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RI Coastal Resources Management Council

...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders

In accordance with notice of the Rhode Island Coastal Resources Management Council’s Planning & Procedures subcommittee, a meeting was held on Tuesday, January 14, 2020 at 4:00pm at the offices of the Cervenka Green & Ducharme LLC, 235 Promenade Street, Suite 475, Providence, RI.

MEMBERS PRESENT
Jennifer Cervenka, Chair
Donald Gomez
Trish Reynolds

STAFF PRESENT
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
James Boyd, Coastal Policy Analyst
Anthony DeSisto, Legal Counsel

 

Call to Order. Ms. Cervenka called the subcommittee meeting to order at 4:00 p.m.

Ms. Cervenka called for a motion to approve the minutes of the November 10, 2019 subcommittee meeting.

Ms. Cervenka seconded by Mr. Gomez moved to approve the meeting minutes of November 10, 2019. All voted in favor of the motion with Ms. Reynolds abstaining.

Items 4.A through 4.K – Several changes were proposed which affect various sections to the ‘Redbook’ 650-RICR- 20-00-1. Staff explained the compilation and travel of these proposed changes to the subcommittee over the past year as primarily being driven by agency staff in the course of their day-to-day work when they find efficiencies and opportunities for betterment of the program’s various regulations. Additionally, outside NGOs such as Save the Bay had also offered suggested changes that were in turn vetted, analyzed and considered by staff, some of which are presented herein.

Item 4.A 650-RICR-20-00-1.1.2 Definitions. J. Boyd explained the proposed changes to the section.

Item 4.B 650-RICR-20-00-1.1.3 Requirements for Applicants. J. Boyd explained the proposed changes were clarifications to the existing requirements.

Item 4.C 650-RICR-20-00-1.1.6 Applications for Category A and Category B Council Assents. J. Boyd explained the proposed changes were clarifications to the existing requirements. Ms. Cervenka asked if any municipalities had embraced the Coastal Hazards Application process and embedded it in their requirements. G. Fugate explained that one town, South Kingstown, had done so by also creating an overlay district to assist the town in these issues primarily for subdivisions. The Town of Warren is also looking at the process for their own use. Mr. Gomez asked about fetch and its analysis in application reviews. G. Fugate explained how fetch is reviewed by staff vis-à-vis the regulations.

Item 4.D 650-RICR-20-00-1.1.7 Variances. J. Boyd explained the proposed change was editorial/stylistic.

Item 4.E 650-RICR-20-00-1.1.8 Special Exceptions. J. Boyd explained the proposed changes were for clarification and to be more consistent with the APA.

Item 4.F 650-RICR-20-00-1.1.9 Setbacks. J. Boyd explained the proposed changes to the section.

Item 4.G 650-RICR-20-00-1.1.13 Violations and Enforcement Actions. J. Boyd explained the proposed changes to the section.

Item 4.H 650-RICR-20-00-1.1.14 Emergency Assents. J. Boyd explained the proposed changes to the section. The subcommittee discussed the issue of the imposition of a moratorium as explained in subparagraph 1.1.14(C)(3) and felt a longer timeframe for the moratorium may be warranted. A. DeSisto offer that the applicable sentence be amended to include “may be extended for good cause shown.” The subcommittee agreed.

Item 4.I 650-RICR-20-00-1.2.1 Tidal and Coastal Pond Waters. J. Boyd explained the proposed change was editorial/stylistic.

Item 4.J 650-RICR-20-00-1.2.2 Shoreline Features. J. Boyd explained the proposed changes were for clarification.

Item 4.K 650-RICR-20-00-1.3.1 In Tidal and Coastal Pond Waters, On Shoreline Features and Their Contiguous Areas. The ‘old’ Activities section of the Redbook, J. Boyd explained that several listed activities had revisions proposed.

Within the sewage and stormwater subsection, J. Boyd explained that anachronistic language was removed so as to be made consistent with proper citations.

Within the structural shore line protection subsection, J. Boyd and G. Fugate explained that the activity was rewritten from beginning to end to introduce proposed changes that demonstrate a less disruptive option to stabilize shorelines, namely that of using a hybrid approach, such that it should become the preferred choice. Such approach allows for the toe of the slope to be minimally hardened while the remaining slope to be vegetated, said G. Fugate. He also mentioned that agency experience with post-storm permitting has allowed property owners to use existing stone from the beach face to be brought back against the slope, at the toe. This experience led to the creation of the hybrid approach. Given the changes, Ms. Cervenka asked how long staff has been working on this subsection. J. Boyd and C. Chaffee stated that the entire staff has been developing the revised subsection internally for several months. Additionally J. Boyd noted that Save the Bay had recently sought revisions to this subsection. G. Fugate, J. Boyd and C. Chaffee believe that the non-governmental organization should find these proposed changes mesh well with their concerns. Ms. Cervenka asked if the Council’s Experimental Coastal Erosion Control regulations would be replaced with these proposed changes. G. Fugate stated that they are separate and that this subsection is applicable statewide, whereas the experimental regulations will only apply to Matunuck and Misquamicut. C. Chaffee noted that the prohibition for structural shoreline protection has been strengthened in the proposed changes.

Within the energy subsection J. Boyd explained that the CVA language has been revised for clarity.

Within the filling of tidal waters subsection, J. Boyd explained the proposed changes were clarifications to the existing requirements.

Within the aquaculture subsection, J. Boyd explained the proposed changes were clarifications to the existing requirements. Ms. Reynolds asked if the agency ever collapsed on an aquaculture performance bond. G. Fugate explained that the CRMC has had to collapse on such.

The Chair asked for a motion to consider the proposed changes in one motion.

Mr. Gomez seconded by Ms. Reynolds moved to approve in whole the proposed changes to the Redbook 650- RICR-20-00-1 and as amended by the subcommittee in §1.1.14(C)(3). All voted Yes in favor of the motion.

ADJOURNMENT. Ms. Cervenka, seconded by Mr. Gomez, moved to adjourn. All voted in favor of the motion and the meeting was adjourned at 4:59 p.m.

 

Respectfully submitted by

Jeffrey M Willis, Deputy Director

 

CALENDAR INDEX

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