§ 410-19
Use regulations
[Amended 5-21-2026 by Ch. No. 3330]
- A. Compliance with existing regulations.
- (1) The special flood hazard areas are established as a floodplain overlay district. 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 pursuant to Rhode Island State Building Code, Appendix G, Section G105, Variances.
- (1) The special flood hazard areas are established as a floodplain overlay district. 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:
- B. Development standards:
- (1) Encroachment in A1-30, and AE Zones. In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Providence 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) The filling or excavation of land may be permitted only under the following conditions:
- (a) Said action will not encroach upon a watercourse.
- (b) Said action will not result in an increase in the potential flood level. Where it is determined that said action may result in an increase in the potential flood level, the building official shall require appropriate measures to offset the potential increase. Adequate drainage shall be provided so as to reduce the exposure of the site or any other land to flood hazard.
- (3) No outdoor storage of materials or equipment which is likely to cause damage to property, create a potential obstruction to floodwaters, create a potential fire hazard or pollute the waters during flood periods shall be permitted in any special flood hazard area. Such materials or equipment shall include but not necessarily be limited to; lumber and other buoyant materials, water-soluble materials, volatile or flammable materials, acids or poisons.
- (4) Provision shall be made for anchoring facilities, equipment or yard features which are capable of movement or flotation in floodwaters. Such items shall include but shall not necessarily be limited to: fences, sheds, animal shelters, tanks, storage boxes, planters, vehicles, boats and other items normally positioned or stored on a site outside of a structure.
- (5) Construction methods and practices should be used that minimize flood damage.
- (6) Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities designed and/or located to prevent water entry to accumulation.
- (7) Onsite waste disposal systems are to be designed to avoid impairment or contamination of the floodway.
- (8) New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration.
- (9) Base flood elevation and floodway data.
- (a) Floodway data in Zones without an Established Regulatory Floodway. In Zones A, A1-30, and 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.
- (b) Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.
- (c) Base flood elevations in A Zones. In the absence of FEMA BFE data and floodway data, the best available federal, state, local, or other BFE or floodway data shall be used as the basis for elevating residential and nonresidential structures to or above the base flood level and for floodproofing nonresidential structures to or above the base flood level.
- (d) Flood elevation in coastal high hazard areas. When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones A1-30 and/or AE on the community's FIRM and, if appropriate, has designated AH Zones, AO Zones, A99 Zones, and A Zones on the community's FIRM, and has identified on the community's FIRM coastal high hazard areas by designating Zones V1-30, VE, and/or V, the community shall: obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement.
- (10) Existing contour intervals of site and elevations of existing structures must be included on plan proposal.
- (11) 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.
- C. Subdivision proposals in the special flood hazard area.
- (1) 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.
- (1) All subdivision proposals must be designed to assure that:
- D. Specific standards.
- (1) Drainage in AH and AO Zones. Within Zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
- (2) Residential structures in the AO Zones. Within Zones AO on the FIRM, new and substantially improved residential structures shall have the top of the lowest floor at least as high as the FIRM's depth number above the highest adjacent grade and nonresidential structures shall be elevated or floodproofed above the highest adjacent grade to at least as high as the depth number on the FIRM. On FIRMs without a depth number for the AO Zone, structures shall be elevated or floodproofed to at least two feet above the highest adjacent grade.
- (3) Residential structures in the A, A1-30, AE, and AH Zones. Require that all new construction and substantial improvements of residential structures within Zones A1-30, AE, and AH Zones on the community's FIRM have the lowest floor (including basement) elevated to or above the base flood level, unless the community is granted an exception by the Federal Insurance Administrator for the allowance of basements; and
- (a) Have fully enclosed areas below the lowest floor used solely for parking of vehicles, building access or storage in an area other than a basement and which is subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing the entry and exit of floodwaters.
- (4) Non-residential structures in the A, A1-30, AE, and AH Zones. Require that all new construction and substantial improvements of non-residential structures within Zones A1-30, AE, and AH Zones on the community's FIRM:
- (a) Have the lowest floor (including basement) elevated to or above the base flood level and have fully enclosed areas below the lowest floor used solely for parking of vehicles, building access or storage in an area other than a basement and which is subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing the entry and exit of floodwaters; or
- (b) Together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy:
- [1] A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice.
- (5) Detached accessory structures in Zones A, AE, A1-30, AO, and AH (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.
- (6) Manufactured (mobile) homes and recreational vehicles (RVs).
