Header:
CODE OF RHODE ISLAND RULES
AGENCY 04. COASTAL RESOURCES MANAGEMENT COUNCIL
SUB-AGENCY 000. GENERAL
CHAPTER 016. SALT POND REGION SPECIAL AREA MANAGEMENT PLAN REGULATIONS
Date:
08/31/2009
Document:
04 000 016. SALT POND REGION SPECIAL AREA MANAGEMENT PLAN REGULATIONS
Chapter 9. Regulations is reprinted here. For a copy of the entire Salt Pond Special Area Management Plan, contact: Coastal Resources Management Council, Stedman Government Center, 4808 Tower Hill Road, Suite 3, Wakefield, RI 02879-1900, Tel. (401) 783-3370, Fax (401) 783-3767.
Section 900. Introduction.
A. The Rhode Island Coastal Resources Management Program
1. The Rhode Island Coastal Resources Management Program (RICRMP) should be referred to for specific regulatory requirements on buffers, setbacks, subdivisions, recreational docks, barrier beach development, beach replenishment and any other activities which occur within the Salt Pond Region.
B. Application Process
1. The RICRMP has three categories of applications: Category A, B and A*:
(a) Category A activities are routine matters and activities of construction and maintenance work that do not require review of the full Council if four criteria are met: buffer zone compliance, abutter agreement, and proper state and local certifications.
(b) Category A* applications are put out to public notice for the benefit of the abutters to the affected property and local and state officials.
(c) Category B applications are reviewed by the full Council and the applicant must prepare in writing an environmental assessment of the proposal that addresses all of the items listed in Section 300.1 of the RICRMP and any additional requirements for Category B applications listed for the activity in question.
2. A Category A review may be permitted for A* activities provided that the Executive Director of CRMC determines that all criteria within Section 110.1 A of the RICRMP and the relevant SAMP requirements and prerequisites are met. The proposed activity shall not significantly conflict with the existing uses and activities and must be considered to be a minor alteration with respect to potential impacts to the waterway, coastal feature, and areas within RICRMP jurisdiction.
3. The following activities which occur within the Salt Pond Region require a CRMC assent (application approval).
(a) Activities within 200 feet of a coastal feature (see RICRMP for specific category). (Category A, A*, B)
(b) Watershed Activities (specific activities taking place within the SAMP watershed).
(i) New subdivisions of 6 units or more, or re-subdivision for a sum total of 6 units or more on the property proposed after March 11, 1990 irrespective of ownership of the property or the length of time between when units are proposed. (Category B)
(ii) Development requiring or creating more than 40,000 square feet of total impervious surface. (Category A*/B)
(iii) Construction or extension of municipal, private residential hook-ups to existing lines, or industrial sewage facilities, conduits, or interceptors (excluding onsite sewage disposal systems outside the 200' zone). Any activity or facility which generates or is designed, installed, or operated as a single unit to treat more than 2,000 gallons per day, or any combination of systems owned or controlled by a common owner and having a total design capacity of 2,000 gallons per day. (Category A*/B)
(iv) Water distribution systems and supply line extensions (excluding private residential hook-ups to existing lines). (Category A*/B)
(c) All roadway construction and upgrading projects. (Category A*/B)
(d) Development affecting freshwater wetlands in the vicinity of the coast. (Category A/B)
4. For projects involving the following, refer to Section 320 of the RICRMP for the appropriate category.
(a) Construction or extension of public or privately owned sanitary landfills.
(b) New mineral or aggregate (sand/gravel) mining.
(c) Processing, transfer, or storage of chemical and hazardous materials.
(d) Electrical generating facilities of more than 40 megawatts capacity.
(e) All commercial in-ground petroleum storage tanks of more than 2,400 barrels capacity, all petroleum processing and transfer facilities [residential prohibited].
(f) Proposed new or enlarged discharges (velocity and/or volume) to tributaries, tidal waters, or 200' shoreline feature contiguous area.
(g) Solid waste disposal.
(h) Desalination plants.
In addition to the activities listed above, if the Council determines that there is a reasonable probability that the project may impact coastal resources or a conflict with the SAMP or RICRMP, a Council Assent will be required in accordance with all applicable sections of this program.
5. All applicants shall follow applicable requirements as contained in the RICRMP, including any specific requirements listed under water types in section 200 and additional Category B requirements in Section 300, the requirements and prerequisites in Section 320 for Inland Activities, and any regulations in this SAMP chapter.
6. Applicants proposing the above listed activities are required to submit the following with their applications:
(a) A Stormwater Management Plan prepared in accordance with Section 300.6 and as described in the most recent version of the Rhode Island Stormwater Design and Installation Manual,
(b) An Erosion and Sediment Control Plan prepared in accordance with the standards contained in Section 300.2.
(c) An Existing Conditions Site Map and a Proposed Final Site Map as required in Section 320 of the RICRMP and as specified in the section for Site Plan Requirements in the Rhode Island Stormwater Design and Installation Standards Manual.
7. Preliminary determinations may be filed for any project by the municipality or the applicant. Preliminary determinations provide advice as to the required steps in the approval process, and the pertinent ordinances, regulations, rules, procedures and standards which may be applied to the proposed development project. Any findings and recommendations resulting from this preliminary review shall be utilized if the applicant returns to file a full assent request for the project, and will be forwarded to the Council as part of the staff reports for major development plans. Applicants for Category B activities within the SAMP watershed 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.G.L. 45-23-25 et seq.). Where the Council finds there is a potential to damage the coastal environment, the Council will require that suitable modification to the proposal be made.
C. Variances and Special Exceptions are granted by the Council under section 120 and 130 of the RICRMP respectively.
1. Applicants desiring a variance from a standard must make the request in writing and address five criteria:
(a) The proposed alteration conforms to applicable goals and policies in Parts Two and Three if the RICRMP.
(b) The proposed alteration will not result in significant adverse environmental impacts or use conflicts.
(c) Due to conditions at the site in question, the standard will cause the applicant an undue hardship.
(d) The modification requested by the applicant is the minimum necessary to relieve an undue hardship.
(e) The undue hardship is not the result of any prior action of the applicant.
The application is only granted an assent if the Council finds that the above criteria are met.
2. Special exceptions may be granted to prohibited activities to permit alterations and activities that do not conform to a Council goal for the areas affected or which would otherwise be prohibited by the requirements of the RICRMP only when the applicant has demonstrated that:
(a) The proposed activity serves a compelling public purpose which provides benefits to the public as a whole as opposed to individual or private interests. The activity must be one or more of the following: (1) an activity associated with public infrastructure such as utility, energy, communications, transportation facilities; (2) a water-dependent activity that generates substantial economic gain to the state; and/or (3) an activity that provides access to the shore for broad segments of the public.
(b) All reasonable steps shall be taken to minimize environmental impacts and/or use conflict.
(c) There is no reasonable alternative means of, or location for, serving the compelling public purpose cited.
D. Coordinated Review with Municipalities
1. Under the Subdivision Review Act, one or more pre-application meetings shall be held for all major land developments or subdivision applications (Land Development and Subdivision Review Enabling Act, R.I.G.L. 45-23-25 et seq.). Pre-application meetings may be held when a preliminary determination is filed with the CRMC, or informally when the municipality requests information from CRMC. All major land development projects as defined under the act and residential subdivisions of 6 units or more shall be considered major land development plans and should file a preliminary determination request with CRMC. The purpose of these meetings is to:
X Identify and discuss major conflicts and possible design alterations or modifications to obviate conflicts.
X Discuss the likely onsite impacts of alternatives or modifications and on the ecosystem as a whole.
X Ensure that there is consensus among the regulatory agencies on any changes, and that conflicts with permit requirements do not arise.
E. Federal Consistency
1. Activities involving a direct or indirect federal activity (includes activities that require a federal permit, such as an Army Corps of Engineers Permit) also require Council review in accordance with the Federal Consistency process contained in the Section 307 of the Coastal Zone Management Act. The Council has developed a handbook to assist those subject to Federal Consistency review. Persons proposing an activity involving a direct or indirect federal activity are referred to the most recent version of this handbook.
