1.1.1 Authority and Purpose

Pursuant to the federal Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 through 1466) and R.I. Gen. Laws Chapter 46-23 the Coastal Resources Management Council is authorized to develop and adopt policies and regulations necessary to manage the coastal resources of the state and to provide for the integration and coordination of the protection of natural resources, the promotion of reasonable coastal-dependent economic growth, and the improved protection of life and property from coastal hazards. Further, the Council is authorized to collaborate with the state building commissioner and adopt freeboard calculations (a factor of added safety above the anticipated flood level) in accordance with R.I. Gen. Laws §§ 23-27.3 through 100.1.5.5.

1.1.2 Definitions

A. Definitions for this Part are as follows:

1. “Activities and alterations inland of shoreline features and their contiguous areas within state boundaries that may require a Council Assent” means: solid waste disposal; minerals extraction; chemical processing, transfer, and storage; power generation (excluding facilities of less than a 40 megawatt capacity); petroleum processing, transfer, and storage (excluding storage facilities of less than 2,400 barrel capacity); and sewage treatment and disposal (excluding individual sewage disposal systems).

2. "Agency" means boards, commissions, departments, or offices thereof, other than the legislature or the courts, authorized by law to make rules, determine contested cases, or issue permits.

3. "Agricultural land" means:

a. tilled or tillable land upon which a crop is being or has recently been produced;

b. actively managed orchards, nurseries and cranberry bogs, and

c. land used for livestock pasturing.

4. “Alteration of a marina” means any activity that result in changes to the existing or previously approved recreational boating facility design. Such activities include, but are not limited to, the removal, addition, or relocation of piles, floating docks or fixed piers and changes to the marina perimeter limit.

5. “Alterations to coastal wetlands” means, but shall not be limited to: filling, removing or grading; dredging and dredged materials disposal; and any significant cutting or removal of vegetation; and excavation, draining, damming and/or diverting of hydrological flows in a coastal wetland. 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.

6. “Alterations to the circulation of tidal waters” means all structures and fill material that alter the behavior of waters within tidal water bodies, including the removal of tidal waters for industrial cooling or other purposes and the installation of structures in embayments and salt ponds that alter the volumes and/or timing of exchange with outlying tidal waters.

7. “Alterations to the flows of tributaries” means the installation of dams or other devices or fill material that alter flows of tributaries to tidal waters and that significantly change the timing and/or volumes of fresh water to coastal waters. Such alterations have a reasonable probability to conflict with a Council plan or program for resources management or may significantly affect the environment of the coastal region.

8. "Anadromous fish" means oceanic or estuarine species that spawn in fresh water.

9. "Aquaculture" (refer to definitions of "marine aquaculture" and "freshwater aquaculture" in § 1.1.2 of this Part herein.)

10. "Areas of historic and archaeological significance" means historic and archaeological resources include districts, sites, buildings, structures, objects, and landscapes included in or eligible for inclusion in the state and national registers of historic places, or areas designated as historically or archaeologically sensitive according to the predictive model developed by the Rhode Island Historical Preservation Commission.

11. “Associated residential structures” means, but is not limited to, decks, porches, walls, boardwalks, swimming pools, roads, driveways, and shall include other structures integral to or ancillary to a residential building including minor grading, filling or excavation typically 10 cubic yards or less.

12. “Barrier” means and island or spit comprised of sand and/or gravel, extending parallel to the coast and separated from the mainland by a coastal pond, tidal water body, or coastal wetland. In addition to a beach, barriers have, in most cases, a frontal foredune zone and often, back barrier dune fields. The lateral limits of barriers are defined by the area where unconsolidated sand or gravel of the barrier abuts bedrock or glacial sediment. This definition of a barrier system is commonly associated with many geomorphic descriptors. These descriptors include, but are not limited to, barrier islands, bay barriers, and spits. Spits are further described as tombolo, shingle, cuspate, and flying spits. The terms “bar” and “ridge” were once used to describe a barrier system, but have since been replaced with the term “barrier”. The barriers or portions thereof designated by the federal government as undeveloped pursuant to their criteria, under the Coastal Barrier Resources Act of 1982 (Public Law 97-348) are noted in Table 5 in § 1.2.2(C) of this Part. In these federally designated areas, flood insurance for most forms of construction is not available. Many of the state’s barriers have been mapped and assigned by the Coastal Resources Management Council into three categories as follows:

a. “Undeveloped barrier” means those essentially free of commercial/industrial buildings, (excluding public utility lines) houses, surfaced roads, and structural shoreline protection facilities.

b. “Moderately developed barrier” means those that are essentially free of houses, commercial/ industrial buildings and/or facilities (excluding utility lines) that contain surfaced roads, recreational structures, and/or structural shoreline protection facilities.

c. “Developed barriers” mean those that contain houses and/or commercial/industrial structures; they may also contain surfaced roads and structural shoreline protection facilities.

13. “Beach grass” means the dominant vegetative cover of sand dunes (Ammophila spp.).

14. “Beach pavilion” means a recreational structure constructed for recreational purposes on a shoreline feature, its contiguous area, or in tidal waters that serves members of the public, owned by a municipal, state, or federal program.

15. “Boat and float lift systems” means accessory structures to residential boating facilities that raise either a boat or float out of the water to facilitate safety and/or maintenance. Boat lifts are designed to lift a vessel out of the water. Generally, a cradle or strap supports the vessel while it is being lifted by a pulley-type lift system. Overhead arms or crane-like systems may also be used to lift vessels out of the water. Float lifts are designed to lift a float out of the water. Generally, a cradle or cables support the float while it is being lifted by a pulley-type lift system.

16. “Boat or vessel count” means any space where a vessel may be docked or stored by wet slip, float, mooring or other device. Dry stack vessels will receive a separate boat count. Dinghies, canoes, kayaks and other small tenders (12’ or less) to vessels shall not be included in the boat count.

17. “Breachway” means a connecting channel, usually between a coastal pond and the ocean, which permits water exchange between the two.

18. “Breakwater” means either an exposed or submerged structure that protect a shore, harbor, anchorage, or basin by intercepting waves. Sometimes breakwaters are placed parallel to the open shoreline to retard the force of incoming waves to headland and barrier beaches.

