Technical Summary 



reasoned management judgements under scientific uncertainty, and to assist in formulating 

 a long-term research strategy for the Bay. 



Local Authority to Undertake Land Management Initiatives Affecting Non- 

 point Source Pollution 



The Taking Issue 



Rhode Islanders recendy amended the State Constitution to require that the state's 

 "takings" clause be construed in a manner as favorable to the environment and to the police 

 powers of government as the U.S. Constitution permits. Nevertheless, results of 

 this research effort indicate that a prevailing atmosphere of extreme 

 regulatory caution has manifested itself in reluctance to deny or properly 

 condition development permits, and in delay of action on key legislative 

 initiatives affecting local and state authority. 



Further research is needed in order to clearly define the factors which constrain and 

 foster application of strong local controls, and to identify ways in which local initiative is 

 affected, both positively and negatively, by the larger planning, regulatory, and judicial 

 environment. Positive actions and outreach efforts need to be undertaken by 

 state regulatory and planning bodies and by the Rhode Island Attorney 

 General's Office to foster and support strong local water quality protection 

 initiatives, given existing concern regarding restriction of authority. 



Cotifirmation of Expanded Local Authority 



There is a critical need to strengthen the existing local zoning enabling 

 statute to provide towns full authority to address the impacts of land use on 

 the public welfare, and to protect water quality. Towns must have full authority 

 to enact zoning, subdivision and health ordinances and regulations as needed to exercise 

 control over stormwater runoff, earth removal, erosion, landfills, on-site sewage disposal 

 facilities, sewering, marine discharges, water conservation, and other local concerns. 



In order to make a comprehensive determination of local government roles and potential 

 responsibilities in Bay water quality management, an in-depth inventory and 

 analysis of local water-quality related initiatives needs to be completed. The 



analysis should involve a thorough inventory of water quality-related regulations at the 

 local level, should describe funding and staffing levels, coordination mecharusms, and 

 other factors contributing to the strength and weaknesses of local initiatives. 



The inventory should be used as a basis in expanding local management 

 authority, developing professional technical staff, establishing effective 

 application and review criteria, and devising flnancing mechanisms which 

 can support adequate review and enforcement efforts. 



Local Participation in Program Implementation and Enforcement of State 

 Requirements. 



Although constraints are imposed by the lack of comprehensive zoning enabling 

 legislation in Rhode Island, local governments have considerable authority over 

 development, land use, and certain public health issues. Zoning and land and water 



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