F. Coastal Nonpoint Pollution Control Program
1. Section 6217 of the Coastal Zone Management Act amendments of 1990, required each coastal state with a federally approved coastal management program to develop and submit a Coastal Nonpoint Pollution Control Program (CNPCP) to the EPA and the National Oceanic and Atmospheric Administration (NOAA) by July 1995. Rhode Island's CNPCP, developed by the RIDEM, the Department of Administration and the CRMC, applies to four general land use activities: agriculture, urban (new development, septic systems, roads, bridges, highways, etc.), marinas, and hydromodifications. There are also management measures to protect wetlands and riparian areas, and to promote the use of vegetative treatment systems (EPA 1993).
Section 910.1 Municipal Responsibility.
A. The Town officials and administration involved in construction, approval of construction and/or regulations regarding the zoning, density, and build-out of development are the municipal arm of this SAMP.
1. Local authorities are responsible for applying the regulations and land use policies to ensure proper application of this plan. Towns should exercise particular consideration of subdivisions because of the potential impacts from stormwater, sewage disposal, infrastructure demands, and decreased open space.
CRMC evaluates projects that fall under this plan as referenced earlier, even if development is not completed all at once. A developer still falls under the CRMC major subdivision review conditions upon additional construction. Stormwater concerns, sewage disposal concerns, buffers, etc. may be difficult to accommodate with the addition of new lots. Therefore it is important for municipalities to apply SAMP regulations to initial development of a subdivision.
Section 920. Water Quality.
A. Introduction
1. The evidence presented in Chapter 3 Water Quality indicates that water quality continues to be degraded in the Salt Pond Region due to existing residential sources of nitrogen and bacteria. Although research conducted at the University of Rhode Island suggests a correlation between housing density and the symptoms of eutrophication in the salt ponds, there is no clear nitrogen loading threshold which CRMC can apply to each individual activity and development. Accordingly, CRMC addresses nitrogen loading through conservative land use regulations and nitrogen reducing technologies.
2. The installation and operation of nitrogen removal systems is permissible under the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. CRMC requires nitrogen removal systems as noted in Table 9-1 and in Section 920.1.
3. In addition to the impacts of nitrogen, other nonpoint sources of pollution like sediment from erosion and road runoff, petroleum hydrocarbons from vessel engines and road salts are also a concern. As impervious areas increase within the salt pond watersheds these pollutants have a greater potential to reach coastal waters.
4. Table 9-1 summarizes the Land Use Classification System, with the requirements for nitrogen reducing technologies, buffer zone and setback requirements. The CRMC land use classification maps which regulate land use densities and other activities in the SAMP region follow Section 920.1. The following are the definitions, policies, regulations and recommendations which correspond to the three CRMC land use classifications.
Table 9-1. CRMC Land-Use Classification Requirements for Density, Setbacks, Buffer Zones and Nitrogen Reducing Technologies for activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4.Display Table
[SE or Var] indicates if relief from the requirement or regulations requires a Special Exception, Variance or both.
[n1 CRMC Land-Use Classification Requirements for Density, Setbacks, Buffer Zones and Nitrogen Reducing Technologies are for activities within CRMC jurisdiction (See Section 900.B.3 and 900.B.4)
n2 A Special Exception is required for relief from the density requirement, coastal buffer, construction setback, OWTS setback or nitrogen reducing technology requirement unless the lot is preplatted (see Section 920.1, Land Use Classification for Watershed Protection), and cannot accommodate the requirement.
n3 Nitrogen reducing technologies are alternative wastewater systems which can reduce total nitrogen concentrations by at least 50%.
n4 As defined by the Rhode Island Department of Environmental Management, Rules and Regulations establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems, as amended.]
Section 920.1 Land Use Classification for Watershed Protection.
(See Figures 9-1, 9-2, 9-3 and 9-4)
A. Self-Sustaining Lands
1. Definitions
(a) Self-Sustaining Lands are undeveloped or developed at a density of not more than one residential unit per 80,000 square feet. Within these areas, the nutrients discharged to groundwater by septic systems, fertilizers and other sources associated with residential activities may be sufficiently diluted to maintain on-site potable groundwater. However, the one residential unit per two acre standard is not considered sufficient to reduce groundwater nitrogen concentrations to levels which will prevent eutrophication, or mitigate for dense development in other portions of the watershed.
(b) A tributary is any flowing body of water or watercourse which provides intermittent or perennial flow to tidal waters, coastal ponds, coastal wetlands or other down-gradient watercourses which eventually discharge to tidal waters, coastal ponds or coastal wetlands.
(c) Tributary wetlands are freshwater wetlands within the watershed that are connected via a watercourse to a coastal wetland and/or tidal waters.
(d) Land suitable for development shall be defined as the net total acreage of the parcel, lot or tract remaining after exclusion of the areas containing, or on which occur the following protected resources: coastal features as defined within R.I.G.L. Chapter 46-23 and/or the CRMP Section 210; freshwater wetlands, as defined in the RIDEM Freshwater Wetlands Rules and Regulations, including the 50' Perimeter Wetland, and the CRMC Rules and Regulations Governing the Protection and Management of Freshwater wetlands in the Vicinity of the Coast and lands to be developed as streets and roads shall also be excluded from the calculated acreage of developable land. The division of a tract, lot or parcel not subject to municipal regulation under the provisions of Chapter 45-23 et seq, for the reasons set forth therein, shall remain subject to the jurisdiction of the requirements of Chapter 46-23 et seq, the RICRMP and this section.
(e) Nitrogen reducing technologies are alternative wastewater treatment systems which reduce total nitrogen concentrations by at least 50%. Total nitrogen reduction is the annual mean difference by percentage between total nitrogen concentrations in the effluent of the septic or primary settling tank and the concentrations taken at the end of the treatment zone as defined by the specific technology.
2. Policies and Regulations
(a) Subdivisions (as defined in Section 325 of the RICRMP) shall not exceed an average density of one residential unit per 80,000 square feet for Self-Sustaining Lands. For the purposes of this section, the allowable number of units in conformance with this standard shall be calculated on the basis of available land suitable for development. Land suitable for development shall be defined as the net total acreage of the parcel, lot or tract remaining after exclusion of the areas containing, or on which occur the following protected resources: coastal features as defined within R.I.G.L. Chapter 46-23 and/or the CRMP Section 210; freshwater wetlands, as defined in the RIDEM Freshwater Wetlands Rules and Regulations, including the 50' Perimeter Wetland, and the CRMC Rules and Regulations Governing the Protection and Management of Freshwater wetlands in the Vicinity of the Coast. The division of a tract, lot or parcel not subject to municipal regulation under the provisions of Chapter 45-23 et seq, for the reasons set forth therein, shall remain subject to the jurisdiction of the requirements of Chapter 46-23 et seq, the RICRMP and this section.
(b) The number of allowable units in a cluster shall be calculated on the basis of lands suitable for development within the subdivision as defined above in Section 920.1A.1.d and in accordance with all local ordinances.
(c) Any major land development project or any major subdivision of land (as defined in RIGL 45-23 et. seq.) within Self-Sustaining Lands, occurring after November 27, 1984, must meet the minimum density requirement of one residential unit per 80,000 square feet. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP. Lands which were subdivided prior to November 27, 1984, and do not meet the CRMC density requirement as defined in Section 920.A.1, require a Variance as defined in Section 120 of the RICRMP.
(d) Nitrogen reducing technologies as defined in Section 920.1.A.1.e are required for any lands subdivided after April 12, 1999 that do not meet the CRMC density requirement (80,000 square feet) for activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to April 12, 1999 and cannot accommodate the requirement or the DEM has issued an OWTS permit supported by clear and convincing scientifically valid evidence submitted by the applicant pursuant to the OWTS Rules that demonstrates wastewater discharged from the site will not recharge groundwater flowing to the salt ponds. A nitrogen reducing technology cannot be used as mitigation to increase dwelling densities on parcels which can support the density requirement.
