NAP- Neighborhood Alliance of Pawtucket

RI Rivers Council and RI Land and Water Summit

 DEM Guide to Outdoor Recreation
http://www.dem.ri.gov/maps/index.htm




For more information on the RI Rivers Council and watershed organizations in RI, see the Rivers Council web page: http://www.ririvers.org

May through October – WATERSHED WATCH - The University of Rhode Island Watershed Watch Program (URIWW) is a statewide volunteer monitoring program. It focuses on providing current information on the water quality of surface water resources throughout Rhode Island, including lakes, ponds, reservoirs, rivers, streams and the marine environment. Monitoring occurs from May through October.

The heart of the program consists of weekly measurements taken by numerous trained volunteer monitors. The program emphasizes watershed scale monitoring because the water quality of a given body of water is a reflection of the activities in the lands and waters that surround it and lie upstream.

The program is intended to encourage communities and shoreline residents to understand the need to cooperatively manage and improve the water quality of all the water bodies within a watershed. In this way we can ensure that Rhode Island's bays, estuaries, and freshwater resources remain one of the state's great assets.

For more information or to volunteer, contact Linda Green, Program Director, (401)874-2905, lgreen@uri.edu or Elizabeth Herron, Program Coordinator, (401) 874-4552, emh@uri.edu.


web: http://www.ririvers.org

Watershed Friends-

Planning will begin shortly for the 2010 Land and Water Conservation Summit (http://www.landandwaterpartnership.org/summit.htm) and I am writing to give you an opportunity to suggest topics or workshops that are particularly timely.

 

The Summit is organized by the RI Land Trust Council (Rupert Friday, Director), Rhode Island Association of Conservation Commissions (Don Gagnon will be helping with Summit organization) and the Narragansett Bay Estuary Program (Lesley Lambert and I work on the Summit) and it is designed to provide grassroots conservation organizations with information and tools that can immediately be put to use to improve conservation and strengthen their organizations.

 

Please send me a note or give me a call if you have recommendations for priority topics or specific presentations that you would like us to consider for the 2010 Land & Water Summit.

 

Thanks!

Meg

 

__________________________________________
Meg Kerr
Narragansett Bay Estuary Program
Box 27, URI Bay Campus
Narragansett, RI 02882
(401) 874-6525 office
(401) 714-2313 cell
(web site: nbep.org)
Land and Water Partnership
(web site: landandwaterpartnership.org)
RI Blueways Alliance
(web site: ExploreRI.org)

RI River Council Changed Rules from July 8th, 2005 and 2006

2006 Summary of Changes to the Rivers Council Statute RIGL 46-28





46-28-4. Establishment of council -- Purpose. –



Defines the Rivers Council as “within the executive department as an associated function, as defined in section 46-28-10, of the water resources board, established pursuant to chapters 15 and 15.1 of this title”



Adds the RI Bays, Rivers and Watersheds Coordination Team to the list of organizations and agencies that the Rivers Council works with (the water resources board, the coastal resources management council, the department of environmental management, the department of health, the statewide planning program of the department of administration, and the economic development corporation, municipal governments, private organizations and persons)



46-28-5. Council created -- Appointment of members.



All of the public members are now appointed by the governor. Seven of the seats have qualifications associated with them:



Nine (9) public members shall be appointed by the governor with the advice and consent of the senate.

three (3) of whom shall be people who have experience with relevant not-for-profit groups such as local land trusts or conservation commissions,
two (2) of whom shall have experience in environmental law, environmental science or planning,
and one of whom shall have experience in communication, public outreach or education;


State Agencies – only 2 are now voting (DEM, DOA). The rest (WRB, EDC, CRMC, League of Cities and Towns) are nonvoting, ex-officio.



one member shall be the general manager of the water resources board or his or her designee who shall be a subordinate within the water resources board who shall serve as a nonvoting ex officio member;


one member shall be the director of the department of environmental management or his or her designee who shall be a subordinate within the department of environmental management;


one member shall be the executive director of coastal resources management council or his or her designee who shall be a subordinate within the coastal resources management council who shall serve as a nonvoting ex officio member;


one member shall be the director of the department of administration or his or her designee who shall be a subordinate within the department of administration;


one member shall be the executive director of the economic development corporation or his or her designee who shall be a subordinate within the economic development corporation who shall serve as a nonvoting ex officio member;


and one member shall be the president of the Rhode Island league of cities and towns or his or her designee who shall serve as a nonvoting ex officio member.




The statute states that all appointed members will serve until the end of their term and until a successor is appointed and qualified. Members can succeed themselves and serve without compensation. If the appointing authority has changed, the seat will be filled at the end of the term by the new appointing authority (the governor).



46-28-6. Officers of the council and quorum



Chair and vice-chair are to be elected at the passage of the act and thereafter in February. The council may elect from its members any other officers that it deems necessary. Six (6) voting members defines a quorum and a majority vote is needed for action.



