290 R.I. Code R. 290-RICR-50-00-1.6

Current through December 26, 2024

Section 290-RICR-50-00-1.6 - Procedures for Application for Permission to Perform Construction, Repair, or Alteration of Scenic Roadways

A. General

1. Scope of Review. These procedures are adopted to preserve designated scenic roadways during construction, repair, or alteration. No construction, repair or alteration shall be performed or permitted to a scenic roadway except in conformance with this procedure. Included within the scope of the Board's review are grade changes, alteration of vegetation, curb cuts and other accesses or entrances leading into the right-of-way of the scenic roadway as well as roadway construction or repair. Projects for construction, repair, or alteration to scenic roadways shall be reviewed by the Board to evaluate whether the proposed project will have an adverse effect upon or alter the scenic resources or characteristics that qualify the roadway to be designated as scenic. The Board will consider all relevant information including the contents of the application itself and the views (if any) of RIDOT, a municipality, or the public regarding the project's impact to the scenic qualities of the roadway.

2. Timing. Any applicant is required to complete these procedures prior to beginning construction, repair, or alteration work to a scenic roadway. Any applicant should ensure that the review process is initiated early in the planning stages of the undertaking, when the widest feasible range of alternatives is open for consideration. The applicant should establish a schedule for completing the advisory process that is consistent with the planning and approval schedule for the undertaking.

B. Identifying Designated Scenic Roadways

1. Consultation. Early in the planning or permitting of a project which may alter a scenic roadway, RIDOT and/or the municipality shall report to the Board any proposed construction, repair, alteration or permitting proposed for a scenic roadway.

2. Designation of Roadway Under Design. If the Board designates a scenic roadway which is already the subject of RIDOT or a municipality's plan for construction, repair or alteration, RIDOT or the municipality shall begin to comply with these procedures from the date of designation. In its review, the Board shall take into account the practicality and feasibility of making changes in the plans or construction done prior to designation.

3. Public comment. With respect to construction, alteration or repair of any scenic roadway, RIDOT or the municipality undertaking the project will include information about the roadway's scenic designation in information provided to the public about the project, invite public comment on the project's impact of the scenic qualities of the roadway, and provide the Board with copies of written comments received and a written summary of oral comments, including the names of those commenting.

C. Determination of Effect upon Scenic Roadways

1. Permits. RIDOT or any municipality issuing permits to any persons or entities, including but not limited to utility companies, for a construction, repair or alteration project on a scenic roadway, or any rights way or easements or vegetation connected to that scenic roadway, shall inform the Board of such application. All such permit requests shall be governed by § 1.6 of this Part.

2. Minor Alterations. In the case of the minor, routine maintenance of a designated scenic roadway, the Chairperson may, at his/her discretion, refer the review of the proposed work to the technical staff for a recommendation. The Chairperson may then choose to approve the work based on the technical staff recommendation and notice will be given to all members of the Board. If the Chairperson finds that the work is not minor, then the Chairperson shall refer the matter to the full Board for review. Maintenance shall be defined as sweeping, crack sealing, striping, replacing signs, resurfacing involving insignificant topographical changes, repair of failed drainage and minor utility repair.

3. Major Alterations. Any applicant with plans to perform construction, repair or alteration to a scenic roadway as defined in § 1.6(A) of this Part shall submit to the Boards at each recognized stage of planning and design (as applicable, Conceptual Design, 10%,30%,75%, 90% and PS &E) all available information concerning the planned project, including all information as to the manner in which the project will affect the scenic roadway and an application in a form prescribed by the Board. In order to obtain final approval to perform construction, repair or alteration on a scenic roadway, said application shall include the following information as required by the Board:

a. Identification of the applicant and any proposed contractors for the proposed construction, alteration or repair;

b. Detailed, 20-scale plans and specifications of the proposed changes to the scenic roadway including drawings and, where appropriate, photographs;

c. The dates of the proposed construction, repair or alteration;

d. A statement as to the measures taken in the proposed project to preserve the scenic character of the roadway;

e. A map demonstrating the locations of the proposed project.