19. “Buffer zone” means a land area on or contiguous to a shoreline feature that is retained in its natural undisturbed condition.

20. “Bulkhead” means a wood, steel, or concrete structure built to retain or prevent mass wasting and collapse of a bluff into the sea; it provides limited protection from damage by waves.

21. “Climate” means the long-term weather average observed within a geographic region, and climate change refers to fluctuations in the Earth’s climate system as a result of both natural and anthropogenic causes. Currently the long term climate change trend is evidenced by rising global temperatures; increasing extremes within the hydrologic cycle resulting in more frequent floods and droughts; and rising sea level.

22. "Coastal beaches" means expanses of unconsolidated, usually unvegetated sediment commonly subject to wave action, but may also include a vegetative beach berm. Beaches extend from mean low water landward to an upland rise, usually the base of a dune, headland bluff, or coastal protection structure, pilings or foundation.

23. “Coastal buffer zone” means a land area adjacent to a shoreline (coastal) feature that is, or will be, vegetated with native shoreline species and which acts as a natural transition zone between the coast and adjacent upland development. A coastal buffer zone differs from a construction setback in that the setback establishes a minimum distance between a shoreline feature and construction activities, while a buffer zone establishes a natural area adjacent to a shoreline feature that must be retained in, or restored to, a natural vegetative condition. The coastal buffer zone is generally contained within the established construction setback.

24. “Coastal headlands, bluffs, and cliffs” means elevated land forms on headlands directly abutting coastal waters, a beach, coastal wetland, and rocky shore.

25. “Coastal environment” means the complete system of living organisms and physical surroundings within the waters and shore lands of estuaries, the nearshore ocean and the terrestrial areas influenced by this system.

26. "Coastal pond" means a coastal lagoon usually located behind a barrier which, in its natural condition, permanently or occasionally exchanges waters with the ocean.

27. “Coastal wetland” means salt marshes and freshwater or brackish wetlands contiguous to salt marshes or physiographical features. Areas of open water within coastal wetlands are considered a part of the wetland. In addition, coastal wetlands also include freshwater and/or brackish wetlands that are directly associated with non-tidal coastal ponds and freshwater or brackish wetlands that occur on a barrier beach or are separated from tidal waters by a barrier beach.

28. “Coastal wetland creation” means the construction of a new coastal wetland where one had not previously existed.

29. “Coastal wetland mitigation” means mitigation avoidance and minimization of impacts and compensation for unavoidable losses by creating or restoring coastal wetlands. Mitigation projects are those projects undertaken to compensate for unavoidable losses after impacts associated with a proposed activity have been avoided and minimized to the maximum extent practicable. The Council recognizes the restoration of historic wetlands and the creation of new wetlands as the only acceptable means of compensating for unavoidable losses of coastal wetlands.

30. “Commercial and industrial structures and operations” means all buildings and alterations to such features related to the manufacturing and interchange of goods or commodities, or any other business activity located on a shoreline feature, its contiguous area, or within tidal waters.

31. "Compelling public purpose" means of such concern to the public welfare that it outweighs private of individual interests.

32. “Contiguous brackish wetlands” means those wetlands which border directly on salt marshes and where one or more of the following species predominate: tall reed (Phragmites communis), tall cordgrass (Spartina pectinata), broadleaf cattail (Typha latifolia), narrowleaf cattail (Typha angustifolia), spike rush (eleocharis rostellata), chairmaker's rush (Scirpus americana), creeping bentgrass (Agrostis palustris) sweet grass (Hierochloe odorata), wild rye (elymus virginicus).

33. “Contiguous freshwater wetlands” means those wetlands which border directly on salt marshes or brackish wetlands or physiographical features and which, except for size limitations, meet the definition of bog, marsh, swamp, or pond under the Rhode Island Freshwater Wetlands Act (R.I. Gen. Laws § 2-1-18 et seq.).

34. "Council" means the Rhode Island Coastal Resources Management Council.

35. "Council meeting" means any meeting of the full Council or a subcommittee.

36. "Council representative" means a person appointed or employed as the Council's representative or agent.

37. “Critical coastal areas” means watersheds of poorly flushed estuaries, and are geographic areas which may vary in their ecological functions and generally require specific initiatives to manage them.

38. "Depositing shore" means a shore which is accumulating sand or other sediments, as opposed to a shore which is eroding.

39. “Destination harbor” means a harbor in which the primary use is by people arriving by vessel. The following are considered destination harbors: Newport Harbor and Old and New Harbors on Block Island.

40. "Development" means any material change in the use of any structure or land or water body, including but not limited to any building mining, dredging, fillings, excavation, or drilling operation: alteration of the shore, rivers, streams, lakes or ponds: devegetation, demolition, deposition of fill, solid or liquid waste: construction, installation, reconstruction of a structure: a change in the type of class or use of land: or a material increase in the intensity of use.

41. “Direct federal activities” means activities, including development projects, performed by a federal agency, or contractor on behalf of the federal agency. Examples of such actions include: installation of mooring buoys by the National Park Service; fisheries management plans by the National Marine Fisheries Service; naval exercises; the disposal of excess federal land by the General Services Administration; U.S. Army Corps of Engineers (Corps) navigational dredging and beach renourishment projects; OCS oil and gas lease sales by the Bureau of Ocean Energy Management; improvements to military bases; and naval disposal of radioactive or hazardous waste performed by a private contractor.

42. "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping either directly or indirectly to the waters of the state of Rhode Island.

43. “Dredging” means the excavation of sediments from beneath tidal and coastal pond waters by mechanical or hydraulic means. Dredging for navigational purposes is divided into two categories:

a. improvement dredging includes new projects in previously un-dredged areas; and,

b. maintenance dredging includes projects whose purpose is to restore channels and basins to dimensions that support and maintain existing levels of use.

44. “Dredged materials disposal” means the process of discharging, depositing, dumping, or utilizing the sediments produced by a dredging operation.

45. “Dune” means an elevated accumulation of sand formed by wind action. Dunes which are undisturbed appear as hills, mounds, or ridges of sand and are typically vegetated with beach grass and shrubs. The more or less continuous ridge of dunes parallel to, and just inland of, the beach is termed the foredune zone.

