830 R.I. Code R. 830-RICR-10-35-1.6

Current through December 3, 2024

Section 830-RICR-10-35-1.6 - Permitted Projects and Eligible Costs

A. Permitted Projects shall include those defined in R.I. Gen. Laws §§ 46-23.3-2 and 46-23.3-5.

1. The following categories of projects will be considered, either alone or in combination, and include but are not limited to projects on public land that protect or enhance coastal or riverine habitats to address climate change impacts. These include, but are not limited to:

a. Projects that reduce the vulnerability of low-lying infrastructure on public land through measures that include removal and relocation of infrastructure.

b. Restoration of river and stream floodplains, including regrading of banks.

c. Revegetation.

d. Acquisition of that area of land necessary to maintain and preserve public access.

e. Redesigning, resizing, and replacing culverts and bridge spans at existing wetland crossings.

f. Additional adaptation and resilience projects deemed to be eligible under R.I. Gen. Laws § 46-23.3-5.

2. The following categories of projects that are not eligible include those defined in R.I. Gen. Laws § 46-23.3-5(b) and are:

a. Projects mitigating any current, planned, or future projects that degrade, fill, or otherwise destroy coastal, estuarine, or riverine habitats.

b. Projects fulfilling any liability for restoration required by any local, state, or federal agency pursuant to an environmental or public health enforcement action.

c. Projects elevating, repairing, or replacing infrastructure, or constructing new infrastructure, in its existing location that is experiencing climate change impacts, except as otherwise provided in R.I. Gen. Laws § 46-23.3-5.

d. Projects constructing new, or repairing existing shoreline protection structures; provided, however, that existing shoreline protection structures on public parks may be repaired.

e. Constructing roads or bridges, except as permitted pursuant to this Part.

B. Project Costs

1. The following types of costs are eligible to be paid for from grant awards provided from OSCAR pursuant to this Part:

a. Consulting services including but not limited to planning, design, environmental, historic preservation, and engineering.

b. Legal and other professional services directly related to the project and project development.

c. Plants and planting materials.

d. Construction or implementation.

e. Materials needed to complete the Project.

f. Monitoring, oversight, and inspection services.

g. Personnel costs directly related to the performance of the project.

h. Community outreach and engagement.

2. Grant awards shall not be used to the following:

a. Administrative costs including clerical support, monthly utility expenses, the purchase of office equipment, personnel costs associated with fund raising for the nongovernmental entity, etc.

b. State or federal lobbying costs.

c. Response costs for emergency response actions caused or exacerbated solely by the applicant or their agents or assigns.

d. Any fines, damages, assessments, settlements or other monies paid in connection with any litigation or administrative proceeding with any local, state or federal regulatory agencies.

830 R.I. Code R. 830-RICR-10-35-1.6

Adopted effective 7/11/2023