Section 650-RICR-20-00-7.6 - Areas of Particular Concern (formerly section 160)A The areas of particular concern (APC) zone are as defined in § 7.2(A)(1) of this Part.B. Policy 1. Within the APC Zone, it is the policy of the CRMC to maintain and restore native vegetated coastal buffers with maximum widths to protect the valuable habitats and/or contiguous vegetated corridors contained within the zone consistent with §1.1.11 of this Subchapter. The CRMC 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 AI SAMP map (See § 7.11 of this Part: Appendix A - Habitat Values and Habitat Linkage for Unbuilt Lands With the Aquidneck Island SAMP Boundary). 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 Section 335 of the CRMP.4. Projects under either option must meet the 25% minimum vegetative cover and stormwater management requirements described in § 7.5 of this Part.C. 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 CRMP.b. Applicants choosing this option must adhere to the standard buffer width as determined in Table 1 in § 7.7(C)(1) 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. CRMC may authorize limited buffer zone management activities 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 CRMP.b. An applicant may only reduce the standard APC Zone buffer width through the granting of a variance by the CRMC in accordance with §1.1.7 of this Subchapter. At no time shall any applicant provide a buffer less than 50% of the required buffer width, as determined in Table 1 in § 7.7(C)(1) of this Part below. 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 provide compensation in the form of public amenities for the difference between the required buffer width and any reduced buffer width.650 R.I. Code R. 650-RICR-20-00-7.6
Amended effective 12/17/2018