Rhode Island CRMC Coastal Jurisdiction (§46-23) (RI)

Tracked preemption from the Rhode Island overlay bundle.

Overview

Effective
1971-04-23
Sunset
Authority
state
Scope
state:RI

Trigger predicate

When this evaluates true for a parcel, the law's preempted fields take precedence over base zoning.

OR
  • parcel.in_crmc_envelope == True
  • AND
    • project.use_category == energy
    • project.capacity_mw 40

Preempted fields

2 fields on the base district schema are rewritten when the trigger fires.

FieldOpValueNote
review_typeadd_layerCRMC_assentCRMC assent operates in parallel with — and independently of — municipal zoning within the jurisdictional envelope
shoreline_setbackset_floor_by_water_typeWater Type 1–6 classifications govern shoreline-development intensity

Citation

Authority source
R.I. Gen. Laws §46-23
§ §46-23 (Coastal Resources Management Council)
https://law.justia.com/codes/rhode-island/title-46/chapter-46-23/

Research notes

RI's Coastal Resources Management Council is the closest analog among US states to a fully separate coastal land-use regulator. Jurisdiction covers all tidal waters out to 3 nautical miles, a 200-ft envelope inland of every coastal feature, all energy facilities >40 MW anywhere in the state, and SAMP-designated watersheds (Ocean SAMP — first US offshore-wind SAMP, 2010 — plus Salt Ponds, Narrow River, Metro Bay, Beach SAMP). A city cannot zone its way around CRMC, and CRMC cannot zone its way around the city's underlying use rules outside its envelope. Federal conflict check enabled because CRMC implements the federal Coastal Zone Management Act and overlaps with NOAA Office for Coastal Management approvals.