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-20-00-2.18 - Appendix 2: Specific Criteria for Identifying Wetland Edges

a. Those typical plant species listed in R.I. Gen. Laws §§ 2-1-20(3)"bog", (10) "marsh" and (16) "swamp"; or

b. Those plant species listed as having a wetland indicator status of obligate (OBL) according to the most recent edition of the National List of Plant Species That Occur in Wetlands: Rhode Island (National List), as prepared by the U.S. Fish and Wildlife Service; or

c. Those plant species listed as having a wetland indicator status of facultative wetland (FACW), facultative (FAC) or facultative upland (FACU) according to the National List, where such plants are present along with other clear hydrologic indicators of wetland.

a. Morphologic features or properties associated with hydric soils in accordance with the most recent version of the Field Indicators for Identifying Hydric Soils in New England.

b. Visual observation of soil saturation within twelve inches (12") of the soil surface (considering both seasonal and recent weather conditions);

c. Distinct water marks on vegetation or other fixed objects;*

d. Sulfitic materials (H2S - rotten egg odor) within twelve inches (12") of the soil surface;

e. Mound and pool microtopography;*

f. Patches of peat mosses (Sphagnum spp.)

g. Soil morphologic evidence of recent or periodic flooding (e.g., stratification associated with flood plains);*

h. Visual observation of surface inundation (considering both seasonal and recent weather conditions);*

i. Dark or water-stained leaves on the ground surface;*

j. Drift or wrack lines of water-borne materials; *

k. Wetland drainage features or patterns such as scoured channels;*

l. Morphological plant adaptations (e.g., buttressed trees trunks, adventitious roots, exposed or shallow root systems);*

m. Distinct or prominent pore linings (oxidized rhizopheres) along live roots within twelve inches (12") of the soil surface.*

a. The use of this methodology is intended to facilitate the location and identification of the edge of "vegetated" wetlands, but must not be interpreted as redefining wetlands regulated under the Act and these Rules. For example, the area of land within fifty feet (50') of any bog; marsh; swamp; or pond is a regulated wetland according to R.I. Gen. Laws § 2-1-20(4); however, the Manual, for purposes of Section 404 of the Clean Water Act, will refer to these areas as "nonwetlands."

b. All edge locations and delineations are subject to the CRMC's review and acceptance under the procedures set forth in § 2.8(B) of this Part for requests to determine the presence of wetlands. Accordingly, all requests to verify the edge of these types of wetlands will require on-site inspection and analysis.

c. Areas discovered during the delineation of freshwater wetlands which appear to have altered conditions (e.g., removal of vegetation, ditching, draining, filling or other alterations that have changed or appear to change normal conditions) must be documented.

a. The edge of rivers, streams, intermittent streams, ponds, special aquatic sites, areas subject to storm flowage, areas subject to flooding and other areas dominated by open or flowing water shall be the ordinary high water mark of standing or flowing water. The ordinary high water mark is the line separating land flooded at high water and land exposed at high water. This line may be determined and documented by using recorded hydrologic data (e.g., data obtained from site specific planning and design documents; in-stream flow studies; stream gauge data; the CRMC's file data; or flood data), or, in the absence of these, by observing physical characteristics, such as evidence of a clear demarcation line between terrestrial and aquatic conditions as a result of standing or flowing water; shelving; permanent watermarks and stains on woody vegetation or other fixed objects, such as bridges, stones, walls, docks, or piers; changes in the character of the soil; the presence of water-borne natural litter and debris; evidence of surface scouring; or other appropriate means.

b. The edge of any pond and incoming or outgoing flowing body of water shall be that location where characteristics associated with a lentic ecosystem and a lotic ecosystem are both present.

a. The width of the flowing body of water shall be measured along the channel's length at a minimum of five (5) locations upstream and at a minimum of five (5) locations downstream from a measured midpoint within the project area or area of concern.

b. The arithmetic average or mean of the channel width measurements shall serve as the average channel width for the purposes of assigning riverbank. The mean shall be calculated using the formula:

c. When the mean channel width is less than ten feet (10'), the riverbank wetland shall be one hundred feet (100'). When the mean channel width is ten feet (10') or more, the riverbank wetland shall be two hundred feet (200').

a. Based upon a widely accepted hydrologic and hydraulic model (e.g., HEC-RAS). The applicant must demonstrate that the selected model is appropriate for the determination; and

b. Based upon a design storm of at least seven inches (7") of precipitation in twenty-four (24) hours (a Type III rainfall as defined by the National Weather Service).