(e) A minimum 200' setback from the salt ponds, their tributaries, and coastal wetlands, including tributary wetlands, is required for OWTS in Self Sustaining Lands for activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to April 12, 1999 and cannot accommodate the requirement.
(f) A 150' buffer zone from the salt ponds, their tributaries, and coastal wetlands, including tributary wetlands, is required for activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4 in Self Sustaining Lands. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to November 27, 1984 and cannot accommodate the requirement.
(g) The installation of sewers is prohibited, unless all of the following conditions are met:
(i) the property meets the RIDEM regulatory siting requirements for the installation of a conventional OWTS,
(ii) the proposal is agreeable to both the town and the CRMC,
(iii) a deed restriction is attached to the property ensuring no further subdivision, and
(iv) the properties to be sewered are within 500 feet of an existing sewer line or are within a subdivision which abuts the sewer easement.
(h) Public water service is considered a low priority. When new public water supplies are proposed, the source wells and the distribution lines shall remain within a single watershed and not divert groundwater from one salt pond watershed to another.
(i) The Council recognizes that in areas abutting the salt ponds, their tributaries and other critical resource areas, existing nitrogen reducing technologies may not be sufficient to reduce groundwater nitrogen concentrations to levels which will prevent further eutrophication in the salt ponds. If new technology improves the nitrogen removal capability of these systems and new research indicates the need for further nitrogen removal, CRMC will reevaluate the need for increased nitrogen removal.
3. Recommendations
(a) Some lands, as presently zoned by the towns, may not meet the density requirements for Self Sustaining Lands (80,000 square feet) or Lands of Critical Concern (120,000 square feet). In such cases the CRMC will require the towns to be consistent with CRMC density requirements, where possible, during CRMC review of town zoning changes to the Comprehensive Plan.
(b) The Council recommends the use of cluster development as a means to preserve open space, agricultural lands and aesthetic qualities, reduce impervious surfaces and the costs of development, and minimize the environmental impacts of development.
(c) For activities outside CRMC jurisdiction but within the SAMP boundaries, CRMC strongly recommends that the towns adopt CRMC regulations for OWTS setbacks and nitrogen reducing technologies as identified in Table 9-1.
(d) The Council recommends the use of wastewater management districts and the protocols established in the Rhode Island Septic System Inspection Handbook for septic system inspection and pump-out to limit the occurrence of failed on-site sewage disposal systems.
B. Lands of Critical Concern
1. Definitions
(a) Lands of Critical Concern are presently undeveloped or developed at densities of one residential unit per 120,000 square feet. These lands may be adjacent to or include one or more of the following: X sensitive areas of the salt ponds that are particularly susceptible to eutrophication and bacterial contamination;
X overlie wellhead protection zones or aquifer recharge areas for existing or potential water supply wells;
X areas designated as historic/archaeologic sites;
X open space;
X areas where there is high erosion and runoff potential;
X habitat for flora and fauna as identified through the Natural Heritage Program, large emergent wetland complexes, and U.S. Fish & Wildlife lands; and
X fisheries habitat.
(b) A tributary is any flowing body of water or watercourse which provides intermittent or perennial flow to tidal waters, coastal ponds, coastal wetlands or other down-gradient watercourses which eventually discharge to tidal waters, coastal ponds or coastal wetlands.
(c) Tributary wetlands are freshwater wetlands within the watershed that are connected via a watercourse to a coastal wetland and/or tidal waters.
(d) Land suitable for development shall be defined as the net total acreage of the parcel, lot or tract remaining after exclusion of the areas containing, or on which occur the following protected resources: coastal features as defined within R.I.G.L. Chapter 46-23 and/or the CRMP Section 210; freshwater wetlands, as defined in the RIDEM Freshwater Wetlands Rules and Regulations, including the 50' Perimeter Wetland, and the CRMC Rules and Regulations Governing the Protection and Management of Freshwater wetlands in the Vicinity of the Coast and lands to be developed as streets and roads shall also be excluded from the calculated acreage of developable land. The division of a tract, lot or parcel not subject to municipal regulation under the provisions of Chapter 45-23 et seq, for the reasons set forth therein, shall remain subject to the jurisdiction of the requirements of Chapter 46-23 et seq, the RICRMP and this section.
(e) Nitrogen reducing technologies are alternative wastewater treatment systems which reduce total nitrogen concentrations by at least 50%. Total nitrogen reduction is the annual mean difference by percentage between total nitrogen concentrations in the effluent of the septic or primary settling tank and the concentrations taken at the end of the treatment zone as defined by the specific technology.
2. Policies and Regulations
(a) Subdivisions (as defined in Section 325 of the RICRMP) shall not exceed an average density of one residential unit per 120,000 square feet for Lands of Critical Concern. For the purposes of this section, the allowable number of units in conformance with this standard shall be calculated on the basis of available land suitable for development. Land suitable for development shall be defined as the net total acreage of the parcel, lot or tract remaining after exclusion of the areas containing, or on which occur the following protected resources: coastal features as defined within R.I.G.L. Chapter 46-23 and/or the CRMP Section 210; freshwater wetlands, as defined in the RIDEM Freshwater Wetlands Rules and Regulations, including the 50' Perimeter Wetland, and the CRMC Rules and Regulations Governing the Protection and Management of Freshwater wetlands in the Vicinity of the Coast. The division of a tract, lot or parcel not subject to municipal regulation under the provisions of Chapter 45-23 et seq, for the reasons set forth therein, shall remain subject to the jurisdiction of the requirements of Chapter 46-23 et seq, the RICRMP and this section.
(b) The number of allowable units in a cluster shall be calculated on the basis of lands suitable for development within the subdivision as defined above in Section 920.1.B.1.d and in accordance with all local ordinances.
(c) Any major land development project or any major subdivision of land (as defined in R.I.G.L. 45-23 et. seq.) within Lands of Critical Concern, occurring after April 12, 1999, must meet the minimum density requirement of one residential unit per 120,000 square feet. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP. Lands which were subdivided prior to April 12, 1999, and do not meet the CRMC density requirement as defined in Section 920.A.1, require a Variance as defined in Section 120 of the RICRMP.
(d) Nitrogen reducing technologies as defined in Section 920.1.A.1.e are required for any lands subdivided after April 12, 1999 that do not meet the CRMC density requirement for Lands of Critical Concern (120,000 square feet) for activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to April 12, 1999 and cannot accommodate the requirement or the DEM has issued an OWTS permit supported by clear and convincing scientifically valid evidence submitted by the applicant pursuant to the OWTS Rules that demonstrates wastewater discharged from the site will not recharge groundwater flowing to the salt ponds. A nitrogen reducing technology cannot be used as mitigation to increase dwelling densities on parcels which can support the density requirement.
(e) Lands of Critical Concern which are also zoned for 80,000 square feet by municipal zoning regulations may be developed at densities of one residential unit per 80,000 square feet only if a nitrogen reducing technology is used as the method of sewage removal. In the event that a property has frontage on a sewer line then hooking up to the sewer will be mandatory.
(f) A minimum 225' setback from the salt ponds, their tributaries, and coastal wetlands, including tributary wetlands, is required for OWTS in Lands of Critical Concern for activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to April 12, 1999 and cannot accommodate the requirement.
(g) A 200' buffer zone from the salt ponds, their tributaries, and coastal wetlands, including tributary wetlands, is required for all development activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4 in Lands of Critical Concern. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to November 27, 1984 and cannot accommodate the requirement.
1. Activities permitted within the buffer strip may include various management options consistent with CRMC's Buffer Zone Management Guidance, and, in Type 2 waters, one dock per lot of record as of November 27, 1984.
2. Activities prohibited within the buffer strip include sewage disposal systems or leach fields, surfaced roadways, culverts, bulkheads, riprap and lawns. Fertilizers shall not be applied within the buffer zones except where necessary to establish vegetation in areas that are eroding or need to be restored.