46. “Ecosystem” means a system formed by the interaction of a community of organisms with their environment.

47. “Eelgrass” or “Zostera marina” means a marine vascular plant capable of both vegetative and sexual growth. Eelgrass can occur in salinity ranges averaging 5-36 practical salinity units and in depths of less than one meter to six (6) meters in Rhode Island waters at MLW depending on water clarity.

48. “Effluents” means the outflow from a river, a pipe, or other watercourse.

49. “Energy related activities” means all operations and structures involved in power generation and petroleum processing, transfer, and storage on a shoreline feature or its contiguous area or within tidal waters.

50. “Enforceable policies” means those policies which are legally binding through constitutional provisions, laws, regulations, land use plans, ordinances, or judicial or administrative decisions, by which a State exerts control over private and public land and water uses and natural resources in the coastal zone (See 16 U.S.C. § 1453(6a)).

51. “Environmental site conditions” means all elements, environmental, engineering and geologic that affects a particular location. These items shall primarily include, fetch, wave conditions, wind conditions, bathymetry, currents, soil bearing capacity, ice impacts, tide range, flood elevation, velocity zone, littoral conditions, erosion/accretion characteristics, presence of wetlands, sub-aquatic vegetation, marine resources and associated habitats. Other site specific conditions may be required for review.

52. “Erosion and sediment control plan” or “ESCP” means a description of the proposed best management practices, detailed site plans, and written narrative that, when implemented, provides protection and restoration of coastal resources by reducing erosion and controlling sediment onsite as well as minimizing other negative impacts associated with land development activities.

53. "Estuary" means a semi-closed body of water that has free connection with the open sea within which seawater is measurably diluted with fresh water derived from land drainage.

54. "Eutrophication" means nutrient enrichment to the aquatic environment, leading to excessive growth to aquatic plants, which can detrimentally alter water quality parameters, particularly oxygen concentration.

55. "Existing hospitality industry business" means for CRMP purposes an existing hospitality industry business that is a continuously operating commercial business that has lost a view of the shoreline over time through the growth of trees within a coastal buffer zone or forested wetland, as of March 3, 2015. Qualifying hospitality industry business are one of the following: a resort, restaurant, or hotel that provides services to the general public including tourists where such services are dependent upon a view of the shoreline to support their business.

56. "Fauna" means animal life.

57. “Federal assistance to state and local governments” means assistance provided under a federal program to any unit of state or local government or related public entity through grant or contractual arrangements, loans, subsidies, guarantees, insurance or other form of financial aid.

58. “Federal license” or “federal permit” means any form of approval required by a federal agency (but does not include approvals to other federal agencies). Examples of such actions are: activities requiring Corps 404 permits; Interstate Commerce Commission water carrier licenses; Corps permits for use of ocean dump-sites; Nuclear Regulatory Commission permits for nuclear power plants; and delicensing of nuclear facilities by the Nuclear Regulatory Commission.

59. "Filling in tidal waters" means the placing of materials from upland sources below the mean high water and includes the utilization of dredged materials to create land in tidal waters for purposes other than those covered by the creation of wetlands and by beach replenishment or nourishment pursuant to § 1.3.1(I) of this Part.

60. “Filling, removing, or grading of shoreline features” means:

a. “Filling” means the deposition of materials of upland origin onto shoreline features or their contiguous areas.

b. “Removing” means the process of taking away, including excavation, blasting, or mining, any portion of a shoreline or its contiguous area.

c. “Grading” means the process whereby fill or the soils of a shoreline or its contiguous area are redistributed or leveled.

61. “Fixed terminal section” means the seaward-most section of a residential boating facility which is configured as a T-section or L-section that provides access between a fixed dock and a vessel.

62. “Floating business” means a building constructed on a raft or hull that is represented as a place of business, including but not limited to waterborne hotels, restaurants, marinas or marina related businesses.

63. "Flora" means plant life.

64. "Footprint" means the square footage of the ground floor area encompassed by the structural foundation of a building.

65. “Freshwater aquaculture” means the culture of aquatic species under natural or artificial conditions in freshwater ponds, tanks, raceways or other freshwater impoundments located within the coastal zone or in inland locations throughout the state.

66. “Freshwater wetland” means the following:

a. Bog, pond, marsh, swamp, river, area(s) subject to flooding, area(s) subject to storm flowage, floodway, flowing body of water, stream, intermittent stream, submergent and emergent plant communities, special aquatic sites, and shrub and forested wetland located in the vicinity of the coast;

b. Those areas located in the vicinity of the coast, that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions; and

c. Any or all wetlands located in the vicinity of the coast, created as part of, or the result of, any activity permitted or directed by the CRMC or DEM after July 16, 1971 including, but not limited to: restored wetlands; value replacement wetlands created to compensate for wetland loss such as flood plain excavations; and any wetlands created, altered or modified after July 16, 1971.

67. “Functional residential boating facility” means a facility that has been in continuous uninterrupted use.

68. “Glacial till” means unconsolidated and unsorted material left by the movement of glaciers, consisting of clay, sand, gravel, and boulders.

69. “Groin” means a structure built of rock, steel, timber, or concrete that extends across a beach into tidal waters and is used to entrap sand in the longshore transport system; groins are generally perpendicular to the shoreline's coastal trend.

70. “Historic and archaeological resources” means districts, sites, buildings, structures, objects, and landscapes included in or eligible for inclusion in the state and national registers of historic places, or areas designated as historically or archaeologically sensitive according to the predictive model developed by the Rhode Island Historical Preservation and Heritage Commission.

71. “Horizontal datum” means either a fixed benchmark or a site-specific control point that establish location for a point on a map consistent with a coordinate system. The North American Datum of 1983 (NAD 83) is the official horizontal datum for the United States.

72. “Houseboat” means a building constructed on a raft, barge, or hull that is used primarily for single or multiple family habitation; if used for transportation this use is secondary.

73. “Hydrologic” means related to water.

74. “Jetties” means structures, usually of dumped stone in Rhode Island (rubble mound), that retard the migration of a tidal inlet (breachway) in order to provide safer passage for boats in and out of coastal lagoons and estuaries.