- (a) In all special flood hazard areas (SFHA), any manufactured (mobile) homes to be newly placed, substantially improved or repaired as a result of substantial damage shall be elevated so that the bottom of the lowest floor is at or above the base flood elevation (BFE). This includes SFHAs outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park which a manufactured home has incurred substantial damage as a result of a flood.
- (b) In a new manufactured home park or subdivision, all manufactured (mobile) homes within a SFHA shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored so that it will resist flotation, lateral movement and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.
- (c) All manufactured (mobile) homes within a SFHA shall be installed using methods and practices which minimize flood damage. Adequate access and drainage should be provided. Elevation construction standards include piling foundations placed no more than 10 feet apart, and reinforcement is provided for piers more than six feet above ground level.
- (d) Recreational vehicles placed on sites within a SFHA shall either:
- [1] Be on the site for fewer than 180 consecutive days; and
- [2] Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
- [3] Be elevated and anchored. Public utilities and facilities in manufactured (mobile) homes or subdivisions with a SFHA shall be constructed so as to minimize flood damage.
- (7) Additional construction standards in coastal V Zones.
- (a) Residential and nonresidential construction. In V1-30, VE, and V Zones, the elevation of the bottom of the lowest horizontal structural member of the lowest floor of all new and substantially improved structures shall be obtained and maintained. Further, all new construction, substantial improvements:
- [1] Shall be elevated and secured to anchored pilings or columns so that the bottom of the lowest horizontal structural member is at or above the base flood elevations (BFE).
- [2] Shall be certified by a registered professional engineer/architect that the design and methods of construction meet elevation and anchoring requirements.
- [3] Shall have space below the lowest floor either free of obstruction or constructed with breakaway walls. Any enclosed space shall be used solely of building, building access, or storage.
- [4] Shall not utilize fill for structural support.
- (b) In V1-30, VE, and V Zones, require that all new construction on the community's FIRM is located landward of the reach of mean high tide.
- (a) Residential and nonresidential construction. In V1-30, VE, and V Zones, the elevation of the bottom of the lowest horizontal structural member of the lowest floor of all new and substantially improved structures shall be obtained and maintained. Further, all new construction, substantial improvements:
- (8) Fully enclosed areas below the base flood elevation of elevated buildings. All new construction, substantial improvements, or repair of substantial damage to residential or nonresidential structures that include fully enclosed areas formed by a foundation and other exterior walls below the base flood elevation (BFE) of an elevated building shall be designed to preclude finished living space and be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls (wet floodproofing). Designs for complying with this requirement must either be certified by a Rhode Island registered professional engineer or architect, or meet the following minimum criteria listed in Subsection D(8)(a) through (g) below.
- (a) Provide a minimum of two openings (hydraulic flood vents) having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding. These hydraulic openings must be located on at least two different walls. Only the area (square footage) that lies below the BFE can be used in the calculation of net area of vents required;
- (b) The bottom of all openings shall be no higher than one foot above grade. At least one side of the structure's fully enclosed area must be at or above grade. Fill placed around the foundation walls must be graded so that the elevation inside the enclosed area is equal to or higher than the adjacent outside elevation on at least one side of the building. The foundation slab of a residential structure, including the slab of a crawlspace, must be set equal to the outside finished grade on at least one side of the building;
- (c) The openings may be equipped with screens, louvers, valves or other coverings or devices, provided they permit the automatic entry and exit of floodwaters in both directions without any external influence or control such as human intervention, including the use of electrical and other nonautomatic mechanical means. Other coverings may be designed and certified by an engineer or approved by the building official; or
- (d) The area cannot be used as finished living space. Use of the enclosed area shall be the minimum necessary and shall only be used for the parking of vehicles, building access or limited storage. Access to the enclosed area shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The enclosed area shall not be used for human habitation or partitioned into separate rooms:
- (e) All interior walls, floor, and ceiling materials located below the BFE shall be unfinished and resistant to flood damage;
- (f) Electrical, plumbing, machinery or other utility equipment that services the structure (furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation, washers, dryers, electrical junction boxes, circuit breaker boxes and food freezers) are prohibited in the fully enclosed area below the BFE. Utilities or service equipment located in this enclosed area, even if elevated above the BFE in the space, will subject the structure to increased flood insurance rates;
- (g) The space below the lowest floor:
- [1] Free of obstructions as described in FEMA Technical Bulletin 5, "Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Areas in Accordance with the National Flood Insurance Program"; or
- [2] 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 foundation system; or
- [3] 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.