RI Regulatory Setbacks & Buffers: Coastal Management Issues

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RI Regulatory Setbacks & Buffers: Coastal Management Issues New England Onsite Wastewater Training Program @ URI OWT 155 - November 29, 2012 James Boyd - Coastal Policy Analyst Photo: October 30, 2012

Goals for Today Understand the impacts of storms, coastal erosion and sea level rise and the consequences for coastal OWTS Importance of OWTS design and siting for adapting to seas level rise and storm flooding impacts Importance of coastal setbacks/buffers for OWTS Be able to determine the required CRMC setback/buffer

Why Worry About Coastal Setbacks? GONE! 2005 2007

Why Worry About Coastal Setbacks?

Why Worry About Coastal Setbacks? October 30, 2012

Coastal Erosion Happens During Storms! Tropical Storms (Hurricanes) Tropical Storms (Hurricanes) Extra-tropical storms (Nor easters)

Atlantic Basin Tropical Storm Tracks 1851-2000 Graphic: USGS

Atlantic Basin Tropical Storm Tracks 2012 Graphic: Weather Underground

Quonochontaug Headland Quonochontaug Pond Block Island Sound Ninigret Pond E t B h B i East Beach Barrier after Hurricane Carol in 1954

Misquamicut 2012 Photo: RIDOT October 30, 2012

Hurricane Sandy October 2012 Coastal Erosion from Storms

The Ocean Mist Circa 1950s

The Ocean Mist Matunuck December 9, 2009

Now What? Abandoned Cesspools April 1, 2010

HEIGHT NOW Adapted from: http://tidesandcurrents.noaa.gov/sltrends/ sltrends_station.shtml?stnid=8452660%20newport,%20ri Boothroyd 2011

Higher sea levels = more property p at risk Hurricane Sandy 2012 Graphic courtesy of Jon Boothroyd URI

Rising sea levels will impact shoreline OWTS!

OWTS Site Considerations for Storms Photos: October 30, 2012

Sea Level Rise Influence on Groundwater Problem! Source: USGS http://wh.er.usgs.gov/slr/coastalgroundwater.html

Conventional drainfields are of limited use in high groundwater areas 3.5 ft Source: RIDEM OWTS Rules, June 2011 Minimum Separation Distance to GW = 2-4 ft

OWTS designs to overcome elevated water tables 12 Source: RIDEM Guidelines for the Design and Use of Bottomless Sand Filters November 2001, revised October 2011

Textile filter to BSF installed in Jamestown on a lot adjacent to Narragansett Bay Photo: New England Onsite Wastewater Training Center @ URI

Pressurized Shallow Narrow Drainfield Installed on sloping terrain following the natural contours Photo: New England Onsite Wastewater Training Center @ URI

OWTS designs to overcome elevated water tables 24 Source: RIDEM Guidelines for the Design and Use of Sand Filters and Pressurized Shallow-Narrow Drainfields April 2000, revised June 2011

What to expect in the future Shorelines will continue to erode Higher storm surges due to higher sea levels Storm surge impacts will be felt farther inland Coastal OWTS will be impacted by rising water tables and exposure and flooding during storm events

Where are the CRMC Jurisdictional Areas? Coastal Zone Tidal Waters (to 3 miles offshore) Shoreline Features 200 foot coastal feature contiguous area SAMP Watersheds Freshwater Wetlands in the Vicinity of the Coast Statewide (Inland activities CRMP Section 320)

CRMP Section 140: Setbacks Always measured from the inland edge of a shoreline feature Minimum of 50 feet! Shoreline Change Maps (See CRMC website) 30 or 60 times the erosion rate for that area 25 feet from inland edge of Coastal Buffer Zone

Coastal Shoreline Features Beaches ( 210.1) Barriers and Spits ( 210.2) 2) Coastal Wetlands ( 210.3) Headlands, Bluffs, and Cliffs ( 210.4) Rocky Shores ( 210.5) Manmade Shorelines ( 210.6) Dunes ( 210.7)

Coastal Beaches ( 210.1)

Barriers and Spits ( 210.2) Quonochontaug Pond Block Island Sound Ninigret Pond

Coastal Wetlands ( 210.3) Setbacks are always measured from the most inland edge of the coastal wetland, including any contiguous freshwater wetlands!