75. “Larva” means the early form of an animal that at birth or hatching is fundamentally unlike its parent and must metamorphose before assuming the adult form.

76. “Launching ramp” means a manmade or natural facility used for the launching and retrieval of boats.

77. “License” means the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law, not including those required solely for revenue purposes.

78. “Limited marina” means any facility marina intended for use by recreational vessels with a boat count between five (5) and twenty five (25).

79. “Limited recreational boating facilities” means a pier, dock ramp or float, or combination of such facilities constructed in accordance with the standards for residential boating facilities herein (§ 1.3.1(D) of this Part), which provide low intensity boating activities associated with land uses zoned by the local municipality as institutional or open space (or an appropriate sub-district of institutional or open space zoning) and may accommodate up to four (4) boats.

80. “Longshore current” means a current that flows parallel and adjacent to the shoreline.

81. “Low impact development” or “LID” means a site planning and design strategy aimed at maintaining or replicating the predevelopment hydrology through the use of site planning, source control, and small- scale practices integrated throughout a site to prevent, infiltrate, and manage stormwater runoff as close to its source as possible. LID achieves natural resource protection by replenishing groundwater supplies, minimizing the stormwater runoff volume discharged to surface waters, and improving water quality. Examples of LID practices include bioretention, vegetated swales, stormwater planters, porous pavement or concrete, green roofs, rainwater collection systems for water reuse, and other similar methods.

82. “Maintenance of structures” means the rebuilding, reconstructing, repairing or re-establishing to previously approved conditions and dimensions a damaged or deteriorated structure or facility. Maintenance includes only those activities that do not significantly alter the assented design, purpose and size of the structure. Maintenance provisions for marina in-water facilities and residential boating facilities are found at § 1.3.1(D) of this Part.

83. “Manmade shoreline” means those shorelines that are characterized by concentrations of shoreline protection structures and other alterations, to the extent that natural shoreline features are no longer dominant. They most commonly abut Type 3, 5, and 6 waters.

84. “Marina” means any dock, pier, wharf, float, floating business, or combination of such facilities that accommodate five or more recreational boats.

85. “Marina perimeter limit” or “MPL” means a defined perimeter based on in water facilities which defines and limits the area for structures to be located.

86. “Marine aquaculture” means the culture of aquatic species under natural or artificial conditions in the state’s waters including but not limited to: fish farming utilizing pens, tanks, or impoundments (which may be land-based); the culture of shellfish on the sea floor in permitted and leased areas, in cages, or suspended from structures in the water; and the culturing of aquatic plants. Note: land-based aquaculture operations (i.e., above mean high water) are also regulated under § 1.3.1(C) of this Part.

87. “Marine railway” or “slipway” means mechanical means for the lifting of a vessel out of the water to an elevation above the highest tides or for the launching of a vessel into the water. It is a system of cradles or carriages that are lowered into or raised from the water along an inclined track on a system of rollers or wheels.

88. “Maximum extent practicable” or “MEP” means the applicant has made all reasonable efforts to meet the standard, including the evaluation of alternative methods to achieve the same level of treatment. To show that a proposed development has met a standard to the maximum extent practicable, the applicant must demonstrate the following:

a. all reasonable efforts have been made to meet the standard in accordance with current local, state, and federal regulations;

b. a complete evaluation of all possible management measures has been performed; and

c. if full compliance cannot be achieved, the highest practicable level of management is being implemented.

89. “Mooring tackle” means the hardware used to secure a vessel at a mooring.

90. “Mosquito control ditching” means the maintenance and construction of ditches in coastal wetlands in order to enhance tidal flushing and thereby reduce and control mosquito breeding sites.

91. “Municipal harbor rules, regulations and programs” means all rules, regulations, programs or management functions exercised by a municipality that apply to the use of tidal waters adjacent to a municipality.

92. “North American Vertical Datum of 1988” or “NAVD 88” means the vertical control datum of orthometric height established for vertical control surveying in the United States of America based upon the General Adjustment of the North American Datum of 1988.

93. “Ocean dumping” means the disposal of non-dredged waste materials from vessels or by other means into marine waters. Ocean dumping does not include discharges of effluent incidental to the operation of vessels, the dumping of fish wastes, or the placement or deposit of materials on the sea floor for the purpose of enhancing fisheries.

94. “Oil” means oil of any kind and in any form including, but not limited to petroleum, fuel, oil refuse, oil mixed with other wastes, crude oils and all other liquid hydro- carbons regardless of specific gravity.

95. "One-hundred-year flood level” means the area above mean high water which has a probability of being flooded once in a one-hundred-year period. The line has been designated by the Department of Housing and Urban Development Federal Emergency Management Agency.

96. “Onsite wastewater treatment system” or “OWTS” means any system of piping, tanks, dispersal areas, alternative toilets or other facilities designed to function as a unit to convey, store, treat or disperse wastewater by means other than discharge into a public wastewater system.

97. “Open marsh water management” or “OMWM” means the maintenance and construction of reservoirs and connectors in order to enhance the tidal food web and thereby reduce and control mosquito breeding sites.

98. “Operator” means any person owning or operating an oil carrying tanker vessel with a capacity of more than 5,000 gallons whether by lease, contract, or any other form of agreement. (Note: this definition applies to § 1.3.8 of this Part)

99. “Outer continental shelf exploration, development and production activities” means those activities associated with the exploration or development of, or production from, any area which has been leased under the Outer Continental Shelf Lands Act (See 43 U.S.C. § 29).

100. “Outhaul” means a non-single-point anchoring device, for the purpose of securing a boat in tidal waters and retrieving it from shore.

101. “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.

102. “Petroleum hydrocarbons” means a compound originating from oil, gas, or other petroleum base and composed primarily of hydrogen and carbon.

103. “Petroleum products” means crude or refined oils, kerosene, gasoline, natural gas, or liquefied natural gas (LNG), liquefied petroleum gas (LPG), synthetic natural gas (methane or SNG), or other petroleum derivatives.

104. “Physiographic feature” means a landform or element of the landscape.

105. “Plankton” means small, suspended aquatic plants and animals which drift or swim weakly in the water column.