46-28-7. Powers and duties.



The revised statute added the following powers and duties to the Council



(12) To apply for and accept grants, donations, loans of funds, and contributions of money, services, materials or otherwise from any federal, state or local agency, from any public or private foundation, or individual or from any other source, in order to carry out the purposes of this chapter; and



(13) To conduct a training course for newly appointed and qualified members of the council and new designees of ex officio members within six (6) months of their qualification or designation. The course shall be developed by the chair of the council, approved by the council and conducted by the chair of the council. The council may approve the use of any council or staff members or other individuals to assist with training. The course shall include instruction in the following areas: the provisions of chapters 46-28, 42-46, 36-14 and 38-2; and the council's operating procedures, rules and regulations. The director of the department of administration shall, within ninety (90) days of the effective date of this act, prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14 and 38-2.



46-28-9. Annual council report and special reports.



Within ninety (90) days after the end of each fiscal year, the council shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state of its activities during that fiscal year. The report shall provide: an operating statement summarizing meetings or hearings held, including meeting minutes, subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted, policies and plans developed, approved, or modified, and programs administered or initiated; a summary of the activities of each designated local watershed; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions or other legal matters related to the authority of the council; a summary of any training courses held pursuant to subsection 46-28-7(13); a briefing on anticipated activities in the upcoming fiscal year; findings and recommendations for improvements; and a summary of progress made by the council in the implementation of the system-level plan as described in section 46-31-5. The report shall be posted electronically as prescribed in section 42-20-8.2. The director of the department of administration shall be responsible for the enforcement of this provision.




..................
Rule 1: Grant Funding for Watershed Councils/Associations
R.I.G.L. Section 46-28-7(7) authorizes the Council to provide grants to local watershed councils/associations.

1.1 Eligibility
Only those Watershed Councils/Associations formally designated by the Council are eligible for grants from the Council.

1.2 Allocation of Available Funds
Upon determining the level of funding available, the Council may:
1.2.1 Set a maximum per project funding limit.
1.2.2 Establish a maximum number of submissions per applicant for funding proposals.
1.2.3 Establish funding categories and funding allocation for each category.

1.3 Solicitation of Grant Applicants
In the event that funds are available, the Council shall solicit and accept grant applications.

1.4 Grant Application Form
The Council shall develop and adopt a grant application form that shall qualify an applicant for consideration of receiving a grant. Application forms shall be distributed to organizations upon request.

1.5 Grant Application Acceptability
Applications found to be complete will be referred to the Council for evaluation. Applications found to be incomplete will be returned to the applicant with a statement as to the deficiencies noted and a notice that the applicant can correct these and resubmit the application.

1.6 Grant Review
Applications will be reviewed by the Council or by a designated committee of the Council. Final grant approval will be decided by a majority vote of a quorum of the Council. Applicants will be notified in writing of the Council’s decision.

1.7 Eligible Expenses
Eligible expenses include: preparation/update of watershed action plans, implementation of watershed action plans, capacity building, and administrative expenses that leverage other resources. A description of how administrative expenses will leverage other resources must be explained in the grant proposal.

1.8 Evaluation Criteria
The Rivers Council shall, in advance of soliciting grants, establish criteria by which the grant applications shall be evaluated and notify eligible watershed councils/associations of such criteria.

RULE 2. Notice of Proposed Actions to Watershed Councils

2.1 Purpose
This Rule implements Section 42-28-8 of the General Laws of Rhode Island, as amended. The statute states that recognized watershed councils "shall receive notice, pursuant to rules adopted by the [Rhode Island Rivers] council from state and city or town agencies regarding proposed actions pertaining to projects, developments and activities located wholly or partially within the watershed represented by the local watershed council."

2.2 Scope
Procedures are established whereby recognized watershed councils may notify responsible agencies to give notice of proposed actions of interest. The proposed actions covered by this Rule are specified.

2.3 Intent
To facilitate evaluation and comment by recognized watershed councils on proposed actions of interest at the earliest reasonable time, so that any resulting comments may be taken into account by the responsible agency.

2.4 Procedure
A recognized watershed council must take the following actions in order to receive notice of any proposed action by any agency under Section 42-28-8 of the General Laws.

2.4.1 The watershed council must file an official notice with the designated party or office including the following information:

A: The full name of the watershed council and its date of recognition by the Rhode Island Rivers Council under Section 46-28-8 of the General Laws.

B: The contact person or office of the watershed council, its mailing address, its telephone number, and its e-mail address (if any).

