Management Procedures

Redbook/SAMPS
A. Section 300.4.C.2 – Recreational Boating Facilities/Residential Boating Prerequisites
B. Section300.14–MaintenanceofStructures

A. Commercial/Industrial Activities – In-water Operations and Change in Use Requirements

“Redbook”

Section 300.4.C.2 – Recreational Boating Facilities

C.2 Residential Boating Prerequisites

(a) All applications for residential boating facilities shall be initially reviewed by the Executive Director or his designee. The Executive Director may refer any such application to the Council for a hearing if based upon the application on its face a determination is made that the proposed activity warrants a Council hearing.

(b) All such applications not referred to the Council for hearing under item (a) above shall be referred to the subcommittee on residential boating facilities which shall consist of at least three (3) Council members appointed by the Chairman. The Chairman shall also appoint a Chairman of the subcommittee.

(c) The subcommittee on residential boating facilities Executive Director or his designee shall, based upon the application and staff reports, make a determination that the application meets all the criteria as set out in Section 300.4.E.3 Standards for Residential Docks, Piers and Floats and any other applicable Council policy or procedures. If a determination is made by the subcommittee that all the above criteria are met, the application shall be processed as a Category A application.

(d) If a determination is made by the subcommittee that all of the above criteria are not met then the subcommittee shall refer the matter shall be referred to Council as a Category B application.

(e) The subcommittee Executive Director or his designee shall have the authority to consider and act upon variance requests to certain standards of this section pertaining to residential boating facilities. The subcommittee and shall utilize the criteria and requirements of Section 120 of this program in its evaluation of variance requests. Variances may be granted by the subcommittee.

(f) Variance requests to other standards of this section or to other appropriate and relevant sections of the CRMP must be made to the full Council. Variances shall not be considered by the subcommittee Executive Director or his designee if there is a substantive objection, in accordance with Section 110, to the application.

(g) Variances may be granted to all of the standards contained in Section 300.4.E.3 Standards for Residential Docks, Piers and Floats and Section 200.2.C.3 (Type 2 – Low Intensity Use) provided engineering, biological and other appropriate concerns have been addressed except for the following:

“Redbook”

Section 300.14 – Maintenance of Structures A. Definition

1. Maintenance of structures includes 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 Section 300.4.E.

B. Policies

1. Persons proposing to maintain dredged channels and mooring areas (Section 300.9) and mosquito control ditches in coastal wetlands (Section 300.12) are in all cases required to obtain a new Council Assent.

2. Maintenance of structures and facilities for which a Council Assent has been issued is permitted upon obtaining a Certification of Maintenance from the Executive Director of the CRMC. This Certification shall establish that all applicable standards for the construction and operation of the permitted structure or facility, and any stipulations that were conditioned by the Council's Assent have been met, and are continued. Further, the Certification of Maintenance may contain additional measures to minimize the environmental impact of the activity, to promote the restoration of coastal resources, or to otherwise further the objectives and goals of this program, as may be required by staff recommendations to the Executive Director, consistent with the standards of the RICRMP.

3. Persons proposing to maintain or repair structural shoreline protection facilities shall do so in a manner consistent with Section 300.7.G.

4. Persons proposing to maintain previously assented structures (other than piers and docks associated with marinas) which have physically been destroyed 50 percent or more by storms, waves, or other natural coastal processes shall, upon the determination of the Executive Director, be required to obtain a new Council Assent. Such activities requiring a new Council Assent shall be reviewed according to the most current applicable programmatic requirements of the Coastal Resources Management Program, its Special Area Management Plans, and/or any other appropriate CRMC-approved management plans.

5. Many structures under Council jurisdiction predate the Council and were not permitted by Council Assent when originally constructed. Persons proposing maintenance or repair activities on such structures shall be required to obtain a Certification of Maintenance, meet relevant standards of this program, or obtain a Council Assent, as determined by the Council's Executive Director.

(A) Persons proposing to (i) demolish structures, (ii) repair structures which have been physically destroyed 50 percent or more as a result of storm induced flooding, wave, or wind damage, and (iii) repair structures which have been destroyed 50 percent or more by fire shall be required to submit an application and meet the current programmatic requirements.

(B) Persons proposing to maintain any structure, including utilities, in or adjacent to Type 4, 5 or 6 waters that predate the Council’s jurisdiction (circa 1971) may be required to perform a fitness for purpose analysis and certification. Applicants are referred to the Council’s program document Guidelines for Fitness of Purpose Investigations and Certifications for direction.

(C) Yacht Clubs and other boating facilities that are listed on the National Historic Register that are destroyed may apply for a maintenance Assent before the Council (reconstruction) provided that the exact historical foot print of the structure is utilized and the identical architectural edifice is utilized on the building. All non- façade elements shall be in compliance with the latest edition of the Rhode Island State Building Code.