106. “Point source discharge” means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which sewage is or may be discharged.

107. “Priority of use” means a reflection of the Council's assessment of those uses deemed most likely to be consistent with adopted Council policies and regulations.

108. “Program” means the State of Rhode Island Coastal Resources Management Program.

109. “Property line extension” or “PLE” means projections of property lines used to demarcate the sideways bounds of a tidal water area adjacent to property on which a marina or residential dock is proposed to be sited. The PLE is used in the application process as a tool to assess dock siting and is not to be construed as conveying any rights or privileges to an applicant or property nor as a determination of riparian rights.

110. “Public access to the shore” means a general term used to describe the ways and means by which the public may legally reach and enjoy the coastal areas and resources of the State.

111. “Public right-of-way” means a parcel of land over which the public has a right to access tidal waters.

112. “Public roadways” means all roadways other than private driveways used to access either public or private roads.

113. “Public trust resources” or “PTR” means the tangible physical, biological matter substance or systems, habitat or ecosystem contained on, in or beneath the tidal waters of the state, and also include intangible rights to use, access, or traverse tidal waters for traditional and evolving uses including but not limited to recreation, commerce, navigation and fishing.

114. “Recreation” means any voluntary experience engaged primarily during leisure time from which the individual derives satisfaction.

115. “Recreational structures” means swim floats, beach pavilions that are constructed for recreational purposes on a shoreline feature, its contiguous area, or in tidal waters.

116. “Recreational boating facilities” means marinas, launching ramps, residential and limited recreational boating facilities, recreational wharves, piers and slips, floats or floating docks, and recreational mooring areas.

117. “Redevelopment” means any construction, alteration, or improvement that disturbs a total of 10,000 square feet or more of existing impervious area where the existing land use is commercial, industrial, institutional, governmental, recreational, or multi-family residential.

118. “Residential boating facility” means a dock, pier, wharf, or float, or combination of such facilities, contiguous to a private residence, condominium, cooperative or other home owners’ association properties that may accommodate up to four (4) boats.

119. “Residential building” means houses, and other structures as defined as a building in Section R 115 of the Council of American Building Officials building code, and the pertinent sections thereto which are used primarily for human habitation, which are built on a shoreline feature or its contiguous area.

120. “Restoration” means a return to a condition closely resembling a former, original, normal, or unimpaired condition.

121. “Revetment” means a structure built to armor a sloping shoreline face usually composed of one or more layers of stone or concrete riprap. A revetment blankets, and generally conforms to, the contours or a coastal feature.

122. “Riparian rights” means the rights of a person owning land containing or bordering on a watercourse related to access to the water, certain privileges regarding its uses, and the benefits of accretion and reliction.

123. “Riprap” means stone or concrete blocks that are dumped or placed and installed without mortar.

124. “Rocky shore” means naturally occurring shorelines composed of bedrock ledge or boulder strewn areas extending from below mean low water to above the mean high water mark. These areas frequently contain tide pools.

125. “Runoff” means that portion of precipitation which is not absorbed into the ground and which drains naturally or through manmade channels to surface water bodies.

126. “Salt marsh” means areas regularly or irregularly inundated by salt water through either natural or artificial water courses and where one or more of the following species predominate: smooth cordgrass (Spartina alterniflora), salt meadow grass (Spartina patens), spike grass (Distichlis spicata), black rush (Juncus gerardi), saltwort (Salicornia spp.), sea lavender (Limonium carolinianum), saltmarsh bulrush (Scirpus spp.), high tide bush (Iva frutescens). Saltmarsh includes both high saltmarsh and low saltmarsh defined as follows:

a. High salt marsh is defined as that portion of the saltmarsh that typically is flooded by spring, moon, or other flooding tides but otherwise is not flooded on a daily basis. The vegetative composition of high salt marsh typically consists of one or more of the following: salt meadow grass (Spartina patens); spike grass (Distichlis spicata); black rush (Juncus gerardi); tall reed (Phragmites communis); Sea Lavender (Limonium carolinianum); tall cordgrass (Spartina pectinata); saltmarsh bulrushes (Scirpus spp.); and high tide bush (Iva frutescens).

b. Low salt marsh is defined as that portion of the saltmarsh that is flooded daily and the vegetative composition typically consists predominantly of smooth cordgrass (Spartina alterniflora).

127. “Scarp” means a line of cliffs, bluffs produced by faulting or erosion.

128. “Sea level” means the height of the sea with respect to a horizontal control point or benchmark such as the North American Vertical Datum of 1988 (NAVD 88). Sea level rise refers to the net increase in mean sea level over time in response to global climate, local tectonic changes, glacial isostatic adjustment, and ocean dynamics. Sea level rise indicates a positive trend, thus an increase in sea level as compared to historic measurements. Global sea level rise is the worldwide variations in sea level due to eustatic contributions such as thermal expansion of seawater and melting glacial ice sheets. Relative sea level rise is a regional change in sea level relative to land surface elevations.

129. “Sea Level Affecting Marshes Model” or “SLAMM” means a model that simulates the dominant processes involved in wetland conversion and shoreline modifications during long-term sea level rise. The model projects the likely wetland conditions for selected sea level rise scenarios and the extent of landward wetland migration.

130. “Seawall” means a massive, standalone structure built of placed or dumped stone, concrete, or steel sheet pile. Concrete seawalls often have curved, or stepped face designed to withstand the direct onslaught of ocean waves.

131. “Sedimentation” means the settling to the bottom of suspended sediments.

132. “Setback” means the minimum distance from the inland boundary of a coastal feature at which an approved activity or alteration may be permitted.

133. “Sewage” means fecal material and human waste, or wastes from toilets and other receptacles intended to receive or retain body waste, and any wastes, including wastes from human households, commercial establishments, and industries, and storm water runoff pursuant to R.I. Gen. Laws § 46-12-1. For purposes of the Coastal Resources Management Program sewage is further defined to include freshwater discharges, including stormwater runoff that may significantly alter the salinity of tidal waters or salt ponds, and wastewater and septage, as defined by the DEM OWTS Rules, and discharges of heated waters to tidal waters of the state.