(h) The installation of sewers is prohibited, unless all of the following conditions are met:
(i) the property meets the RIDEM regulatory siting requirements for the installation of a conventional onsite sewage disposal system,
(ii) the proposal is agreeable to both the town and the CRMC,
(iii) a deed restriction is attached to the property ensuring no further subdivision; and
(iv) the properties to be sewered are within 500 feet of an existing sewer line or are within a subdivision which abuts the sewer easement.
(i) Public water service is considered a low priority. When new public water supplies are proposed, the source wells and the distribution lines shall remain within a single watershed and not divert groundwater from one salt pond watershed to another.
(j) The Council recognizes that in areas abutting the salt ponds, their tributaries and other critical resource areas, existing nitrogen reducing technologies may not be sufficient to reduce groundwater nitrogen concentrations to levels which will prevent further eutrophication in the salt ponds. If new technology improves the nitrogen removal capability of these systems and new research indicates the need for further nitrogen removal, CRMC will reevaluate the need for increased nitrogen removal.
3. Recommendations
(a) Some lands, as presently zoned by the towns, may not meet the density requirements for Lands of Critical Concern (120,000 square feet). In such cases the CRMC will require the towns to be consistent with CRMC density requirements, where possible, during CRMC review of town zoning changes to the Comprehensive Plan.
(b) The Council recommends the use of cluster development as a means to preserve open space, agricultural lands and aesthetic qualities, reduce impervious surfaces and the costs of development, and minimize the environmental impacts of development.
(c) Lands of Critical Concern should be priority areas for additional measures to minimize pollution loadings from development through municipal, state or federal acquisition for open space and conservation easements and/or tax relief and aquifer protection ordinances.
(d) For activities outside CRMC jurisdiction but within the SAMP boundaries, CRMC strongly recommends that the towns adopt CRMC regulations for OWTS setbacks and nitrogen reducing technologies as identified in Table 9-1.
(e) The Council recommends the use of wastewater management districts and the protocols established in the Rhode Island Septic System Inspection Handbook for septic system inspection and pump-out to limit the occurrence of failed on-site sewage disposal systems.
C. Lands Developed Beyond Carrying Capacity
1. Definitions
(a) Lands Developed Beyond Carrying Capacity are developed at densities of one residential or commercial unit on parcels of less than 80,000 square feet, and frequently at higher densities of 10,000 square feet or 20,000 square feet. Intense development associated with Lands Developed Beyond Carrying Capacity is the result of poor land use planning and predates the formation of the Council. High nutrient loadings and contaminated runoff waters from dense development have resulted in a high incidence of polluted wells and increased evidence of eutrophic conditions and bacterial contamina-tion in the salt ponds. Most of the OWTS in these areas predate RIDEM regulations pertaining to design and siting standards, and have exceeded their expected life span.
(b) A tributary is any flowing body of water or watercourse which provides intermittent or perennial flow to tidal waters, coastal ponds, coastal wetlands or other down-gradient watercourses which eventually discharge to tidal waters, coastal ponds or coastal wetlands.
(c) Tributary wetlands are freshwater wetlands within the watershed that are connected via a watercourse to a coastal wetland and/or tidal waters.
(d) Land suitable for development shall be defined as the net total acreage of the parcel, lot or tract remaining after exclusion of the areas containing, or on which occur the following protected resources: coastal features as defined within R.I.G.L. Chapter 46-23 and/or the CRMP Section 210; freshwater wetlands, as defined in the RIDEM Freshwater Wetlands Rules and Regulations, including the 50' Perimeter Wetland, and the CRMC Rules and Regulations Governing the Protection and Management of Freshwater wetlands in the Vicinity of the Coast and lands to be developed as streets and roads shall also be excluded from the calculated acreage of developable land. The division of a tract, lot or parcel not subject to municipal regulation under the provisions of Chapter 45-23 et seq, for the reasons set forth therein, shall remain subject to the jurisdiction of the requirements of Chapter 46-23 et seq, the RICRMP and this section.
(e) Nitrogen reducing technologies are alternative wastewater treatment systems which reduce total nitrogen concentrations by at least 50%. Total nitrogen reduction is the annual mean difference by percentage between total nitrogen concentrations in the effluent of the septic or primary settling tank and the concentrations taken at the end of the treatment zone as defined by the specific technology.
2. Policies and Regulations
(a) Nitrogen reducing technologies as defined in Section 920.1.C.1.e are required for all new installations or replacement of existing OWTS for activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4 in Lands Developed Beyond Carrying Capacity. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to April 12, 1999 and cannot accommodate the requirement or the DEM has issued an OWTS permit supported by clear and convincing scientifically valid evidence submitted by the applicant pursuant to the OWTS Rules that demonstrates wastewater discharged from the site will not recharge groundwater flowing to the salt ponds.
(b) Regular maintenance and, when necessary, the upgrading of OWTS are of the highest priority in unsewered densely developed areas.
(c) Densely developed lands on Great Island and Harbor Island in Narragansett and at the northern end of Point Judith Pond in South Kingstown are in close proximity to existing sewer lines; in these areas extension of sewer service is a priority.
(d) Public water service is a high priority for Lands Developed Beyond Carrying Capacity because of the high incidence of poor groundwater quality in these densely developed areas. When new public water supplies are proposed, the supply wells and service areas for public water supplies shall be kept within individual watersheds. The export of groundwater from one watershed to another should be minimized.
(e) For existing development, buffer zones along the perimeter of salt ponds, their tributaries and tributary wetlands, and other shoreline features shall be required in accordance with Section 150 of the RICRMP, as amended. For new development, buffers shall be an absolute minimum of 25' in width. Variances to the buffer standard shall be consistent with the conditions for relief in Section 150 of the RICRMP.
(f) The Council recognizes that in areas abutting the salt ponds, their tributaries and other critical resource areas, existing nitrogen reducing technologies may not be sufficient to reduce groundwater nitrogen concentrations to levels which will prevent further eutrophication in the salt ponds. If new technology improves the nitrogen removal capability of these systems and new research indicates the need for further nitrogen removal, CRMC will reevaluate the need for increased nitrogen removal.
3. Recommendations
(a) Undeveloped areas previously platted at extremely high densities are priority areas for amendments to zoning ordinances and other actions to provide for reduced density, i.e, a minimum of 80,000 square feet.
(b) For activities outside CRMC jurisdiction but within the SAMP boundaries, CRMC strongly recommends that the towns adopt CRMC regulations for nitrogen reducing technologies as identified in Table 9-1.
(c) The Council recommends the use of wastewater management districts and the protocols established in the Rhode Island Septic System Inspection Handbook for septic system inspection and pump-out to limit the occurrence of failed on-site sewage disposal systems.
D. Research Needs
1. Watershed boundary clarifications.
(a) The watershed boundary around Silver Lake in South Kingstown needs to be identified as part of the Narrow River watershed or Point Judith Pond. Groundwater flow data will need to be collected around the pond to complete the analysis.
(b) The watershed boundary around Wakefield in the Town of South Kingstown needs to be corrected for the tidal portions of the Saugatucket River and a decision needs to be made about what parts of the Saugatucket River to include in the watershed boundary for Point Judith Pond.
2. The impacts of road salt, pesticides and petroleum hydrocarbons in stormwater runoff to the salt ponds needs to be assessed and the conclusions included as an addendum to the SAMP.
Section 920.2 Control of Pollution from Storage Tanks.
1. Definitions
(a) Underground Storage Tanks (UST) include any one or more underground tanks and their associated components, including piping, used to contain an accumulation of petroleum product or hazardous material.
2. Policies and Regulations
(a) Except for propane and compressed natural gas, burial of domestic USTs is prohibited in the Salt Pond Region.
(b) Commercial USTs must meet all current state standards and applicants must apply for a CRMC permit. Applicants must demonstrate an adequate construction design and means for monitoring for leakage, and shall replace all leaking tanks according to RIDEM regulations.
3. Recommendations
(a) CRMC recommends that homeowner's close their petroleum USTs by contacting RIDEM and following the proper procedures as indicated in the RIDEM UST regulations.
