Use regulations

A. The special flood hazard areas are established as a floodplain overlay district.
- (1) All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with the following:
  - (a) Rhode Island State Building Code (as established under R.I.G.L. § 23-27.3).
  - (b) Coastal Resources Management Act, Rhode Island Coastal Resources Management Council (R.I.G.L. § 46-23).
  - (c) Endangered Species Act, Rhode Island Department of Environmental Management (R.I.G.L. § 20-1-2).
  - (d) Freshwater Wetlands Act, Rhode Island Department of Environmental Management (R.I.G.L. § 2-1-18).
  - (e) Minimum Standards Related to Individual Sewage Disposal Systems, Rhode Island Department of Environmental Management (R.I.G.L. §§ 5-56, 5-56.1, 23-19.15, 23-19.5, 23-24.3, 42-17.1, and 46-13.2)
  - (f) Water Quality Regulations, Rhode Island Department of Environmental Management (R.I.G.L. §§ 42-17.1 and 42-17.6 and 46-12)
- (2) Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
B. Other use regulations
- (1) In Zone AE, along watercourses that have a regulatory floodway designated on the Bristol County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
- (2) All subdivision proposals must be designed to assure that:
  - (a) Such proposals minimize flood damage;
  - (b) All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
  - (c) Adequate drainage is provided to reduce exposure to flood hazards.
- (3) Detached accessory structures in Zone AE (i.e., garages, sheds) do not have to meet the elevation or dry floodproofing requirement if the following standards are met:
  - (a) The structure has a value less than $1,000.
  - (b) The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.
  - (c) The structure is not in the floodway.
  - (d) The structure is not used for storage of hazardous materials.
  - (e) The structure is used solely for parking of vehicles and/or limited storage.
  - (f) The accessory must be wet floodproofed and designed to allow for the automatic entry and exit of floodwater.
  - (g) The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.
  - (h) Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.
  - (i) The structure must not increase the flood levels in the floodway.
- (4) Existing contour intervals of sites and elevations of existing structures must be included on plan proposals.
- (5) No person shall change from business/commercial to residential use of any structure or property located in the floodway of a special flood hazard area so as to result in a use or expansion that could increase the risk to the occupants.
- (6) The space below the lowest floor shall be:
  - (a) Free of obstructions as described in FEMA Technical Bulletin 5, Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Area in Accordance with the National Flood Insurance Program, or
  - (b) Constructed with open wood latticework, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting piles or columns; or
  - (c) Designed with an enclosed area less than 300 square feet that is constructed with nonsupporting breakaway walls that have a design safe loading resistance of not less than 10 or more than 20 pounds per square foot.
C. Floodway data. In Zone AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.