650 R.I. Code R. § 650-RICR-20-00-1.2 Areas Under Council Jurisdiction

• Library: Rhode Island Administrative Code
• Edition: 2023
• Currency: Current through December 28, 2023
• Year: 2023
• Citation: 650 R.I. Code R. § 650-RICR-20-00-1.2

1.2.1 Tidal and Coastal Pond Waters

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

B. Type 1 Conservation Areas 1. Included in this category are one or more of the following:a. Water areas that are within or adjacent to the boundaries of designated wildlife refuges and conservation areas; b. Water areas that have retained natural habitat or maintain scenic values of unique or unusual significance; and c. Water areas that are particularly unsuitable for structures due to their exposure to severe wave action, flooding, and erosion. 2. Policies a. The Council's goal is to preserve and protect Type 1 waters from activities and uses that have the potential to degrade scenic, wildlife, and plant habitat values, or which may adversely impact water quality or natural shoreline types. b. The mooring of houseboats and floating businesses, the construction of recreational boating facilities, filling below mean high water, point discharge of substances other than properly treated runoff water (see §1.3.1(F) of this Part), and the placement of industrial or commercial structures or operations (excluding fishing and aquaculture) are all prohibited in Type 1 waters. c. In Type 1 waters, activities and alterations including dredging, dredged materials disposal, and grading and excavation on abutting shoreline features are all prohibited unless the primary purpose of the alteration or activity is to preserve or enhance the area as a natural habitat for native plants and wildlife or a beach renourishment/ replenishment project. Structural shoreline protection facilities shall not be permitted to preserve or enhance these areas as a natural habitat or to protect the shoreline feature. d. Notwithstanding the Council's prohibition against construction of recreational boating facilities in Type 1 Waters, the Council recognizes that some residential boating facilities may have preexisted in Type 1 Waters prior to the formation of the Council. The Council's ultimate goal is to remove said structures and restore the areas involved to be free of all recreational boating facilities. Although recreational boating facilities are inconsistent with the Council's goals for Type 1 Waters, and in order to provide for the equitable transition and compliance with the Council's goals, preexisting residential boating facilities may be permitted under the limited terms and conditions set forth in §1.3.1(D) of this Part. e. Since runoff can be a major source of pollutants from developed areas, new or enlarged point discharges of untreated runoff shall be permitted in Type 1 waters only when it is demonstrated that no reasonable alternative exists and that no significant adverse impact to the receiving waters will result. The cumulative impacts of runoff are of particular concern in Type 1 waters. f. Applicants for Council Assents for alterations or activities in or contiguous to Type 1 waters shall describe the measures taken to mitigate impacts on the scenic quality of the area (see § 1.3.5 of this Part). g. Activities and alterations subject to Council jurisdiction contiguous to public parks, public beaches, public rights of way to the shore, and conservation areas abutting Type 1 waters shall not significantly interfere with public use and enjoyment of such facilities. Where significant interference is found, the Council shall suitably modify or prohibit that alteration or activity.

C. Type 2 Low Intensity Use1. This category includes waters in areas with high scenic value that support low intensity recreational and residential uses. These waters include seasonal mooring areas where good water quality and fish and wildlife habitat are maintained. 2. Policies a. The Council's goal is to maintain and, where possible, restore the high scenic value, water quality, and natural habitat values of these areas, while providing for low intensity uses that will not detract from these values. b. New or deepened dredged channels and basins; new or deepened dredged channels and basins at existing marinas that result in an expansion greater than twenty-five percent (25%) of their capacity; new marinas and expansion of preexisting marinas in excess of twenty-five percent (25%) of their capacity; the mooring of houseboats and floating businesses; industrial and commercial structures and operations (excluding fishing and aquaculture); and filling are all prohibited in Type 2 waters. c. The Council's intent for preexisting marina operations located in Type 2 Waters is to allow for their continued maintenance and viability as such operations. Maintenance dredging dock reconfigurations, activities such as travel lift operations and other best available technologies, and other ancillary activities necessary to maintain the operational viability of the facility, should be expected to occur at preexisting marina operations in these waters. Structural shoreline protection facilities should not be prohibited. Such allowances will only be instituted at marina facilities with approved marina perimeters and will be reviewed in accordance with applicable standards of §1.3.1(D) of this Part. In order to be eligible for this policy, applications for marina perimeters must be submitted to the CRMC by April 1, 1994. Current capacities of preexisting marinas, as found in CRMC approved special area management plans, and similar management plans, should be recognized and no attempt should be made to require these preexisting marinas to meet their capacities as of January 1981. d. Residential boating facilities, public launching ramps, and structural shoreline protection facilities may be permitted in Type 2 waters, provided it can be demonstrated that there will be no significant adverse impact to coastal resources, water dependent uses or public's use and enjoyment of the shoreline and tidal waters of the State. It is the Council's policy that one or more of the following conditions describe a situation, condition, or proposal that is deemed to have a significant adverse effect on Rhode Island's coastal resources and therefore is grounds for denial or modification of an application for an Assent: (1) The construction of the proposed facility may cause significant impacts on coastal wetlands and other public trust resources (e.g. shellfish, finfish, submerged aquatic vegetation, etc.); (2) Access to the construction site is not available without causing significant impacts to Rhode Island's coastal resources (e.g. coastal wetlands); (3) The proposed facility would significantly interfere with and/or impact other public trust uses of the tidal or inter-tidal areas of the shoreline (e.g. interfere with navigation); or (4) Water depths adjacent to the site would require dock span lengths in excess of the standards contained in §1.3.1(D) of this Part in order to allow normal and appropriate use of the dock by a vessel. e. Applicants for Council Assents for alterations or activities in Type 2...