In accordance with notice of the Rhode Island Coastal Resources Management Council’s Planning & Procedures subcommittee, a meeting was held on Tuesday, May 14, 2024 at 5:00 pm at the Administration Building, Conference Room A, located at One Capitol Hill, Providence RI.

MEMBERS PRESENT
Raymond Coia, Chair
Don Gomez
Patricia Reynolds
Ron Gagnon, RIDEM

STAFF PRESENT
Jeff Willis, Executive Director
Laura Miguel, Deputy Director
Bruce Lofgren, Coastal Policy Analyst
Mark Hartmann, Legal Counsel

 

Call to Order. Chair Coia called the meeting to order at 5:07 p.m.

Item 2 Approval of Previous Meeting Minutes:

April 9, 2024
Mr. Gomez seconded by Ms. Reynolds moved to approve the minutes as presented.
All voted Yes in favor of the motion.

Item 3. Old Business/Works in Progress

Staff had no old business or works in progress to discuss.

Item 4. Proposed Programmatic Revisions

A. 2024-04-071 Quidnessett Country Club Petition for Change to Map of Water type Classification for North Kingstown (north)– J. Willis explained the CRMC received a petition to change the water type classification for the waters adjacent to Quidnessett Country Club (QCC) in response to an enforcement matter from the QCC constructing a rip rap revetment without a CRMC permit. Mr. Willis explained that the waters are designed as Type 1 waters and the Program does not permit structural shoreline protection along Type 1 shorelines. In response the QCC is petitioning for a change to Type 2 waters.

Mr. Willis also explained that CRMC has 30 days to act on a petition, but CRMC received an extension as there were no Planning and Procedures Subcommittee meetings within 30 days of receipt of the petition.

B. Lofgren stated that there are three options for the Planning and Procedures Subcommittee to consider.

1. To deny the petition in a record and state its reasons for denial.
2. To initiate regular rulemaking.
3. To direct Staff to initiate rulemaking utilizing the Advanced Notice of Proposed Rulemaking pursuant to R.I Gen Laws 42-35-2.5.

Mr. Lofgren explained that Staff typically brings a potential policy or rule change to the Subcommittee after Staff has engaged stakeholders and performed regulatory analysis. However, because this petition was not initiated by Staff this typical process has not occurred.

Mr. Wills stated that the Advance Notice of Proposed Rulemaking is the only option for pursuing the petition for potential rulemaking, or the Subcommittee could deny the petition tonight.

Mrs. Reynolds asked about the process for public outreach and if that has occurred for this petition. Mr. Lofgren stated that it had not yet occurred, and the Advanced Notice of Potential rulemaking is a tool agencies use to gather as much public information and public comment as possible.

Mr. Gagnon stated that CRMC may want to see how the enforcement action plays out before we entertain a petition. Mr. Willis stated that it was his understanding that this petition was an attempt to address the enforcement action. Ms. Reynolds asked if there was a process to request a variance for the action rather than change the water classification. Mr. Willis stated that structural shoreline protection in Type 1 waters is a prohibited activity ty the RICRMP.

A discussion ensued regarding the policy alternatives, avenues of enforcement options, and the process moving forward.

A motion was made by Mr. Gomez and seconded by Ms. Reynolds to direct Staff to address the petition with an Advanced Notice of Proposed Rulemaking. All voted Yes in favor of the motion.

After the motion was made, Mr. Willis stated that Staff will draft an Advanced Notice of Proposed Rulemaking, include a 30-day public comment period, and issue the public notice as early as next week. Mr. Willis also stated that after the public comment period ends and Staff performs its analysis and investigation, the matter will come back before the Subcommittee.

ADJOURNMENT. Ms. Reynolds, seconded by Mr. Gomez, moved to adjourn. All voted in favor of the motion and the meeting adjourned at 5:30 p.m.

 

Respectfully submitted by
Bruce Lofgren, Coastal Policy Analyst

 

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