134. “Sewage treatment plant” means sewage collection and treatment facilities, including state, municipal, or privately owned and operated collection, pumping, treating, disposal or dispersion facilities designed for the treatment of sewage from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water, or surface runoff that may be present in the waste stream.

135. “Shoreline category/type” means one of the seven categories of Rhode Island shorelines designated as part of this program.

136. “Significant damage to the environment” means detriment, harm, or destruction of the environment, as opposed to damage of trivial consequence.

137. “Significant expansion of a marina” means any expansion greater than 25 % of existing or previously authorized boat capacity, or an expansion of fifty (50) or more vessels.

138. “Siltation curtains” means devices placed in the water during a dredging operation or other activity which prevent the spreading of dredged sediments.

139. “Storm surge” means an elevation in the sea surface from the effects of a storm.

140. “Stormwater management plan” means a plan describing the proposed methods and measures to prevent or minimize stormwater runoff (water quality and quantity) impacts associated with a development project both during and after construction. It identifies selected low impact development source controls and treatment practices to address those potential impacts, the engineering design of the treatment practices, and maintenance requirements for proper performance of the selected practices. The stormwater management plan details how a project complies with the eleven (11) minimum stormwater management standards and performance criteria detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. When such a plan is implemented, it provides protection and restoration of receiving waters by reducing pollutant loadings and other negative impacts associated with changes in land use (i.e., urbanization).

141. “Stormwater runoff” means that portion of precipitation that does not naturally infiltrate into the landscape (e.g., without human influence) but rather travels overland as surface flow. It is also commonly referred to as "stormwater". Stormwater runoff is a significant contributor of pollutants such as sediments, bacteria, nutrients (nitrogen and phosphorus), hydrocarbons (oil and grease), metals, and other substances that adversely affect water quality and the coastal environment. In addition, significant discharges of stormwater may alter salinity and thereby, adversely impact the coastal environment, especially in poorly flushed estuaries and embayments.

142. “Structural lot coverage” means that part of a lot or parcel that is covered by roofed structures of at least 200 square feet in size. Structural lot coverage is calculated in square feet and is either equal to the total square footage occupied by one or more foundations, or, in the case of cantilevered structures, the total square footage occupied by the structure and calculated as if a foundation supported the cantilevered portions of the structure. Structural foundations shall be broadly interpreted to include sona-tubes, pilings, concrete blocks, columns, or other types of foundation material which provide structural support to a structure which is covered by a roof.

143. “Structural perimeter limit” or “SPL” means a defined perimeter based on in-water commercial and/or industrial structures and operations which defines and limits the area for said structures and operations to be located.

144. “Structural shoreline protection facilities” means revetments, bulkheads, seawalls, groins, breakwaters, jetties, and other structures, the purpose or effect of which is to control the erosion of coastal features, and includes any sheet pile walls, concrete or stone walls, or other structures that are located within the 50-foot minimum setback or the erosion setback pursuant to § 1.1.9 of this Part and which would extend to a depth below grade to protect land or structures from active or future shoreline erosion.

145. “Subdivision” means the division of a lot, tract, or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale, lease or other conveyance or for development simultaneously or at separate times. It also includes re subdivision and when appropriate to the context, shall relate to the process of subdividing or to land subdivided. In computing six units or more the units shall be a total cumulative number of units on the property proposed after March 11, 1990, irrespective of ownership of the property or when the units are proposed.

146. “Submerged aquatic vegetation” or “SAV” means rooted, vascular, flowering plants that, except for some flowering structures, live and grow below the water surface in coastal and estuarine waters in large meadows or small disjunct beds. SAV species of concern include eelgrass (Zostera marina) and widgeon grass (Ruppia maritima), with eelgrass as the dominant SAV in Rhode Island waters.

147. “Submerged aquatic vegetation habitat” or “SAV habitat” means the sediment and water column, and the physical, chemical and biological processes that are necessary to support SAV. SAV habitat occurs in continuously vegetated beds and in intermittent vegetated beds, including unvegetated areas between vegetated beds.

148. “Swim float” means any float that is 150 square feet or less, bottom anchored and approved by the CRMC and local harbormaster on a seasonal basis (May 15 - October 15) that does not have vessels attached.

149. “Terminal float” means a floating dock or docks that are typically at the seaward terminus of a residential boating facility to which the berthed vessels are typically affixed and from which the vessels are boarded or berthed. Terminal floats are typically accessed from a ramp leading from a fixed pier. Four foot wide floats that are used to provide perpendicular access to the berthing area in lieu of the utilization of a fixed pier are defined as access floats, not terminal floats. Additional floats, not at the seaward end and not used primarily for access, shall be considered a terminal float.

150. “Transfer” means both on loading and offloading between vessels.

151. “Transient berthing” means berthing for less than thirty days (30) by a vessel that is typically kept at another location. Transient vessels and slips for transient vessels shall be considered part of the overall boat count allowed. Touch and Go facilities shall limit berthing to a maximum of forty eight (48) hours.

152. “Tributary” means 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 or immediately discharge to tidal waters, coastal ponds or coastal wetlands.

153. “Tributary wetland” means freshwater wetlands that are connected via a watercourse to a coastal wetland and/or tidal waters.

154. “Undue hardship” means an inappropriate, unsuitable, unlawful, or excessive standard or requirement levied upon an applicant.

155. “Vertical datum” means either a fixed benchmark such as NAVD 88 or a site specific tidal datum such as mean high water, mean low water and mean sea level. NGVD 29 is based on the local mean sea level in 1929, which has changed over time. NAVD 88 is the official civilian vertical datum for surveying and mapping activities in the United States. Tidal datum, such as mean sea level (MSL) or mean high water (MHW), vary according to the specific location, and represent the mean heights observed over the national tidal datum epoch.

156. “Water-dependent activity use” means activities or uses which can only be conducted on, in, over, or adjacent to tidal waters or coastal ponds because the use requires access to the water from transportation, recreation, energy production, or source of water and also includes non-water-dependent activities that provide access to the shore to broad segments of the public.

157. “Water quality volume” or “WQv” means the storage needed to capture and treat 90% of the average annual stormwater runoff volume, and in Rhode Island this equates to one (1)-inch of runoff from impervious surfaces.