Section 920.3 Oil Spills.
A. Contingency Plans
1. Oil spills shall be treated in accordance with the Rhode Island Oil Spill Contingency Guide (RIDEM 1980).
2. Point Judith and Potter Ponds. A spill in lower Point Judith Pond should be contained within the port area. However, there are both substantial fishing boat traffic and strong currents in the port which will complicate oil cleanup operations. In many cases the best practical containment strategy if oil enters the lower pond will be to divert oil to the shore on the Jerusalem side of the channel. Every effort shall be made to keep the oil from entering Potter Pond through Gooseberry Hole or East Pond under the Great Island Bridge.
3. Ninigret and Green Hill Ponds. Every effort shall be made to deflect an offshore oil spill away from the breachway and the ponds and toward the ocean beaches. The fast currents in the breachway make it a difficult place to deploy booms or mops. If oil cannot be kept out of the breachway, it should be contained along the banks just inside the breachway where the channel widens and currents are slower. A boat launch ramp and access for heavy equipment are available from the parking lot on the east side. Sand from the area should be used to block small channels and create impoundments.
4. Trustom and Cards Ponds. Since these ponds are only temporarily breached, there is less danger of oil entering them. However, if a spill occurs when the breachways are open, every effort should be made to fill them in with sand from the adjacent beach.
5. Quonochontaug Pond. Every effort should be made to deflect an offshore oil spill from the breachway of the pond, and toward the ocean beaches. The fast currents in the breachway and the boulders off the mouth make it a difficult place to deploy booms. If oil cannot be kept out of the breachway, containment booms and mops may be deployed in the dogleg of the breach or where the breachway empties into the pond and currents start to dissipate. Oil should be deflected toward the tidal creaks in nearby salt marshes instead of being allowed to spread throughout the pond. Launching facilities for small boats and access for heavy equipment are available on the eastern side of the breachway.
6. Winnapaug Pond. Every effort should be made to deflect an offshore oil spill from the breachway of the pond, and toward the ocean beaches. The fast currents in the breachway (4 knots) make it a difficult place to deploy booms for containment and cleanup. If oil cannot be kept out of the breachway, efforts should be made to use booms or barriers to protect the large salt marsh along the pond's southern shoreline and to prevent the oil from spreading westward into the large basin of the pond.
Section 930. Geologic Processes.
A. Introduction
1. The findings of fact presented in Chapter 4, Geologic Processes, identify the resources and management problems associated with human use and alteration of the breachways, barriers and headlands along the south shore.
930.1 Dredging Navigation Channels and Basins
B. Policies
1. Dredging in the salt ponds is appropriate for the breachway sediment basins and as needed for habitat restoration in the deltas.
2. It is compatible with this plan to manage the level of water in Maschaug Pond and to remove excess stormwater in a manner which does not threaten the stability of the beach.
3. Improvement dredging for navigation in Point Judith Pond shall be confined to the harbor area designated by the Narragansett Pier Quadrangle Map in the CRMP, Figure 9-5 and defined as follows:
(a) A line running southerly from the southern end of the eastern jetty of the Point Judith Pond breachway and following the eastern side of the navigation channel, as designated by the U.S. Army Corps of Engineers, to the East Gap of the Harbor of Refuge.
(b) A line running generally southerly along the seaward side of the western jetty and breakwater of the Harbor of Refuge.
(c) A line running generally northerly and then westerly 200 feet into the pond and parallel to the Galilee bulkhead to the southwestern end of the Great Island bridge.
(d) A line running generally northerly along the Jerusalem shoreline 200 feet into the pond and parallel to state-owned property.
(e) A line along the eastern side of the Great Island bridge.
(f) A straight line running from the western tip of Little Comfort Island to the eastern tip of High Point.
(g) A straight line from the border between the RL80 and open space zones on Gooseberry Island westerly to the boundary between the open space and commercial zones southerly of Kenport Marina on Succotash Road.
(h) A line running south from Gooseberry Road across Gooseberry Hole to the northernmost tip of Gooseberry Island.
4. Applicants for Assents to dredge in the port area shall demonstrate to the CRMC that the action will not cause significant sedimentation outside the Point Judith Port area, particularly in Bluff Hill Cove and the segment of Potter Pond adjacent to the Gooseberry Hole inlet.
5. The preferred option for the disposal of sands dredged from lower Point Judith Pond is replenishment of the Sand Hill Cove and East Matunuck beaches in the configuration shown in Figure 9-6.
6. In Potter Pond, non-navigational dredging shall be limited to habitat restoration and enhancement. Dredging to restore flow at the following sites is a priority, since it will restore water circulation and salt marsh habitat in areas adversely affected by port filling:
(a) Potter Pond-Succotash Salt Marsh tidal channels as indicated in Figure 9-5
(b) Segar Cove-Seaweed Cove Causeway
(c) Stone Bridge over Buckie Brook
7. Breaching of coastal ponds in general, may be appropriate under various circumstances to restore habitat and improve drainage. Breaching requests will be handled on a site-by-site basis and evaluated on proposed benefits versus drawbacks, including impacts due to the time of year. RIDEM Fish and Wildlife shall be consulted for any proposed breaching project.
8. Other habitat restoration and enhancement projects shall be undertaken only after an evaluation of the impacts has been made by a competent coastal geologist, biologist, and engineer, and it is demonstrated that the project conforms to the management goals for this Plan.
C. Prohibitions
1. All dredging for navigational purposes is prohibited in Potter Pond.
2. In Ninigret and Green Hill Ponds, non-navigational dredging shall be prohibited unless limited to habitat restoration and enhancement. Such projects may be undertaken only after an evaluation of the impacts has been made by a competent coastal geologist and biologist and it is demonstrated that the project conforms to the objectives of this Plan.
3. All dredging activities in or adjacent to Cards Pond are prohibited by the Council except where the purpose is to (a) permit more efficient seasonal flushing between Cards Pond and the ocean, or (b) improve or restore fish habitats in Cards Pond Stream. Habitat restoration may be undertaken only after an evaluation of the impacts has been made by a competent coastal geologist and biologist and it is demonstrated that the project conforms to the objectives of this Plan.
D. Standards
1. Maintenance dredging of the channel from Snug Harbor to Ram Point in Point Judith Pond shall be limited to the channel as shown on NOAA Nautical Chart 13219 with a maximum depth of 5 feet below mean low water. Particular care shall be taken to avoid damage to known winter flounder spawning sites (See Chapter Five) in the upper pond. Dredging of the channel and the upper pond shall be avoided during the January through March flounder spawning season.
2. Bulkheads and piers may be constructed on state-owned property north of the state pier at Jerusalem (See Figure 9-5) and widening the present channel to the west sufficiently to service new docks along the bulkhead. A new bulkhead shall not extend eastward of the mean high water mark, since filling will force the existing ebb spit farther into the navigation channel. Depths of the access channel and new berthing areas shall not exceed 15 feet.
3. The access channel to Snug Harbor and High Point may be increased to a depth of 15 feet.
4. The present Galilee turning basin may be extended to the west and south as indicated in Figure 9-5.
5. The channel along the north side of the Galilee bulkhead may be deepened to a maximum of 10 feet to permit berthing of larger vessels.
6. Bulkheads or piers may be constructed on the state-owned property on Great Island (see Figure 9-5) and the area between the bulkhead and the channel dredged to a depth not exceeding 10 feet.
7. Channel dredging in Ninigret Pond shall be limited to the restoration and maintenance of a single channel no more than 30 feet wide and 3 feet deep up the center of the tidal channel and across the flood-tidal delta, and of a channel no more than 2 feet deep and 12 feet wide to Creek Bridge through Tockwotten Cove. Such channels must follow the winding path of the major existing channel at that time. The channel across the tidal delta may be maintained only when the catch basin has accumulated less than 50 percent of its capacity of sand.
