Rhode Island Code of Regulations
Title 650 - Coastal Resources Management Council
Chapter 20 - Coastal Management Program
Subchapter 00 - N/A
Part 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast
Section 650-RICR-20-00-2.11 - Other Application Types (formerly Section 11.00)
Universal Citation: 650 RI Code of Rules 20 00 2.11
Current through September 18, 2024
A. Application for emergency alterations (formerly §11.01)
1. An emergency alteration is one that is
required to protect the public from imminent harm to its health or safety; and
is authorized by the CRMC. Oral approval of an emergency alteration, other than
those alterations specified in §
2.6 of this Part, may be
granted by the CRMC consistent with the requirements set forth below.
Applicants who are not considered an appropriate official of a town, city,
state or federal agency or public utility responsible for correcting problems
which arise on an emergency basis and pose an imminent threat to the public
health and safety should contact the CRMC for consideration of individual
emergency situations.
a. An oral or written
request for permission to proceed with an emergency alteration must be made to
the CRMC, by the owner of the property or easement where the emergency
alteration is proposed or by an appropriate official of a town, city, state or
federal agency or public utility responsible for correcting problems which
arise on an emergency basis and pose an imminent threat to the public health
and safety;
b. The request must
inform the CRMC of at least the following:
(1)
An explanation of the problem necessitating an emergency alteration;
(2) The reason why the problem represents an
imminent threat to health and safety;
(3) The location of the area in which
corrective activity is required;
(4) The proposed actions necessary to correct
the problems;
(5) The person
responsible for overseeing the activity, including immediate means of contact;
and
(6) The means proposed to
restore the wetland area following the emergency alteration, as
appropriate.
c. Any
emergency alteration undertaken shall not result in a permanent alteration of
any wetland, except as allowed for dam safety as approved by the DEM in
accordance with the DEM's Rules and Regulations for Dam Safety, 250-RICR-
130-05-1. The applicant must, in so far as possible, restore the wetland area
to prevent or minimize any permanent alteration. Such restoration must be
undertaken in accordance with requirements provided by the CRMC;
d. Alteration of wetlands shall not exceed
work beyond that necessary to abate the emergency;
e. Unless otherwise informed by the CRMC
following its inspection of the site, the applicant must submit an as-built
site plan or a plan of restoration to the CRMC no later than forty-five (45)
days following the action necessary to correct the emergency problem. The site
plan must illustrate the emergency activity undertaken, the wetlands affected,
any alteration which resulted from the activity, and all restoration activities
undertaken, or which are still required. The required site plan must comply
with §
2.7(C) of
this Part;
f. The time limitation
for performance of an emergency alteration shall not exceed ten (10) days
following initial approval by the CRMC unless written approval for an extension
is obtained from the CRMC; and
g.
Following submission of the as-built site plan required in §
2.11(A)(1)(e)
of this Part above, the applicant is required to comply with any additional
activities necessary to prevent any permanent alteration or to finalize wetland
restoration as detailed in writing by the CRMC.
B. Permit extensions (formerly §11.02)
1. Permits may be extended by the CRMC upon
written request by the Permittee subject to the provisions specified in Part
10-00-1.5.12 of this Title (CRMC Management Procedures).
C. Application for permit modification (formerly §11.03)
1. Prior to the
expiration of a valid permit, a Permittee may apply to the CRMC requesting
approval to incorporate minor modification(s) to the originally permitted
project. Such modification(s) in all cases may not increase the limits of
wetland disturbance previously permitted unless such increases occur in
existing paved, lawn, or otherwise developed areas, or increase the anticipated
impacts from that previously permitted by the CRMC. Any modifications must be
minor in nature in relation to the originally permitted project.
2. The application shall be made on a form
prescribed by the CRMC and must be completed and submitted with revised plans
for the CRMC's review including the appropriate fee. The revised plans
submitted with the application shall clearly depict the proposed modification
and shall comply with all requirements stipulated in the original application
and with these Rules. (See site plan requirements in §
2.7(C) of
this Part.).
3. In addition to
revised plans and appropriate fee, the Permittee must submit a written
narrative and any additional data which describes and details the minor changes
or modification proposed and the reasons for the modification.
4. An Application for Permit Modification
will not be approved if, in the opinion of the CRMC, the modification(s): are
not minor in nature in relation to the originally permitted project; involve
increases of wetland disturbance into vegetated areas not previously evaluated
by the CRMC; or increase the anticipated impacts from that previously permitted
by the CRMC.
5. Following receipt
of an application for permit modification, the CRMC may:
a. Issue a revised permit for the modified
project; or
b. Inform the applicant
that the modifications requested require a new application.
6. The filing of this application
shall not stay or modify any time limitation or condition of the
permit.
D. Application for permit transfer (formerly §11.04)
1.
Any valid permit issued by the CRMC that has been recorded in the land evidence
records of the municipality or municipalities in which the property subject to
the permit is located is automatically transferred upon the sale of the
property to the new owner.
2. A new
owner may complete and submit an application for permit transfer to receive a
permit in the new owner's name provided that the following information is
submitted:
a. A certified copy of the deed of
transfer of the property subject to the permit;
b. A notarized statement signed by the new
owner or authorized individual as required stating that he or she has reviewed
the approved plan, the permit letter, and agrees to abide by the conditions of
the permit, including the time limits; and
c. A completed application form (§
2.7(A) of
this Part) and the application fee (§
2.7(K) of
this Part).
3. The
filing of this application shall not stay or modify any time limitation or
condition of the permit.
E. Applications relating to farmers (formerly §11.05)
1. Applications relating to
wetland alterations by farmers, except in accordance with §
2.11(E)(5)
of this part below, must be submitted by the farmer directly to the DEM's
Division of Agriculture and Resource Marketing. The Division of Agriculture and
Resource Marketing requires documentation that the activity undertaken is in
accordance with the definitions set forth in R.I. Gen. Laws §§
2-1-22(i) and
(ii).
2. Applications shall be in writing and on a
form prescribed by the Division of Agriculture and Resource
Marketing.
3. The farmer shall
include appropriate plans and drawings to a scale of not less than one inch to
one hundred feet (1" = 100') with the application. The Division of Agriculture
and Resources Marketing requires that submitted plans, designs and drawings are
in accordance with standards set by the United States Department of
Agriculture, Natural Resources Conservation Service or these Rules.
4. The Division of Agriculture and Resource
Marketing shall review such applications in conformance with R.I. Gen. Laws
§
2-1-22(i).
Pursuant to this review, the Division of Agriculture and Resource Marketing
shall notify the applicant and the CRMC, in writing, whether the proposal is an
insignificant alteration. If so, the applicant will be issued a permit by the
Division of Agriculture and Resource Marketing.
5. If the proposal is a significant
alteration, the applicant must submit an application to alter a freshwater
wetland to the CRMC consistent with these Rules.
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