C: A map of the watershed council's area of jurisdiction. This must be of sufficient scale and detail to permit the recipient agency to determine whether any proposed action is within the watershed council’s area of jurisdiction. Maps must be of sufficient scale and detail to permit the recipient agency to determine whether any proposed action is within that watershed. Delineating the watershed boundary on Assessor’s Plat and Lot Maps is the most effective way. Watershed Councils are encouraged to meet with local planners, municipal clerks, and other officials as appropriate to discuss watershed mapping before filing the official notice.

2.4.2 This rule does not preclude a watershed council from participating or commenting on any proposed action of which it is aware.

2.4.3 Watershed Councils are encouraged to establish cooperative working relationships with the agencies that give notice. This will improve both the quality and consistency of notices and the effectiveness of the Watershed Council's response. In selecting actions to be noticed councils must use their limited resources effectively and avoid paperwork overloads.

2.4.4 The type of notice shall be established by the applicable state or local regulations. Where the provisions of notice are not specified, notice can be given electronically. When possible, watershed councils are encouraged to accept electronic notice.

2.5 Proposed actions subject to this Rule
Each recognized watershed council must select the proposed actions that it wants to review. Those eligible for selection are as follows:

2.5.1 City and town government

2.5.1.1: Comprehensive plans: adoption and amendment.

2.5.1.2: Zoning ordinances and maps: adoption and amendment.

2.5.1.3: Comprehensive permits: adoption and amendment of ordinances or regulations on comprehensive permits.

2.5.1.4: Planning Board or Commission actions: adoption, amendment, or repeal of land development and subdivision regulations.

2.5.1.5: Subdivision or re-subdivision of land and land development projects: public information meetings of master plan stage and preliminary stage public hearings.

2.5.1.6: Planning Boards and Commissions and (where appropriate) Zoning Boards of Review: Comprehensive permit applications received or public hearings scheduled on comprehensive permit applications.

2.5.1.7: Zoning Boards of Review: special use permits and use variances.

2.5.1.8: City and Town Councils: submission of projects requested for inclusion in the Transportation Improvement Program.

2.5.1.9: Public works departments or sewer authorities: plans to construct new or extended sewer mains (not including lateral sewers).

2.5.1.10: Draft Phase II storm water management program plans (SWMPPs) and annual reports on said plans.


2.5.2 Department of Environmental Management

2.5.2.1: Applications for freshwater wetland permits involving a significant alteration of wetlands.

2.5.2.2: Draft RIPDES permit actions for which the RIPDES Regulations require notice.

2.5.2.3: Applications for individual sewage disposal systems (ISDS) designed to handle 5,000 gallons per day or more of wastewater and applications for ISDS variance(s) for a new use or expanded use exceeding 25% of original ISDS capacity where such notice is required by the ISDS rules.

2.5.2.4: Issued notices of violation and compliance orders which impact on rivers, lakes, ponds, and estuaries.

2.5.2.5: New regulations or amendments to existing regulations that would impact on rivers, lakes, ponds, and estuaries.

2.5.2.6: Applications for Water Quality Certification where a notice is required by the Water Quality Regulations.

2.5.2.7: Brownfields: Before the finalization of any Settlement Agreement, the DEM shall provide an opportunity for comment for a period of fourteen (14) days after the date of the notice of the proposed agreement and when site investigations have been deemed complete by DEM through issuance of a Program Letter which indicates that the nature and extent of contamination at a Property has been adequately assessed.

2.5.3 Coastal Resources Management Council

2.5.3.1: Adoption or amendment of the Coastal Zone Regulations (the "red book").

2.5.3.2: Adoption or amendment of Special Area Management Plans.

2.5.3.3: Applications for coastal alteration assents requiring notice and hearing.

2.5.4 RI Water Resources Board

2.5.4.1: Water supply system proposals for new water sources (surface or ground water) and extension of water transmission lines subject to approval by the Board.

2.5.5 Statewide Planning Program

2.5.5.1: Receipt of proposed federal actions subject to review under the Intergovernmental Cooperation Act and the Rhode Island Intergovernmental Review Process.

2.5.5.2: Army Corps of Engineers notices of proposed permit actions.

2.5.5.3: Draft environmental impact statements or assessments.

2.5.5.4: Advisory reports to the Energy Facility Siting Board.

2.5.5.5: Review of project proposals by the Rhode Island Economic Development Corporation.

2.5.6 State Comprehensive Plan Appeals Board

2.5.6.1: Notice of appeal of action by the Director of Administration to approve or disapprove a comprehensive plan or amendment of a plan.

2.6 Thresholds
A recognized watershed council may further define the actions to be noticed by setting thresholds limiting their scope. For example, a council may determine that only subdivisions creating more than a stated number of lots are of interest to that council. However, watershed councils may not add items not listed in this rule unless the municipality or state agency concerned agrees.

CERTIFICATION

I certify that this rule was adopted by the Rhode Island Rivers Council, acting in accordance with Chapter 46-28 of the General Laws of Rhode Island; the Administrative Procedures Act, on _____________.

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