E. Municipal and State Recommendations and Initiatives
1. Sediment and Breachways
(a) A sediment catch basin on the north side of the Ninigret breachway should be maintained. The design plans implemented in 1985 indicate a basin with a maximum depth of 10 feet and a capacity of 10,000 cubic yards. Sand removed from the basin should be used to replenish Charlestown Beach. Sand should be placed on the beach in the configuration shown in Figure 9-6.
(b) Frequent breaching of Cards Pond by the U.S. Fish and Wildlife Service is encouraged during summer months to help alleviate eutrophic conditions and reduce bacterial contamination.
(c) The outlet breachway of Cards Pond should be opened in the evening hours during the summer bathing season in order to minimize possible safety hazards in this popular beach area. Lifeguards should be given notice so they can extend patrols to cover the breachway.
(d) The U.S. Fish and Wildlife Service is encouraged to consider more frequent breachings of Trustom Pond. This could improve the growth of macrophytes preferred by waterfowl and, if accompanied by appropriate data collection, would provide much needed data on the effects of increased flushing and salinity on a hypereutrophic system.
(e) Municipal and state transportation planners should develop plans for road maintenance projects that account for washover and sea level rise. These plans should elevate the road bed and adjust the drainage to account for these factors. Perpetual re-establishment of low-lying roadways creates floodways and encourages perpendicular driveways to meet the substandard grade, thus creating surge channels for storm overwash and flooding.
(f) There is considerable information suggesting that substitution of a permanent channel between Potter Pond and Gooseberry Hole with a seasonal breachway directly to the Sound adversely affected the fish and shellfish populations in Potter Pond. If a major storm or hurricane forms a new breachway between Potter Pond and the Sound which remains open after the storm, it should not be filled in until salinity and tidal-current measurements, and other measurements deemed necessary, have been made to determine the effects of a direct connection to the Sound. Such information can be used to evaluate whether a seasonal breachway to the Sound, combined with a tide gate at Succotash Bridge results in water quality and habitat improvements.
(g) Establish a public education and outreach position within the town government to disseminate information on coastal erosion (among other topics) to the general public, especially coastal landowners and real estate agents dealing in coastal properties. Short publications or pamphlets distributed to shorefront property owners would aid compliance with CRMC regulations and make citizens better caretakers of the coastal zone.
F. Research Needs
1. There is a need for better understanding the correlation between oceanographic forces and shoreline response. With knowledge of the wave climate and surge elevations and currents during storms and the subsequent sediment transport, the effects of hurricanes and severe winter storms could be better predicted. The Council should approach the Rhode Island Sea Grant program and the NOAA Coastal Services Center to initiate research.
2. The Council supports the funding of the ongoing collection and maintenance of shoreline change data including regular updates of shoreline change rates and continuation of the beach profile network.
Section 940. Living Resources and Critical Habitats.
A. Introduction
1. The Findings of Fact as presented in Chapter 5, Living Resources and Critical Habitats identify the history of overfishing and habitat degradation in the Salt Pond Region. There are over a hundred species of finfish and shellfish which utilize the salt ponds at some stage in their life cycle. The most popular species, the quahogs, oysters and flounder are all declining. The habitat on which these fish and shellfish species depend is also declining; eelgrass loss in Ninigret Pond alone was 40 percent over the last thirty-two years (Short et al. 1996). Other habitat fragmentation occurs within the salt pond watersheds and is impacting wildlife species like the Piping Plover, a federally listed endangered species.
B. Definitions
1. Tributary wetlands are freshwater wetlands within the watershed that are connected via a watercourse to a coastal wetland and/or tidal waters.
2. A tributary is any flowing body of water or watercourse which provides intermittent or perennial flow to tidal waters, coastal ponds, coastal wetlands or other down-gradient watercourses which eventually discharge to tidal waters, coastal ponds or coastal wetlands.
C. Policies
1 It is CRMC policy to consider the trends and status of fish and wildlife species and their habitats within the region when making decisions about development and recreational uses.
2. Winter flounder spawning grounds shall not be disturbed during the December-May spawning season.
3. All shellfish areas in the salt ponds are shellfish management areas and as such, are a high priority for protection.
4. The Rhode Island Natural Heritage Program must be consulted by the applicant if the project falls within a critical habitat as designated on Figure 9-7. If a species is listed on the RIDEM rare and endangered list, on the federal list, or both, RIHPC will be contacted to provide stipulations, recommendations and/or comments to the CRMC before the Council issues a decision.
5. It is the Council's policy to manage and protect submerged aquatic vegetation (SAV) from loss and degradation. Projects proposed in tidal and non-tidal waters will be evaluated by CRMC staff on a case-by-case basis. If CRMC permitting staff determines that SAV is present, the applicant may be required to provide additional information regarding this resource and the project's likely impact, as well as mitigation of impacts.
6. Breaching should be allowed to occur naturally with no building of high blocking dunes to keep water out.
7. The black duck is targeted through the North American Waterfowl Plan and RIDEM Fish and Wildlife Species as a high priority species for conservation. This species and its vegetated habitat therefore have a high priority for protection by the Council.
8. The Council shall consider project impacts on waterfowl species including their habitat and nutritional resources such as vegetation, shellfish, and fish.
9. Limited phragmites control programs may be approved by the Council in areas that are degraded due to phragmites overrun.
10. Buffer zones will be the maximum width under the RICRMP Section 150 in areas that abut Factory Pond Brook to protect anadromous fish runs.
D. Prohibitions
1. Filling of, or other alterations to coastal wetlands (refer to RICRMP section 210.3) are prohibited within the Salt Pond Region. An alteration to a coastal wetland is defined in the RICRMP Section 300.12 to include, but shall not be limited to: filling, removing, grading (defined in RICRMP Section 300.2.A), dredging and dredge materials disposal (defined in RICRMP Section 300.9.A), any significant cutting or removal of vegetation, and excavation, draining, damming, and/or diverting of hydrological flows in a coastal wetland. Furthermore, any activity, including the aforementioned, taking place in an area adjacent to a coastal wetland which impacts the coastal wetland, shall be considered an alteration to coastal wetlands. Activities which shall not be considered alterations include, but shall not be limited to: minor disturbances associated with the approved construction or repair of shoreline protection facilities in accordance with Section 300.7, minor disturbances associated with approved residential docks and walkways constructed in accordance with standards set forth in Section 300.4, insignificant or minor cutting or pruning of vegetation in accordance with a Council approved management or restoration plan, and approved mosquito population control programs.
2. Alteration or disturbance of Piping Plover habitats during nesting is prohibited.
3. Dredging is prohibited in winter flounder areas during spawning season and if anadromous fish restoration projects are ongoing.
E. Standards
1. Excavation of any mudflats or other inter or sub-tidal sediments requires consultation with RIDEM Fish and Wildlife.
2. Prior to any dredging project the applicant may be required to remove any shellfish present in the sediments and transplant them to a RIDEM/CRMC approved site. Appropriate sites include RIDEM spawner sanctuaries or sites deemed appropriate by Marine Fisheries Council or RIDEM Fish and Wildlife and CRMC.
F. Recommendations
1. Fisheries Steward
One or more salt pond fisheries stewards should be hired and charged with the following responsibilities:
(a) Monitor salt pond fisheries resources and fishing effort, particularly in areas known to be productive. The assistance of volunteer monitoring groups like the Rhode Island Salt Pond Watchers and university researchers should be encouraged.
(b) Select small areas known for shellfish (quahogs and softshell clams) productivity and intensively manage growth and harvest to insure a continued recreational fishery through seeding, predator control, controlled fishing effort, and special regulations for softshell clams harvested from these areas. A major purpose of such initiatives is to demonstrate the potential of such areas to produce sustained annual harvests if the public cooperates.
(c) Assist in the development of public education programs on the salt ponds and their fisheries. This is an appropriate project for academics, nonprofits, and volunteer groups. Although many efforts are on-going, funding limits the effectiveness of these programs.
(d) Identify major issues for future research and monitoring.
(e) Prepare annual reports on the conditions of the ponds, watersheds and fisheries, activities undertaken and accomplished, and priorities for the following year. This report would be presented to the Rhode Island Marine Fisheries Council, CRMC, funding agencies and the public.
