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Practice Of Real EstateState SpecificHARD

Sandra is representing a buyer who wants to purchase a coastal lot in South Kingstown, Rhode Island, and build a new single-family home on it. The lot is located within CRMC's 'Type 1 — Shoreline' designation. Sandra's buyer asks whether he can simply apply for a local building permit from the town and begin construction after closing. Which of the following most accurately describes the regulatory situation the buyer faces?

Correct Answer

A) The buyer must obtain CRMC approval in addition to any local building permits, because CRMC jurisdiction is separate from and operates concurrently with local municipal permitting for coastal properties.

CRMC jurisdiction is a separate, concurrent layer of regulatory authority that operates independently of local municipal permitting. For coastal properties in Rhode Island, particularly those within CRMC-designated shoreline areas such as Type 1 — Shoreline, a property owner must obtain CRMC approval (often in the form of a CRMC assent or permit) before undertaking construction, in addition to obtaining any required local building permits from the municipality. Neither approval substitutes for the other. This dual-layer requirement is a Rhode Island-specific regulatory reality that agents must understand and communicate clearly to buyers of coastal property, as failure to obtain CRMC approval before construction can result in fines, mandatory restoration orders, and significant legal liability.

Answer Options
A
The buyer must obtain CRMC approval in addition to any local building permits, because CRMC jurisdiction is separate from and operates concurrently with local municipal permitting for coastal properties.
B
The buyer only needs a local building permit from South Kingstown, because municipal zoning ordinances supersede CRMC regulations within incorporated town boundaries.
C
The buyer must obtain CRMC approval first, after which local building permits are automatically waived for properties within designated CRMC shoreline areas.
D
The buyer can proceed with local permitting alone, because CRMC jurisdiction applies only to commercial developments and not to single-family residential construction on private lots.

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Related Topics & Key Terms

Key Terms:

crmccoastal_permittingconcurrent_jurisdictionresidential_constructionri_special_topicssouth_kingstown

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