3115.1 The provisions of this section shall apply for all development on a development site located wholly or partially inside the flood hazard area known as the tidal shoreline buffer.

3115.2 A non-residential space below the tidal shoreline flood elevation shall not be converted to a residential use.

3115.3 An applicant for new construction or substantial improvement of structures wholly or partially inside the tidal shoreline buffer shall submit for DOEE's review, in addition to documents required by the other applicable requirements in this chapter:

(a) Evaluations to prove that alternative site locations are not possible;

(b) A comprehensive resilient systems plan that includes a suitability assessment of equipment and systems supporting critical functions of the development and specifies flood mitigation measures that will be taken to protect this equipment and systems, and ensure continuity of operations; and

(c) An evacuation plan that fully explains the way the development will be evacuated before or during a one hundred (100)-year and five hundred (500)-year flood by providing for:

(1) Adequate vehicle access at all times and conditions, and

(2) Alternate escape routes.

SOURCE: Final Rulemaking published at 72 DCR 006821 (June 20, 2025).