2. Educational programs, informing the general public as to the function of the different habitats (wetlands, aquatic and open water, terrestrial) and their value to society, should be initiated. These programs should be aimed at community residents and local elementary and secondary schools. Emphasis at the community level should be placed on how land gifts and dedications, conservation easements, and special registration of unique amenities found on private properties will serve to protect critical habitats.
3. The Rhode Island Marine Fisheries Council is encouraged to reduce the daily recreational catch limit for quahogs to two quarts per person. Closing beds to shellfishing when the average hourly catch falls below half a quart per person is recommended. Beds should be reopened to fishing when the population has recovered.
4. Prudent management suggests that careful consideration be given to the potential importance of quahog brood stocks in areas closed to shellfishing by regulation or areas physically difficult to exploit. These populations may play an important role in sustaining heavy fishing in accessible areas. Brood stocks may include the population in the dense grass beds in Ninigret. RIDEM is encouraged to continue to support the research that will identify such brood stocks. In light of the present level of exploitation, recruitment in traditional grounds should be carefully monitored in Point Judith and Ninigret Ponds and appropriate steps taken if there is evidence of a significant decline in these populations.
5. The physical disturbance caused by scallop dredges has a high potential of disrupting flounder spawning, damaging eggs and juveniles and destroying SAV beds. When scallop beds overlap areas known to be important for flounder spawning, the scallop season should not be extended beyond December 31, or if an extension is deemed desirable, harvesting with dragged gear should be prohibited.
6. Monitoring and management of flounder fisheries in the salt ponds must recognize discrete sub-populations within individual ponds. A special effort should be made to identify the range of sub-populations and the location of discrete spawning grounds. The protection of spawning grounds should be a priority.
7. Experience with eel fisheries worldwide has demonstrated that this species is particularly susceptible to overfishing. The south shore eel fishery can be important and merits careful monitoring and management.
8. Researching the connection between fish and their habitat is essential to the management of the salt pond species. The RIDEM Division of Fish and Wildlife should make this a priority in future research initiatives.
9. Wetland restoration projects within the watershed are strongly recommended to maintain and improve the health and viability of the wildlife and finfish populations of the ponds.
10. CRMC encourages conservation easements to be held by towns, and such organizations/agencies as land trusts, the Nature Conservancy, and the Audubon Society. Additionally, conservation easements may be granted to the CRMC directly.
11. The CRMC encourages the appropriation of such monies by the individual towns, local communities, private land trusts, conservation groups, and the Nature Conservancy for the preservation of lands in the salt pond watersheds. Priorities for acquisition and preservation should include those lands which support rare, uncommon or endangered species, wetlands, lands with steep banks and slopes, and lands with significant cultural resources.
G. Research Needs
1. Identify degraded and previously altered wetlands for restoration activities similar to the Galilee Bird Sanctuary project.
2. Study fyke netting affects on flounder populations
3. Study settlement characteristics of an effluent in receiving waters
4. Study apparent reason for decline of quahogs, oysters, and flounder.
5. Study impacts of fish and scallop trawling on SAV in salt ponds.
6. Study impacts of aquaculture, particularly use of exotic species such as the European oyster.
Section 950. Storm Hazards.
A. Introduction
1. Much of the development around the salt ponds is vulnerable to coastal flooding and storm surge destruction. Between 1980 and 1988, coastal property values in Rhode Island increased 60 percent, from $ 32 million to $ 53 million (Flesner 1989). In order to protect private and public property and prevent the hazards associated with hurricanes and storm flooding CRMC developed policies and regulations to support existing hazard mitigation efforts by the Rhode Island Emergency Management Agency (RIEMA).
B. Policies
1. Reconstruction After Storms
(a) When catastrophic storms, flooding, and/or erosion has occurred at a site under Council jurisdiction, and there is an immediate threat to public health and safety or immediate and significant adverse environmental impacts, the Executive Director may grant an Emergency Assent under Section 180 of the RICRMP.
(b) A CRMC Assent is required of all persons proposing to rebuild shoreline structures which have been damaged by storms, waves, or other natural coastal processes in the Salt Pond Region. When damage to a structure is greater than 50 percent, post-storm reconstruction shall follow all standards and policies for new development in the area in which it is located and according to the CRMC.
(c) Setback requirements from RICRMP Section 140 shall be applied.
(d) All construction within Federal Emergency Management Agency (FEMA) Flood Zones must follow the required construction standards for the flood zone in which the structure is located. Municipal officials need to certify that these standards are correct and present on any application for activity submitted before the CRMC.
(e) A CRMC maintenance assent is required for all persons proposing to repair structures which have been destroyed less than 50 percent by storms, waves, or natural processes.
(f) Washover sand, where feasible, should be left on non-paved roads, driveways, and parking lots, in order to allow the natural barrier rollover to continue and to maintain the higher elevation. Loose gravel may be placed over this sediment. When highway resurfacing or maintenance is to be done by RI Department of Transportation, elevations shall be upgraded to new appropriate heights for the region as determined by CRMC, and proper drainage shall accompany these elevation changes where appropriate. This avoids the re-establishment of low roadways within overwash areas that perpetuate flooding and flood damage.
(g) The Council encourages post-storm reconstruction applicants to increase setbacks further from the coastal feature than the previous development without expanding the footprint.
2. Restoration of Storm-Surge Channels and Temporary Inlets
(a) New inlet channels breached to Potter Pond through East Matunuck Beach may be filled in with sand or gravel only after an evaluation of the impacts of a direct connection between Potter Pond and the ocean has been made (see Chapter 4, Geologic Processes).
(b) New inlet channels cut across the beach to Quonochontaug, Winnapaug or Maschaug Ponds may be immediately filled in with sand or gravel by the local municipality.
(c) Dredging of washover sand shall be permitted for navigation in the Green Hill Pond Inlet, the Bluff Hill Cove Inlet and in the main breachway channels. Any dredging of overwashed sand elsewhere within the ponds shall be limited to habitat restoration and enhancement in conformance with Section 420.1 of this Plan. All dredged sand shall be placed on the adjoining ocean beach.
(d) Sand transported on to paved roads leading to the beaches shall be plowed back onto the beaches and not into adjacent wetlands. Sand shall be placed on the beaches in the manner described in Figure 9-6 of this Plan.
3. Beach replenishment should be considered the method of choice for shore protection. Sources of sand for nourishment should come from inlet and harbor dredging when feasible, and from potential offshore sources where deemed appropriate by CRMC or its technical experts.
C. Prohibitions
1. 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 Type 2 waters, and in the Salt Pond Region unless the primary purpose of the alteration is to preserve or enhance the area as a natural habitat for native plants and wildlife or as part of a beach nourishment/replenishment project. In no case shall structural shoreline protection facilities be utilized in this manner. Limited filling, removing, or grading may be permissible in the port area of Point Judith Pond to maintain its existing use.
2. Post-storm reconstruction of structures greater than 50 percent destroyed is prohibited from occurring within setback zones.
D. Standards
1. Construction Standards in Flood Zones [High Hazard Areas]
(a) A significant amount of construction within Rhode Island 's coastal zone has the potential to fall within a Federal Emergency Management Agency (FEMA) designated flood zone. The approximate limits of the flood zones and the associated base flood elevations are shown on FEMA's Flood Insurance Rate Maps, which are commonly available at municipal building official's offices. It is extremely important (and required) to know if your project falls within a flood zone and the associated building standards that must be adhered to for that zone to minimize the inevitable damage that occurs when building in a flood hazard area. The CRMC requires all applicants proposing construction within flood hazard zones to demonstrate that applicable portions of the Rhode Island State Building Code (RISBC), specifically RISBC-8, which contains specific requirements for flood zone construction. Municipal building officials can provide information on the requirements and restrictions that apply to a specific building site. A letter from the building official conferring that all the necessary building requirements for a flood zone must accompany any application for construction work within the RICRMP management area, and this SAMP.
