CRMC introduces new marina regulations

January 19, 2006, PROVIDENCE —The Rhode Island Coastal Resources Management Council has introduced new statewide marina regulations. The more detailed rules, which were approved by the Council’s Policy and Procedures subcommittee Tuesday night, call for more building and expansion standards, and encourage marina expansion by way of dry stacking where viable, with incentives, in comparison expanding into public trust waters. Marinas will also be directed, as a first order of business, to look within their own boundaries to ensure they have the most efficient layouts before expanding into tidal waters.

At the request of CRMC Chairman Michael M. Tikoian in a December 2004 letter to CRCM Executive Director Grover J. Fugate, the CRMC staff began developing new regulations with more detailed policies, standards and reviews to address marina expansions.

“As you know, the Council has recently seen marina applications that seek additional public trust resource areas for their expansion projects,” Tikoian said in his letter. “While marinas do provide a benefit to the state in a number of ways – access, recreation, economic – their use of the public trust is of high importance to the Council. Therefore, I believe we should develop a more systematic approach to our review of activities that seek to use significant areas of the public’s coastal resources relative to private purposes.”

The proposed regulations would require a preliminary determination for any marina or dock expansion. Prior to the development of the new regulations, a preliminary determination was optional. The preliminary determination will include an alternative analysis to prove that the uses of waters within the public trust are the most efficient and protective of the environment. The analysis must also include details such as the appropriateness of the facility and structure given the potential impact on coastal resources and any environmental site conditions; potential navigational, aesthetic and scenic impacts; the extent of any disruption of public use of these lands; and the extent that the public would benefit or suffer from the activity.

The proposed marina regulations also distinguish small from large marinas, as well as destination harbor. Limited marinas are defined as any facility intended for use by recreational vessels with a boat count between five and 25 boats. A marina is defined as any facility for the same use with a boat count in excess of 25 boats. A destination harbor is defined in the new regulations as one in which the primary use is by people arriving by vessel. These typically include locations similar to Newport Harbor. Dry stacking would not be feasible in destination harbors, where there is a high volume of daily boat traffic in and out of the harbor.

Another major change in the regulations would be a minimum density requirement, 30 vessels per acre (except in destination harbors), which will make efficient use of any expansion mandatory. Another condition of the new regulations is that where necessary, the applicant shall apply for a Water Quality Certificate from the RI Department of Environmental Management concurrent with their application to CRMC.

“Additionally, marina operations should address fire safety issues, as well as fuel and oil spill prevention and contingencies,” Tikoian said. “Marinas may need to develop plans or programs that consider these issues.”

The CRMC’s present regulations, approximately five pages long, make no distinction between residential docks and marinas. The proposed regulations, which are 16 pages long, separate the two. It is also noted that Rhode Island has been designated a No Discharge State; therefore all discharges within state waters are prohibited. The proposed regulations now also include minimum required sanitary facilities for new and existing marinas, which are determined by the number of vessels in the marina. There are also new specifications for fire prevention systems and electrical installations.

Any marina that has a “Clean Marina” certification letter issued by the CRMC will only be required to submit the facility layout plan (plan requirements under the Council’s Operation and Maintenance” guidelines) and Clean Marina certification approval letter in lieu of an O&M plan.

“These new regulations will encourage more smart growth in marinas, by encouraging dry stacking over water expansion where applicable, and offer incentives to those who choose to utilize this method,” Tikoian said. “These regulations will show that the Council is responding to protect public trust waters.