250-RICR-100-00-4
250-RICR-100-00-4. Rules and Regulations for the Development and Operation of Beavertail State Park, Jamestown, Rhode Island (version Amendment, 11/20/2017 to 01/04/2022)
4.1 Purpose
It is the intention of the
Rhode Island Department of Environmental Management ("DEM")
to obtain 170 acres of federal surplus land on the Beavertail area of
Jamestown, Rhode Island. The Department has worked with the Town of
Jamestown ("Town") toward creation of a Beavertail State
Park which would be made up of the surplus land and 26 additional
acres now owned or controlled by the Town. In moving toward creation
of the park the Department and the Town have analyzed the
characteristics of the land in question and have drawn plans for a
park which will meet the needs of users while preserving the fragile
ecological, scenic and historical characteristics of Beavertail.
This plan is explained and described in the attached documents, known
as the Beavertail Descriptive Plan, which is attached hereto in §
4.4 of this Part. The Beavertail Descriptive Plan portrays the size
of the Park, and describes the manner in which it is to be developed.
In addition, please see the associated guidance document entitled,
"Parks and Recreation Guidance Document for the Development and
Operation of Beavertail State Park, Jamestown, Rhode Island,"
which includes an analysis of the physical and biological
characteristics of the Beavertail Peninsula.
4.2 Authority
The attached Rules and
Regulations for the Development and Operation of Beavertail State
Park, Jamestown, Rhode Island, are authorized pursuant to R.I. Gen.
Laws § 32-2-4 and Chapter 42-35.
4.3 Policy and Regulations
A. Based on the foregoing, the
Department of Environmental Management adopts the following
regulations which shall govern the development and operation of
Beavertail State Park:
1. Except as specifically
provided for the attached Beavertail Descriptive Plan, roads and
bikeways at the Park shall be constructed only on roadways existing
at the time of the State's acquisition of the land.
2. Vehicular traffic,
including bicycles, shall be restricted to the roads, bikeways, and
parking lots. Parking shall only be allowed on paved or graveled
areas specifically denoted as parking areas.
3. To the maximum extent
possible, pedestrian traffic will be limited to the pedestrian
pathways provided for in the Plan.
4. The total parking capacity
shall be limited to 150 cars, dispersed among five separated parking
areas of 30 cars capacity each.
5. Vehicular traffic is to be
managed in such a way as to discourage or eliminate traffic from
Beavertail Point, in the vicinity of the existing light house.
6. No restrooms shall be
constructed except on soils marked as Newport Series, and only then
when appropriate percolation tests show suitability of the soil for
sewage disposal systems.
7. Management of the Park
shall be conducted in such a manner as to encourage dispersion of
visitors around the park, rather than their concentration in any
particular locality.
8. No development of any sort
whatsoever shall be allowed in the large open spaces provided for and
depicted in § 4.4 of this Part. These acres shall be preserved for
natural plant succession and wildlife habitat.
9. There shall be allowed at
no time overnight camping within Beavertail State Park.
10. The overriding principle
of the Park's development, operation and management shall at all
times be the restoration and preservation of the natural features of
Beavertail Peninsula.
11. An Advisory Committee
shall be constituted as follows:
a. The Advisory Committee
shall comprise five (5) members.
b. Three of its members shall
be selected and appointed by the governing body of the Town of
Jamestown, by whatever process that body sees fit.
c. One of its members shall be
chosen by the Director of the Department of Environmental Management,
or its successor agency, if any.
d. The fifth member shall be
mutually chosen by the Town and DEM, shall be a citizen of Rhode
Island not a resident, permanent or seasonal, of Jamestown, and shall
be knowledgeable in matters of environmental protection and
preservation.
12. The Director of DEM shall
consult with the Advisory Committee not less frequently than twice
annually regarding the operating of Beavertail State Park, and in any
event shall consult with the Advisory Committee before making any
policy or development decisions with respect to such Park.
13. The Director of DEM shall
consult with the Advisory Committee prior to seeking to amend,
through the procedures provided in the Administrative Procedures Act,
R.I. Gen. Laws Chapter 42-35, any part of these regulations.
14. The development,
operation, and management of Beavertail State Park shall at all times
strictly comply with these Regulations, and § 4.4 of this Part
attached hereto.
4.4 Map