AGENDA
Semi-Monthly Meeting – Full Council
Tuesday, November 13, 2018; 6:00 p.m.
Administration Building; Conference Room A
One Capitol Hill, Providence, RI 02908

Approval of the minutes of the previous meeting – October 23, 2018

Subcommittee Reports

Staff Reports

Decision regarding Potential Amended Stay Agreement between CRMC and Vineyard Wind

APPLICATIONS WHICH HAVE BEEN OUT-TO-NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:

2018-05-125 NEW REF HORIZON, LLC -- Construct and maintain a residential boating facility consisting of a 143’x4’ fixed pier, a 24’ ramp, and a 9.5’x15.78’ terminal float. The facility is proposed to extend 75’ past mean low water to achieve a water depth of 2.7’ at its terminus. In addition, a 10,000# boat lift is proposed. Variance is required from 1.3.1.D.11.(k) and 1.3.1.D.11.(l) as the facility is proposed to extend greater than 50’ beyond mean low water, and be located 0’ and 10’ from the property line extensions where 25’ is required. Located at plat 221, lot 112; 2 Alger Avenue, Warwick, RI.

PROPOSED AMENDMENTS TO THE COASTAL RESOURCES MANAGEMENT PROGRAM BEFORE THE FULL COUNCIL:

650-RICR-20-00-5: Metro Bay Region SAMP

Summary of Rulemaking Action:

The purpose of these regulations is to provide a concise set of coastal development regulations for properties located within the Metro Bay Region SAMP boundary that are predictable and provide developers with several options for coastal buffers to promote economic development and coastal resource protection. In 2016, the legislature passed an amendment to R.I. Gen. Laws § 42-35-5(b) that required the Secretary of State to oversee the publication of an updated uniform code of state regulations. The purpose of this amendment is to reformat the Metro Bay Region SAMP in accordance with the new uniform code of state regulations, called the Rhode Island Code of Regulations ("RICR"), consolidate and integrate desirable elements of the Providence Harbor SAMP, and to make other nontechnical changes. There are no substantive changes to the existing regulations. Reformatting of the regulation in accordance with RICR includes, but is not limited to, re-numbering, moving of definitions, movement of text, and elimination of duplicative or on regulatory text, among other format changes. A summary of changes between current and proposed regulation by section is as follows:

• Add new § 5.1(B) to highlight federal Coastal Zone Management Act authority for implementation of Special Area Management Plans;
• Add new § 5.1(C) to further clarify the purpose of the consolidated rules;
• Add new § 5.3 as a consolidation of Metro Bay Region policies;
• Add new § 5.3.1 to account for Providence Harbor SAMP prohibitions;
• Add new § 5.3.2 to account for specific Providence Harbor policies;
• Clarify applicability of roadway projects at § 5.5(C)(1)(a)(2)(CC);
• Clarify status of the compensation option at §§ 5.4(C)(3), 5.5.1(B)(5), 5.8(C)(3)(b)(2), 5.8(C)(4)(a)(4), and 5.9(B)(4)(a)

650-RICR-20-00-7: Aquidneck Island SAMP

Summary of Rulemaking Action:

In 2016, the legislature passed an amendment to R.I. Gen. Laws § 42-35-5(b) that required the Secretary of State to oversee the publication of an updated uniform code of state regulations. The purpose of this proposed rule is to reformat the Aquidneck Island (SAMP) Coastal Development Regulations and codify the rules in accordance with the new uniform code of state regulations, called the Rhode Island Code of Regulations ("RICR"). Figures 5, 6 and 7 showing CRMC and DEM freshwater wetlands jurisdiction are being deleted, as DEM has established a user friendly online map service for determining freshwater wetlands jurisdiction. Part 7.11 Appendix A is being added to provide habitat maps currently available on the CRMC website here: http://www.crmc.ri.gov/samp_ai/AI_SAMP_Habitat_Linkage_Map.pdf.
Otherwise, there are no substantive changes to the rule.

EXECUTIVE SESSION § 42-46-5(2) – Potential Litigation, Ocean SAMP

CALENDAR INDEX