4. Board Review

a. The Board shall promptly review the application to determine if the proposed project will have an Adverse effect on the scenic roadway. The Board shall respond to the application with sixty (60) days of receiving the application and will advise the applicant if more information is needed or if more time is required for the Board's review.

5. Determination of No Adverse Effect.

a. If the Board finds the effect on the scenic roadway not to be adverse, it shall document the finding and notify the applicant and interested persons who have made their concerns known, and the project may proceed. In reaching a finding of no adverse effect, the Board may stipulate changes to the project or conditions which will avoid potential adverse effects.

6. Determination of Adverse Effect. If the Board finds that the project will have an adverse effect on the features or characteristics of the scenic roadway, it shall:

a. Notify the applicant, the Director of RIDOT and/or the chief elected official and the governing body of the municipality in which the roadway is located and other interested persons who have requested in writing that they be notified of any such determination.

b. Consult with the applicant, RIDOT, and/or the municipality in which the roadway is located regarding alternatives which would avoid, minimize, or mitigate the adverse effects of the project and preserve the scenic resources of the roadway. Such alternatives include but are not limited to consideration of a waiver of RIDOT or Federal standards, reduction of the speed limit and design speed, landscape treatments, tree and shrub replacements, stone wall replacements, and use of traffic calming measures, where applicable.

c. The Board may invite other interested parties to participate in the consultation.

7. Agreement on Avoidance or Satisfactory Mitigation of Adverse Effect.

a. After a thorough review of the alternatives, the Board and the applicant, RIDOT and/or the municipality may agree that there is a prudent and feasible alternative that avoids, minimizes or mitigates the adverse effect of the project. If an agreement is approved by the Board, the Chairperson and the applicant, the Director of RIDOT and/or the particular municipality shall sign a Memorandum of Agreement describing such alternative with the measures to eliminate, minimize, or mitigate the adverse effect, and the project may proceed. The applicant may withdraw a project which is objectionable to the Board for modification and resubmission.

8. Acceptance of Adverse Effect.

a. After a thorough review of the alternatives, the Board with the advice of the Director of RIDOT and/or the particular municipality may determine that in the interest of public safety there are no prudent or feasible alternatives to avoid, minimize, or mitigate the adverse effect. Upon such decision, the Board may either prepare a written report of Acceptance of the Adverse Effect, permitting the project to proceed, or the Board may accept an application from the Director of RIDOT or the municipality for withdrawal or reduction of the limits of the scenic designation as outlined in § 1.5(G) of this Part.

9. Failure to Agree.

a. After a thorough review of the alternatives, if the Board decides to withhold its approval, it will notify the applicant, RIDOT, and/or the municipality in writing and the project shall not proceed.

10. Appeal by Applicant.

a. Within twenty (20) days of receipt from the Board of a decision to withhold approval of the project, the applicant, RIDOT and/or the municipality may request in writing a full evidentiary hearing before the Board in accordance with R.I. Gen. Laws § 42-35-9. The project shall not proceed until the hearing is completed, and a decision and order are rendered. No further administrative review of this determination is available.

11. Judicial Review.

a. Upon receipt of a written adverse effect decision and final order of the Board, the applicant may obtain judicial review in accordance with R.I. Gen. Laws § 42-35-15.

12. Fulfillment of the Terms of a Memorandum of Agreement.

a. When a Memorandum of Agreement exists, the applicant shall carry out the undertaking in accordance with the terms. Failure to carry out the terms requires the applicant to resubmit the project to the Board for comment in accordance with § 1.6 of this Part.

D. Miscellaneous

1. Public Request to the Board. Any person may request the Board to determine whether a project falls within the scope of this Board's jurisdiction and is subject to review in accordance with these Rules. Communications from the public will be reported to the full Board at its next meeting.

2. Determination of Jurisdiction. Upon receipt of a public request, the Board shall advise the person making the request and the party performing the activities which fall within the jurisdiction of the Board of their finding. An inquiry to the Board does not suspend action on an undertaking. If the Board finds that the activity or project is subject to review, the Board shall immediately notify the party performing the activities to stop any actions which would preclude the Board's opportunity to complete its review and require that party to make application to the Board in accordance with § 1.6 of this Part.

290 R.I. Code R. 290-RICR-50-00-1.6