E. Recommendations
1. There is a need for better understanding the correlation between oceanographic forces and shoreline response. With knowledge of the wave climate and surge elevations and currents during storms and the subsequent sediment transport, the effects of hurricanes and severe winter storms could be better predicted.
2. Ongoing collection and maintenance of shoreline change data including regular updates of shoreline change rates and continuation of the beach profile network should be supported.
3. Public Education
(a) More information on coastal erosion for the general public, especially coastal landowners and real estate agents dealing in coastal properties should be provided. Short publications or pamphlets distributed to shorefront property owners would aid compliance with CRMC regulations and make citizens better caretakers of the coastal zone.
4. Storm/Flooding
(a) Homeowners should be aware of the flood zone designation of their property, the associated storm/flooding risk, and the accompanying building standards with which they must comply. The Municipal building official retains local information regarding designation and standards.
(b) Seasonal visitors as well as renters and town officials should be aware of evacuation routes and locations of shelters.
(c) Acquisition priorities should be set by municipalities and the state for areas vulnerable to storm/flood hazards.
(d) Town/State public works and emergency management officials should post roadside evacuation route signs in all pre-identified coastal flood/storm evacuation areas.
(e) Incentives should be provided to homeowners to relocate structures destroyed less than 50 percent through State or Federal assistance (Upton-Jones Amendment), tax breaks and hazard mitigation money provided by the Federal Emergency Management Authority.
5. Priority sites that need additional elevation because they are particularly susceptible to overwash or temporary breaching include the parking lots at East Matunuck Beach, Roger Wheeler Beach, Charlestown Breachway (parking lot), Charlestown Beach, Green Hill Beach, and Misquamicut State Beach.
Section 960. Historical and Cultural Resources.
A. Introduction
1. The historical and cultural resources of the Salt Pond Region are a valuable asset to the communities in Westerly, Charlestown, South Kingstown and Narragansett. CRMC considers preservation of these resources as a high priority for the SAMP and utilizes the CRMC application process to ensure that the Rhode Island Historical Preservation Commission has the opportunity to research various locations in the Salt Pond Region.
B. Policies
1. Applications for major activities within the salt ponds watershed shall be forwarded to RIHPC for review and comment as part of the standard CRMC regulatory process.
2. Areas pre-identified by RIHPC as likely archeological sites due to prior knowledge, or conducive environmental factors including, but not limited to, proximity to salt and freshwater, small south-facing slopes, and well drained soils, are shown in Figure 9-8. Though other areas may exist and RIHPC reserves the right to require additional information and potential digs, these areas are identified to give applicants a sound idea of areas of concern. Applicants for activities proposed within these areas will likely be required by RIHPC to perform a phase I archeological investigation.
3. The CRMC will await the response of RIHPC prior to completion of its own staff review and subsequent Council decision. Unless a special exception occurs, the Council will incorporate the RIHPC guidance into its regulatory decision-making and permit stipulations. If a proposed project is located in a demarcated RIHPC area of interest, it may be helpful to contact RIHPC prior to filing an application with CRMC, in order to be aware of their potential concerns.
4. Where possible, those sites identified by RIHPC as having potential historical or archeological significance will be incorporated into the buffer zone by extending the boundary of the buffer where appropriate.
C. Recommendations
1. The Council encourages sites identified by the RIHPC as having historical or archeological significance to be priorities for acquisition and preservation programs, and other preservation techniques such as open space easements, land dedications, transferring of development rights, etc. See RIHPC for further guidance on targeted areas.
2. It should be a high priority for RIHPC to conduct a detailed survey of areas pre-identified as likely to contain archeological or historical resources.
Section 970. Cumulative Impacts.
A. Introduction
1. Managing for cumulative impacts is becoming one of the major issues for CRMC as nitrogen loading to the salt ponds increases and more and more people move to the salt pond watersheds. CRMC will be focusing on the cumulative impacts of OWTS, impervious areas, stormwater runoff, vegetation removal and soil erosion, dredging the stabilized breachways and tidal deltas, barrier beach and flood zone development, residential activities, marinas, docks, and recreational boating, public water and sewer facilities, wetland alteration and noise and lighting impacts on habitat. All of these activities have the potential to cause effects in the ecosystem which increase the probability of shellfish closures, fish habitat degradation and loss, eutrophication, sedimentation of shellfish beds and much more.
B. Definitions
1. Cumulative impacts are the total result of land use, water use and development activities or actions taking place anywhere within the Salt Pond Region over any period of time.
2. Cumulative effects are the physical, biological, or chemical outcome of a series of actions or activities on the environment.
3. The Salt Pond Region includes the environment within the surface watershed boundaries as delineated on the land use classification maps in Chapter 9.
C. Policies
1. It is the Council's policy to minimize cumulative impacts by anticipating and appropriately siting land and water uses and development activities to avoid cumulative effects to the salt ponds.
2. It is the Council's policy to consider the cumulative impacts of OWTS, impervious areas, stormwater runoff, vegetation removal and soil erosion, dredging the stabilized breachways and tidal deltas, barrier beach and flood zone development, residential activities, marinas, docks, and recreational boating, public water and sewer facilities, wetland alteration and noise and lighting impacts on habitat. These cumulative impacts are explained in Chapter 8, Findings of Fact.
3. The Council recognizes that an increase in the amount and strength of pollutants entering the salt pond watersheds may result from the cumulative impacts identified in 920.2 B 2. Therefore, the Council will consider the cumulative effects of these actions with particular consideration to nutrients, pathogen indicators, hydrocarbons and heavy metals, road salts, fragmented habitats, and loss of aquatic habitats.
4. It is the Council's policy to minimize nitrate loading to groundwater from each individual lot in Lands Developed Beyond Carrying Capacity, residential and commercial substandard lots which are designated as Self-Sustaining Lands or Lands of Critical Concern, and all lands abutting the salt ponds.
D. Standards
1. In those areas which are designated as Lands Developed Beyond Carrying Capacity, alternative technologies that reduce nitrogen loading to groundwater and directly to the salt ponds in overland runoff are required for new development. This includes, according to the type of development: nitrogen reducing technologies; narrower road widths; clustering of development to reduce road lengths with remaining open space maintained adjacent to surface waters; restrictions on layouts of subdivision cul-de-sacs and roadways to reduce impervious surface and encourage infiltration of stormwater; use of pervious materials for driveways; restrictions on the number of parking spaces per square foot of commercial development to match average daily use - not potential maximum, and requirements that all overflow parking be constructed using pervious materials; and more accessible alternative transportation such as pedestrian, bicycle and mass transit.
2. In those areas which are designated as Self-Sustaining Lands or Lands of Critical Concern, residential and commercial development on substandard lots, and on all lots abutting the salt ponds alternative technologies that reduce nitrogen loading to groundwater and directly to the salt ponds in overland runoff are required. This will include according to the type of development: nitrogen reducing technologies; narrower road widths; clustering of development to reduce road lengths with remaining open space maintained adjacent to surface waters; restrictions on layouts of subdivision cul-de-sacs and roadways to reduce impervious surface and encourage infiltration of stormwater; use of pervious materials for driveways; restrictions on the number of parking spaces per square foot of commercial development to match average daily use - not potential maximum and requirements that all overflow parking be constructed using pervious materials; and more accessible alternative transportation such as pedestrian, bicycle and mass transit.
E. Recommendations
1. The Council encourages the Salt Pond Region towns to adopt ordinances to minimize impervious surfaces in order to reduce cumulative impacts and transport of pollutants to the salt ponds. Possible management options include the following:
(a) Narrower road widths;
(b) Clustering of development to reduce road lengths with remaining open space maintained adjacent to surface waters;
(c) Restrictions on layouts of subdivision cul-de-sacs and roadways to reduce impervious surface and encourage infiltration of stormwater;
(d) Use of pervious materials for driveways;
(e) Restrictions on the number of parking spaces per square foot of commercial development to match average daily use - not potential maximum - and requirements that all overflow parking be constructed using pervious materials;
(f) More accessible alternative transportation such as pedestrian, bicycle and mass transit.
(g) Waste-water Management Districts
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