158. “Water use category/type” means one of six use designations assigned to Rhode Island coastal waters as part of this program.

159. “Wetland restoration” means the re-establishment of a wetland (on the site of an historical wetland) which has been degraded to such an extent that the site performs little or none of its original wetland functions.

160. “Wetland walkover structure” means a raised pile-supported facility which provides passage over a wetland for purposes of providing pedestrian access between areas of upland isolated by the presence of wetland.

161. “Widgeon grass” or “Ruppia maritima” means a rooted, submerged aquatic plant which is capable of both vegetative and sexual growth. Widgeon grass exists primarily in saline and brackish waters, salt ponds and pools within salt marshes, and inland saline waters.

1.1.3 [Reserved]

1.1.4 Alterations and Activities That Require an Assent from the Coastal Resources Management Council (formerly § 100)

A. Tidal waters, shoreline features, and contiguous Areas (formerly § 100.1)

1. A Council Assent is required for any alteration or activity that are proposed for:

a. tidal waters within the territorial seas (including coastal ponds, some of which are not tidal but which are coastal waters associated with a barrier beach system, and are physiographical features);

b. shoreline features; and

c. areas contiguous to shoreline features.

(1) Contiguous areas include all lands and waters directly adjoining shoreline features that extend inland two hundred (200) feet from the inland border of that shoreline feature. A Council Assent is required for any alteration or activity any portion of which extends onto the most inland shoreline feature or its 200 foot contiguous area. Representative activities are listed in Tables 1, 2 and 3 of § 1.1.5 of this Part. Any alteration or activities as defined in § 1.1.5 of this Part must have an assent card posted and have a copy of the assent available at the site where the intended activity or alteration is to take place. Failure to post assent card and/or have a copy of the assent available constitutes a violation under this program.

2. Council Assents are also required for any other activity or alteration not listed in Tables 1, 2 and 3 of § 1.1.5 of this Part, but which has a reasonable probability of conflicting with the Council's goals and its management plans or programs, and/or has the potential to damage the environment of the coastal region.

3. Tidal waters and coastal ponds have been assigned to one of six use categories. Findings, goals, and policies pertaining to each water use category are found in § 1.2 of this Part. Large scale maps showing the use categories are available in coastal town halls and at the Council's offices. The precise delineation of the seaward boundaries of the state's territorial sea must be clarified through special state legislation. Until that time, the Council shall use as a guide-line the boundaries shown in Figure 1 of § 1.1.5(D) of this Part. The land-ward boundary of the territorial sea is the mean high water mark along the Rhode Island coast.

4. Shoreline features together encompass the entire shore and are assigned to the following categories:

a. Coastal beaches and dunes;

b. Barrier beaches;

c. Coastal wetlands;

d. Coastal cliffs, bluffs, and banks;

e. Rocky shores; and,

f. Manmade shorelines.

5. The prerequisites, standards, and Category B requirements for on land activities listed in §§ 1.3.1(A) through 1.3.1(R) and in §§ 1.3.5 and 1.3.6 of this Part apply to shoreline features, their 200-foot contiguous area, and inland activities subject to §§ 1.3.3 and 1.3.4.

B. Inland of shoreline features and contiguous areas (formerly § 100.2)

1. The Council reserves the right to review the following categories of alterations and activities proposed inland of shoreline features and their contiguous areas:

a. Power generating plants (excluding facilities of less than a 40-megawatt capacity);

b. Petroleum storage facilities (excluding those of less than a 2,400-barrel capacity);

c. Chemical or petroleum processing;

d. Minerals extraction;

e. Sewage treatment and disposal facilities (excluding individual sewage disposal systems);

f. Solid waste disposal facilities; and,

g. Desalination plants.

2. Where, on the basis of a review, it is found that a proposal has a reasonable probability of conflict with adopted resources management plans or programs, and/or has the potential to damage the coastal environment the Council shall require that an Assent be obtained. Inland activities and alterations that may be subject to Council permitting are defined, and Council findings, goals, policies, and regulations are set forth in § 1.3.3 of this Part.

C. Critical coastal areas (formerly § 100.3)

1. Watersheds of poorly flushed estuaries: The Council reserves the right to review any activity proposed within the watersheds of poorly flushed estuaries and critical coastal areas. Therefore the Council has developed and adopted Special Area Management Plans in order to address the specific environmental concerns of those priority management areas. In addition to those activities captured under the Council's management program, activities within Special Area Management Plans (as delineated by the poorly flushed estuary boundary on the attached RICRMP maps, and on the maps accompanying each SAM plan) that have a reasonable probability of conflicting with the goals of this plan must submit an application for an assent. These activities are:

a. Subdivisions, cooperatives, and other multi-ownership facilities [of six (6) units or more];

b. Any structure serviced by an on-site sewage disposal system servicing 2,000 gallons or more per day;

c. Any activity which results in the creation of 40,000 sq. ft. or more of impervious surface;

d. Construction or extension of municipal or industrial sewage facilities or systems (not connections to individual homes); and,

e. Water distribution systems or extensions of supply lines (not connections to individual homes).

2. Applicants proposing one or more of these activities shall apply to the Council. For more detailed mapping of the poorly flushed estuaries and their adjacent land use areas, as well as policies and recommendations pertaining to these areas, please see the appropriate Special Area Management Plan.

D. Freshwater wetlands in the vicinity of the coast (formerly § 100.4)

1. Applicability

a. A Council Assent is required for any project or activity which may alter the character of any freshwater wetland in the vicinity of the coast. Applicants are referred to the CRMC’s Rules and Regulations for the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast (i.e., the Rules) for specific programmatic requirements.

b. The Rules apply to all freshwater wetlands within the Council’s jurisdiction, the jurisdictional resource areas which are area(s) of land within fifty feet (50’), riverbanks, and flood plains, and, all activities which could alter the character of any freshwater wetland or part thereof in the vicinity of the coast.

c. The authority of the CRMC to apply the Rules to freshwater wetlands in the vicinity of the coast, area(s) of land within fifty (50) feet, riverbanks, and flood plains, is that which is necessary to carry out the effective management of the resource.

d. Projects or activities subject to the CRMC’s jurisdiction due to the nature of the activity, its proximity to any coastal feature, or its location within the boundaries of the Narrow River or Salt Ponds watersheds (as defined in the Narrow River and Salt Ponds Special Area Management Plans (SAMP)), and the proposed project is also subject to these Rules, the CRMC shall apply the provisions of the RICRMP and any applicable SAMP in addition to these Rules. Where these separate regulatory programs may conflict, the more stringent definition, policy, standard and/or prohibition shall apply.

