Section 650-RICR-20-00-5.7 - Area of Particular Concern Zone (formerly section 170)A. Policy1. Within the APC Zone, it is the policy of the RICRMC to maintain and restore natural vegetated coastal buffers with maximum widths to protect the valuable habitats and/or contiguous vegetated corridors contained within the zone. The Council does not support projects that propose to alter existing natural areas having high environmental value for habitat, recreation, or scenic quality, as delineated on the Urban Coastal Greenway HPCA and HPRA Map (See § 5.16(D) of this Part). Accordingly, projects that propose to alter these habitats are inconsistent with this policy, and are strongly discouraged.2. Applicants have a choice of either Option 1 (standard buffer width) or Option 2 (variance request) as detailed below for projects located in the APC Zone.3. Any public access plans should be consistent with §1.3.6 of this Subchapter.4. Projects under either option must meet the 15% minimum vegetative cover and stormwater management requirements.B. Standards 1. Option 1: Standard buffer width. a. All development proposals within the APC Zone that completely meet the requirements under this option will be processed as Category A applications in accordance with the RICRMP.b. Applicants choosing this option must adhere to the standard buffer width as determined in § 5.16(B) of this Part. In addition, all structures must be set back 25 feet from the inland edge of the buffer.c. The buffer must be comprised of a mix of native plant species and must remain in a natural and undisturbed state. At the discretion of the CRMC, limited buffer zone management activities may be authorized only when it is clearly demonstrated that the habitat quality of the affected area will not be diminished.d. The applicant must provide a public access plan in accordance with §1.3.6 of this Subchapter.e. Under Option 1, variances to the buffer width are not permissible.2. Option 2: Variance request. a. All development proposals within the APC Zone seeking a buffer variance shall be processed as Category B applications in accordance with the RICRMP.b. An applicant may only reduce the standard APC Zone buffer width through the granting of a variance by the RICRMC in accordance with § 5.11 of this Part. At no time shall any applicant provide a buffer less than 50% of the required buffer width as determined in § 5.16(B) of this Part (Appendix 2). Furthermore, the minimum buffer width within an APC Zone shall be twenty-five (25) feet.c. Any proposals for a buffer less than 50% of the required APC Zone buffer width shall require a Special Exception in accordance with §1.1.8 of this Subchapter.d. All structures must be set back 25 feet from the inland edge of the buffer.e. In the event that a buffer variance is approved, the applicant must compensate for the difference between the required buffer width and any reduced buffer width at twice the rate described in § 5.13(A) of this Part. Variance requests for APC zone buffers may not use the compensation measures described in § 5.13(B) of this Part to meet their obligations under this section.C. Figure 6: Decision tree for area of particular concern zone requirements Click here to view
650 R.I. Code R. 650-RICR-20-00-5.7