Section 650-RICR-20-00-3.3 - DefinitionsA. Definitions for this Part are as follows: 1. "Cumulative effects" means the physical, biological, or chemical outcome of a series of actions or activities on the environment.2. "Cumulative impacts" means the total effect on the environment of development activities and/or natural events taking place within a geographic area over a particular period of time resulting from land use, water use and development activities or actions taking place anywhere within the salt pond region over any period of time. They are not restricted to on-site impacts, but may include off-site impacts which exist or are going to exist based on current land use planning. Cumulative impacts can result from traditionally unregulated changes in land and water uses.3. "Experimental coastal erosion control methods" means unconventional methods that are intended to control erosion along coastal beaches or capture sand in shallow water depths parallel to the beach in order to restore beach profiles. These methods are defined as "experimental" because their effectiveness in controlling coastal erosion is highly variable. These methods have not been previously permitted and used in Rhode Island, but may have been used in other states with varying degrees of success. Such experimental coastal erosion control methods are temporary in nature and designed to provide short-term, localized erosion management while more comprehensive, long-term regional solutions are developed. Such long-term strategies will likely include the relocation (also known as retreat) of existing development and public infrastructure to more inland positions. By definition the term "experimental" refers to a product or method that is based on an untested idea or technique and has not yet been fully tested. Thus, inherent in the concept of "experimental" coastal erosion control methods is the understanding that the impact, results, success or failure of the untested methodologies: a. cannot be readily predicted;b. require special monitoring and supervision; and c. may require unilateral, summary termination if a methodology results in detrimental impacts. Experimental coastal erosion control methods do not include revetments, bulkheads, seawalls, groins, breakwaters or jetties.4. "Lands of critical concern" means lands that are presently undeveloped or developed at densities of one residential unit per 120,000 square feet. These lands may be adjacent to or include one or more of the following:a. sensitive areas of the salt ponds that are particularly susceptible to eutrophication and bacterial contamination;b. overlie wellhead protection zones or aquifer recharge areas for existing or potential water supply wells;c. areas designated as historic/archaeologic sites;e. areas where there is high erosion and runoff potential;f. habitat for flora and fauna as identified through the RI Natural Heritage Program, large emergent wetland complexes, and U.S. Fish & Wildlife lands; and 5. "Lands developed beyond carrying capacity" means lands that are developed at densities of one residential or commercial unit on parcels of less than 80,000 square feet, and frequently at higher densities of 10,000 square feet or 20,000 square feet. Intense development associated with Lands Developed Beyond Carrying Capacity is the result of poor land use planning and predates the formation of the Council. High nutrient loadings and contaminated runoff waters from dense development have resulted in a high incidence of polluted wells and increased evidence of eutrophic conditions and bacterial contamination in the salt ponds. Most of the OWTS in these areas predate RIDEM regulations pertaining to design and siting standards, and have exceeded their expected life span.6. "Land suitable for development" means the net total acreage of the parcel, lot or tract remaining after exclusion of the areas containing, or on which occur the following protected resources: coastal features as defined within R.I. Gen. Laws Chapter 46-23 and in § 1.2.2 of this Subchapter; freshwater wetlands, as defined in § 1.1.2 of this Subchapter (see CRMC Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast, Part 2 of this Subchapter); and lands to be developed as streets and roads shall also be excluded from the calculated acreage of developable land.7. "Nitrogen reducing technologies" means alternative wastewater treatment systems which reduce total nitrogen concentrations by at least 50%. Total nitrogen reduction is the annual mean difference by percentage between total nitrogen concentrations in the effluent of the septic or primary settling tank and the concentrations taken at the end of the treatment zone as defined by the specific technology.8. "Salt pond region" means the environment within the surface watershed boundaries as delineated on the land use classification maps in § 3.44 of this Part.9. "Self-sustaining lands" are lands that are undeveloped or developed at a density of not more than one residential unit per 80,000 square feet. Within these areas, the nutrients discharged to groundwater by septic systems, fertilizers and other sources associated with residential activities may be sufficiently diluted to maintain on-site potable groundwater. However, the one residential unit per two acre standard is not considered sufficient to reduce groundwater nitrogen concentrations to levels which will prevent eutrophication, or mitigate for dense development in other portions of the watershed.
10. "Tributary" means any flowing body of water or watercourse which provides intermittent or perennial flow to tidal waters, coastal ponds, coastal wetlands or other down-gradient watercourses which eventually discharge to tidal waters, coastal ponds or coastal wetlands.11. "Tributary wetlands" means freshwater wetlands within the watershed that are connected via a watercourse to a coastal wetland and/or tidal waters.12. "Underground storage tank" or "UST" means any one or more underground tanks and their associated components, including piping, used to contain an accumulation of petroleum product or hazardous material.650 R.I. Code R. 650-RICR-20-00-3.3
Amended effective6/20/2019