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owners must reimburse the city of town for the costs of assembling the EAP within 90 days of EAP completion. RIDEM may also elect to request EAPs from owners of low-hazard dams.
Further dam safety requirements are given in the RIDEM Rules and Regulations for Dam Safety. Under these regulations, owners of high- and significant-hazard dams must obtain a
permit from RIDEM’s Dam Safety Program whenever they perform repairs to their dams. Repairs requiring a permit include removal of trees, excavation on the embankments,
reinforcement of embankments, and removal of any major structural component of a dam RIDEM 2007.
4.2.7 CRMC Permit
New hydropower facilities may require a CRMC Category Assent if they are within 200 ft 61 meters of any coastal feature or if they produce over 40 MW of electricity anywhere
within the state. The CRMC’s Coastal Resource Management Program also known as the “Redbook” explains that since it would be impractical for the CRMC to evaluate every single
proposed activity that comes under its jurisdiction, the CRMC’s policy is to require permits from those proposed p
rojects that would, in the CRMC’s judgment, result in potential conflict with the Redbook or with any Special Area Management Plans SAMPs pertinent to the area where the
activity will take place, or that would result in environmental harm to the coastal zone. A Special Area Management Plan is an ecosystem-based management strategy for preserving and restoring
a geographically bounded ecological system, developed by the CRMC in consultation with municipalities, state agencies, and community organizations.
If CRMC notifies a proposed developer that a Category B Assent is required, the developer must demonstrate that the proposed project: is necessary; complies with all local
zoning ordinances, building codes, flood hazard standards, and all safety codes, fire codes, and environmental requirements; will not result in significant impacts on the abundance and diversity
of plant and animal life; will not result in major changes to water circulation or quality; will not result in significant impacts to areas of historic and archaeological significance; will not result in
significant conflicts with water-dependent uses and activities such as recreational boating, fishing, swimming, navigation, and commerce; and that measures have been taken to minimize
any adverse scenic impact. The CRMC also exercises federal consistency review for any hydropower project in the coastal zone that requires a FERC license pursuant to 15 CFR § 930
Subpart D see Sections 4.1.1 and 4.1.9 herein.
4.2.8 Rhode Island Hydropower Incentives
In recent years, the state of Rhode Island has established a variety of incentives to spur the development of renewable energy in the state. The most significant is the Renewable Energy
Standard, which guarantees a market for renewable energy by requiring electrical distribution companies to purchase a certain percentage of energy from renewable sources each year. Other
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incentives foster distributed generation, net metering, interconnection, and tax incentives. These incentives apply to multiple forms of renewable energy, including hydropower, and are discussed
in detail in Chapter 1, Section 5 of this report. In addition, Rhode Island offers a tax credit to hydroelectric power developers to help
offset the costs of hydropower equipment installation R.I. Gen. Laws § 44-30-20. Small hydroelectric power production facilities defined as facilities with 15,000 kW of installed
capacity constructed on existing dams defined as dams built before May 20, 1981 not requiring construction or enlargement of the impoundment in order to generate hydroelectric energy are
eligible for the credit. The tax credit is calculated according to the installation costs associated with the project. The credit may equal no more than 10 percent of the installation costs
associated with the facility, or 500,000 in expenditures, for a maximum income tax credit of 50,000 dollars.
4.3 Rhode Island Municipal Ordinances S
ECTION
S
UMMARY
Municipalities may establish dam management districts DMDs to manage the services provided by dams and the possible risks posed by dams that no longer
serve a purpose. Two DMDs have been established in Rhode Island: the Boone Lake DMD in Exeter and the Pascoag ReservoirEcho Lake DMD in Burrillville
and Glocester. Hydropower projects proposed within a DMD should consult with these entities.
Rhode Island’s Soil Erosion and Sediment Control law includes a model
ordinance that may be adopted by municipalities to control erosion. South Kingstown, Providence, Cranston and Cumberland have passed soil erosion and
sediment control ordinances. Hydropower construction activities in these locations must comply with the requirements of these ordinances if they are
expected to result in erosion.
4.3.1 Local Dam Management Districts
