benefit of all Rhode Islanders.

3. It is the Council's policy to require applicants to provide, where appropriate, on-site access of a similar type and level to that which is being impacted as the result of a proposed activity or development project.

4. Certain activities which require the private use of public trust resources to the exclusion of other public uses necessarily impact public access. Due to their likelihood of impacting public access and/or the public's use and enjoyment of Rhode Island's public trust resources, it is the Council's policy to require that applications for the following activities include a public access plan.

a. Commercial and industrial development and redevelopment projects, as defined in § 1.3.1(C) of this Part.

b. New and significant expansions to marinas, as defined in § 1.3.1(D) of this Part.

c. Activities which involve the filling of tidal waters, as defined in § 1.3.1(J) of this Part, other than those considered as maintenance, as defined in § 1.3.1(G) of this Part.

5. In accordance with § 1.1.7 of this Part, a variance from this policy may be granted if an applicant can demonstrate that no significant public access impacts will occur as a result of the proposed project.

6. Publicly funded beach nourishment projects shall contain a public access component.

7. In accordance with R.I. Gen. Laws § 32-6-5(b), limited liability applies when the CRMC stipulates public access as a permit condition and when the Council designates a public right-of-way to the shore.

B. General policies

1. Any public access impacts associated with a proposed project should be avoided and minimized to the maximum extent possible.

2. Any public access created to compensate for proposed project impacts should be of a type and level similar to that which will be impacted.

3. In cases where access cannot practically be provided onsite, due to safety, security, environmental or other considerations, the Council may permit access be provided offsite.

4. All structural shoreline protection facilities should be designed and constructed in a manner which does not reasonably interfere with the public's right to pass and re-pass along the shore.

C. Policies for the development of public access plans

1. The Council recognizes that public access plans should be developed based on the uniqueness of each site and encourages applicants to consult with staff early in the planning process.

2. Public access plans should provide for a level of access directly proportional to, and a type of access similar to, that which will be impacted by the proposed project.

3. In cases where access of a similar type and level cannot be provided onsite, the Council will consider offsite alternatives. Applicants should consult with staff and municipal officials when considering offsite alternatives.

4. All public access plans should be consistent with the Americans with Disabilities Act of 1990. Standards for Accessible Design (2010) incorporated by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

5. All public access plans should provide for long-term maintenance.

6. When developing public access plans, applicants may incorporate the following examples:

a. Physical access: the ability to reach the shoreline from upland areas via perpendicular access points such as rights-of-way, boat launch ramps, and fishing piers; and, the ability to pass and re-pass laterally along the shore.

b. Visual access: the ability to view the coast and shoreline areas without obstruction by structures. Visual access can be provided or enhanced through the provision of viewing platforms, observatories, scenic drives, and innovative architectural designs.

c. Interpretive access: the provision of signage, plaques, or other techniques to educate the public about the historical, ecological, economic, cultural or other significant aspects of a coastal site.

650 R.I. Code R. 650-RICR-20-00-1.3

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