2. Findings

a. Incorporating herein by reference Rule 10.02.B of the Council’s Rules and Regulations for the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast, the following constitute the functions and values of freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains:

(1) Wildlife and Wildlife Habitat: Freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains are important areas for the production and diversity of wildlife. Wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains provide habitat for individual species and communities of animals and plants. Animals include both game and non-game species, which may be either obligate or facultative, and which may be permanent residents, seasonal or transient in nature. Wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains serve as travel corridors, nesting sites, feeding sites, resting sites, nursery and/or brood rearing sites, escape cover, and seasonal breeding, migration, and over-wintering habitat for wildlife. Wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains provide critical habitat for some plant and animal species, and provide habitat for rare animal and rare plant species.

(2) Recreation and Aesthetics: Freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains provide and potentially provide a variety of important active and passive recreational and aesthetic values to the general populace. Such active and passive recreational values include, but are not limited to activities such as; hunting, fishing, trapping, cross-country skiing, ice skating, boating, waterskiing, canoeing, camping, swimming, bicycling, hiking/walking, horseback riding, harvesting of natural foods or plant materials, bird watching, education and nature studies or other animal observations and photography. Aesthetic values include, but are not limited to, the wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains visual, aural and cultural qualities such as its prominence as a distinct feature in the local area, including its prominence as open space; whether the wetland, area of land within fifty (50) feet, riverbank, or flood plain is a rare type; whether the wetland, area of land within fifty (50) feet, riverbank, or flood plain actually maintains or provides suitable habitat for any rare animal or rare plant species; whether the wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains has any outstanding or uncommon geomorphologic features; and whether the wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains contains archaeological evidence or historic significance.

(3) Flood Protection: Freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains protect life and/or property from flooding and flood flows by storing, retaining, metering out, and otherwise controlling flood waters from storm events. Further, wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains control the damaging effects of flood flows by dissipating erosive forces, providing frictional resistance to flood flows, and providing shoreline anchoring values.

(4) Surface Water and Groundwater: Freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains provide and/or maintain surface and/or groundwater supplies by acting as a recharge or discharge area, or in the case of some ponds, acting as surface water reservoirs. While groundwater recharge and discharge functions and values may vary seasonally, a freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains may, either individually or cumulatively, be an important factor in replenishing ground and surface water supplies, maintaining stream flows, transporting surface waters, and storing or metering out surface waters and/or groundwater during seasons or periods of droughts.

(5) Water Quality: Freshwater wetlands, area(s) of land within fifty (50) feet, riverbanks, and flood plains protect and/or maintain important water quality functions and values by nutrient retention or removal; pollution filtration; sediment removal; oxygen production; turbidity reduction; maintenance or modification of stream flow; temperature and oxygen regimes in both flowing and surface water bodies, and providing and maintaining safe drinking water supplies.

b. The functions and values herein listed further the goals and objectives of the Council’s management programs for the protection and management of coastal resources

3. Policies

a. It is the policy of the Council to prohibit the alteration, filling, removing or grading of any tributary or tributary wetland. In all cases the precise boundary of the freshwater wetland shall be determined through a field inspection.

4. Prerequisites

a. A water quality certificate from the Department of Environmental Management shall be a prerequisite for any application to alter.

5. Prohibitions

a. Filling, removing, or grading (§ 1.3.1(B) of this Part) is prohibited on any tributary or tributary wetland. Any activity not prohibited herein shall be evaluated against the Council’s Rules and Regulations for the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast. However, the following exceptions may be permitted by the Council:

(1) The fifty (50) foot wetland perimeter and river bank wetland areas outside the wetland “edge” (RIFWWA, R.I. Gen. Laws §§ 2-1-20(d) and (g)) shall not be considered part of the wetland under this section.

(2) Filling, removing, or grading of freshwater wetlands, excluding areas regulated as coastal wetlands (§ 1.2.2(C) of this Part) may receive relief from this prohibition in instances where filling is required to access otherwise buildable land and when no other reasonable alternatives for access exist and when the applicant has satisfied the variance burdens of proof set forth in § 1.1.7 of this Part. Buildable land shall be defined as a land area which satisfies all federal, state, and municipal requirements for the intended development. To be defined as buildable land, the intended development must also satisfy the requirements in applicable Special Area Management Plans and meet all of the Department of Environmental Management’s regulations and requirements for ISDS in “Critical Resource Areas.” In cases where the Council approves filling of a freshwater wetland in order to access otherwise buildable land, the applicant shall be subject to the following requirements:

(AA) The applicant shall be required to mitigate the area of wetland lost on a 2 to 1 (2:1) area basis;

(BB) The wetland that is replaced shall be consistent with that which was filled;

(CC) The mitigation, when feasible, shall take place on-site and in an area which is hydrologically connected to the impacted wetland. When not feasible the Council shall consider other viable alternatives, including increased mitigation ratios;

(DD) Setback and buffer requirements shall be required for the wetland replacement area;

(EE) Enhancement of existing wetland shall not be an acceptable form of mitigation under this section;

(FF) When applicable, all wetland replacement projects will require the approval of the Rhode Island Department of Environmental Management, Division of Freshwater Wetlands; and,

(GG) When applicable, the applicant shall concurrently submit applications to the RIDEM and to the CRMC so that a concurrent review of the proposed activities can occur.

1.1.5 Review Categories and Prohibited Activities in Tidal Waters and on Adjacent Shoreline Features

A. Table 1: Water type matrices

B. Table 2: Review categories in the 200 foot area contiguous to shoreline features

C. Table 3: Review Categories for Inland Activities (§§ 1.3.3 and 1.3.4 of this Part)

D. Figure 1: Rhode Island's territorial sea and geographic location description (GLD) boundary