New marina regulations now in effect

November 14, 2006, WAKEFIELD—The Rhode Island Coastal Resources Management Council’s revised Section 300.4 of the Rhode Island Coastal Resources Management Program (RICRMP) regarding Residential Boating Facilities became effective as regulation last week, on November 6.

The comprehensive regulations, which were approved by the Council on October 11, call for more building and expansion standards, and encourage marina expansion outside of tidal waters using incentives. Marinas will also be directed, as a first order of business, to look within their existing perimeters to ensure they have the most efficient layouts before expanding further into tidal waters.

At the request of CRMC Chairman Michael M. Tikoian in a December 2004 letter to CRMC 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 regulations 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 must include an alternative analysis to ensure that the use of the public trust waters 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 new Section 300.4 also distinguishes marinas by size and location, to provide achievable standards, rather than a one size fits all approach. 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 Block Island and Newport 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 and environmentally protective use of any expansion mandatory. Marina operations should address fire safety issues, as well as fuel and oil spill prevention and contingencies.

There are also new specifications for fire prevention systems and electrical installations. The new regulations provide the opportunity to limit the amount of paperwork required if a marina has a “Clean Marina” certification letter issued by the CRMC. All marinas, under Section 300.4, are also mandated to start replacing existing non-encapsulated floatation in five years at a rate of 10 percent per year.  Some marinas, such as the East Greenwich Yacht Club and Harborlight Marina, have already begun this work.

“The CRMC applauds the efforts of these marinas in there proactive efforts to incorporate the new encapsulated foam docks into their dock work, five years before it becomes mandatory under the new regulations,” Tikoian said.

The regulations are located on the CRMC web site at www.crmc.ri.gov/regulations.html.