Coastal Headlands, Bluffs, and Cliffs ( 210.4)

Coastal Headlands, Bluffs, and Cliffs ( 210.4) Bonnet Shores

Inland edge Coastal Bluff

Rocky Shores ( 210.5)

Manmade Shorelines ( 210.6) Inland edge of shoreline feature = top of revetment Riprap Revetment

Manmade Shorelines ( 210.6) Inland edge of the shoreline feature Seawall

Watch Hill, Westerly, RI

Dunes ( 210.7) Dune Crest Beach

CRMP Section 140: Setbacks Setbacks are required for: Fill, removal or grading activities Residential buildings and garages Excludes associated structures, such as attached decks; ;p porches; tool sheds; fences, etc. New Onsite Wastewater Treatment Systems Flexibility yin setback standard for repair of existing OWTS and replacement of cesspools (pre-existing use) Commercial and other non-water dependent uses

Setbacks: Prohibitions Barriers ( 210.2) 2) and Dunes ( 210.7) Minimum of 50 feet from inland edge of either the beach or the dune Applies to Residential and Commercial construction and new OWTS A Special Exception is required for relief from the A Special Exception is required for relief from the 50 foot setback requirement

CRMP Section 130: Special Exceptions The proposed activity must serve a compelling public purpose which provides benefits to the public as a whole as opposed to individual or private interests* * Only the Council can grant a special exception, provided the project meets the above burden of proof

CRMC Dune Setback Requirements Dune Crest Inland edge of Dune MHW Special Exception 25 50 If the annual erosions rate were 2.1 ft./yr in this area, then the required setback for 63 a single-family home would be: 2.1 ft/yr X 30 = 63 feet (measured from the inland edge of the dune) Determine erosion rate from CRMC shoreline change maps

http://www.crmc.ri.gov/maps

2004 1939 2004 1939

October 2005 Reflective profile Beach erosion causes walkway and foundation collapse Relocation inland Setback buys time

OWTS Repair Guidance in Critical Erosion Areas November 2012 Collapsed foundation Exposed OWTS Erosion 2005

What is a Coastal Buffer Zone? It s a contiguous area of vegetation ti bordering a coastal shoreline feature Buffer zones are designed d to: Slow & spread runoff Filter sediment, nutrients, & pollutants Stabilize the shoreline & prevent erosion Provide food & habitat for wildlife (species diversity) Add visual aesthetics Help moderate flooding impacts

CRMC Water Types Type 1 Conservation Areas Type 2 Low Intensity Uses Type 3 High Intensity Boating Type 4 Multipurpose Waters Type 5 Recreational and Commercial Harbors Type 6 Commercial and Industrial Ports

Coastal Buffer Zone Designations for Residential Development Water Use Category Type 3, 4, 5 & 6 Type 1 & 2 Residential Lot Size Required Buffer (Sq. ft) (ft) <10,000 15... 25 10,000000 20,000000 25... 50 20,001 40,000 50... 75 40,001 60,000 75... 100 60,001 80,000 100... 125 80,001 200,000 125... 150 >200,000 150... 200

CRMP Section 150: Coastal Buffers Boundary of Construction Area Inland Edge of the Coastal feature Buffer Boundary Coastal Feature 50' Vegetated Buffer 75' CRMC Setback Lawn Septic Tank & Field 200' CRMC Jurisdiction

Don t do this to your buffer!

Coastal Buffer Zone Management Guidance www.crmc.ri.gov Coastal Landscapes Program

CRMC Setback and Buffer Summary First, determine the coastal shoreline feature and its inland edge (See CRMP Section 210) Determine whether the shoreline erosion setback is greater than the minimum 50 foot setback (see CRMP Section 140). Are you doing a repair in a critical erosion area? See: OWTS Repair Guidance in Critical Erosion Areas February 2009 Determine the coastal buffer width required by CRMP Section 150 Table 2a If variance is necessary, make sure you meet ALL five variance criteria requirements in CRMP Section 120

Setback and Buffer Example Shoreline feature is a coastal beach backed by low 2 ft. bluff abutting CRMC Type 2 waters 15,000 sq.ft. lot (150 x 100 ) Table 2a Buffer = 50 ft. Final setback is: 50ft. buffer + 25ft. setback = 75 feet Annual erosion rate = 0.36 ft/yr Thus, erosion setback is 30 X 0.36 = 10.8 feet < 50 ft. minimum setback

Photo: RIDOT October 30, 2012 WWW.CRMC.RI.GOV