REGULATION OF CRITICAL AREAS THROUGH A STATE LAND MANAGEMENT PROGRAM

Rhode Island's State Land Use Policies and Plan proposes that a state land management program be enacted which would establish general state standards for development and more specific standards for critical areas and activities of regional impact. This paper presents in greater detail the concept of critical areas regulation. The subject is introduced in Part One, tracing the trend toward land use controls exercised at the state government level. Part Two identifies possible types of critical areas and activities in Rhode Island. Part Three describes critical areas programs which have been proposed or implemented in national legislation, in the American Law Institute's Model Land Development Code, and in bills of fifteen states. Part Four presents recommendations for critical areas regulation in Rhode Island. The scope of regulation is proposed to encompass resource areas of statewide importance, key facility areas, and developments of statewide impact. The organizational structure to administer the program would consist of a land use commission with public, local government, and state legislative and executive members; a planning staff; and an administrative and enforcement staff. The regulatory procedure would involve designation or definition of critical areas and activities; recommendation of development standards; adoption of standards at the local level; and review of local standards by the state, which would regulate only if local controls were absent or inadequate. For development of statewide impact, an additional notification and review procedure would be followed. Enforcement, appeals, and administrative procedures would also be provided for. If a critical area or activity is already under state control, there would be dual jurisdiction. These recommendations are intended to protect areas of statewide importance, while insuring the development of benefit to the state can occur.

  • Corporate Authors:

    Rhode Island Statewide Planning Program

    265 Melrose Street
    Providence, RI  USA  02907
  • Publication Date: 1975-9

Media Info

  • Pagination: 105 p.

Subject/Index Terms

Filing Info

  • Accession Number: 00150437
  • Record Type: Publication
  • Report/Paper Numbers: Tech. Paper No 57
  • Files: TRIS
  • Created Date: Apr 27 1977 12:00AM