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-20-00-2.3 - General Administration (formerly Section 3.00)

Universal Citation: 650 RI Code of Rules 20 00 2.3

Current through September 18, 2024

A. Freshwater wetlands: The CRMC shall be responsible for administering and enforcing these Rules. These Rules shall be liberally construed to permit the CRMC to effectuate the purposes of R.I. Gen. Laws §§ 46-23-6, 2-1-18, and 2-1-19.

B. Freshwater wetlands in the vicinity of the coast: Pursuant to R.I. Gen. Laws § 46-23-6, as amended, freshwater wetlands in the vicinity of the coast are under the exclusive jurisdiction of the Rhode Island Coastal Resources Management Council (CRMC), including, after January 1, 2002, the renewal, transfer, modification and enforcement of permits originally issued by the Department of Environmental Management, with these exceptions:

1. The DEM shall retain jurisdiction over farming-related activities involving freshwater wetlands in the vicinity of the coast for insignificant alterations consistent with R.I. Gen. Laws §§ 2-1-22(i) and (j).

2. Any determination or permit, including any terms and conditions, issued by the DEM prior to August 18, 1999, shall remain valid for the time period specified in such determination or permit.

3. The DEM shall retain jurisdiction over any permits issued prior to January 1, 2002, that are the subject of an outstanding compliance order or other formal administrative, civil or criminal legal action initiated by the DEM for the purpose of litigating or settling that action.

4. The DEM shall retain sufficient jurisdiction over any permits or permit applications acted upon by the DEM prior to January 1, 2002, to permit the DEM to defend or settle any legal proceedings brought against it as a result of those actions.

5. Any compliance order issued or other civil or criminal enforcement action taken by the DEM prior to August 18, 1999, shall continue to be subject to the DEM authority and to be governed by the rules and regulations in effect at the time the order was issued or action taken.

6. Permits issued by the DEM for projects that lie on or that straddle the jurisdictional boundary shall be administered by the DEM in accordance with § 2.3(C) of this Part below.

C. Projects that lie on or cross the jurisdictional boundary

1. Applications for linear projects such as road or utility rights of way lying on the jurisdictional boundary established pursuant to R.I. Gen. Laws § 46-23-6 will be reviewed as follows:

a. If the project is located entirely or partially either within a CRMC Special Area Management Plan or within 200 feet of a coastal shoreline feature, as defined by CRMC, then CRMC shall be the freshwater review agency.

b. If the project is located entirely outside of any CRMC Special Area Management Plan and beyond 200 feet of a coastal shoreline feature, as defined by CRMC, then the DEM shall be the freshwater review agency.

2. Applications for projects that cross or fall on both sides of the jurisdictional boundary established pursuant to R.I. Gen. Laws § 46-23-6 will be reviewed as follows:

a. If all of the freshwater wetlands are located seaward of the boundary, then CRMC shall be the freshwater wetland review agency.

b. If all of the freshwater wetlands are located inland of the boundary, then the DEM shall be the freshwater wetland review agency.

c. If the wetlands lie on both sides of the jurisdictional boundary and the project is non-linear in character, then:

(1) Where the project is located entirely or partially either within a CRMC Special Area Management Plan or within 200 feet of a coastal shoreline feature, as defined by CRMC, then CRMC shall be the freshwater wetland review agency; or

(2) Where the project is entirely outside of any Special Area Management Plan and is beyond 200 feet of a coastal shoreline feature, as defined by CRMC, then the DEM shall be the freshwater wetland review agency.

d. For linear projects that are on both sides of the jurisdictional boundary, the DEM and CRMC shall jointly determine which agency will serve as the freshwater wetland review agency. This determination shall be made on a case-by-case basis in response to a written request from an applicant to CRMC, and be based on the following: the extent and location of the freshwater wetland or wetlands, the area and proximity of potential land disturbance, and the guidelines set forth in any applicable watershed plan. Within ten (10) business days of the receipt of a request for clarification from an applicant, the agency that retains jurisdiction shall so inform the applicant. Upon written notice to the applicant, the agency may extend the ten-(10) day deadline for up to an additional ten (10) business days for any reason. Although the goal of these provisions is to promote the designation of a single review agency, in the event that a project includes potential freshwater wetland alteration in both jurisdictional areas, the DEM and CRMC reserve the right to jointly exercise their jurisdiction.

3. The permitting agency for a project that is on the boundary or on both sides of the boundary shall renew, modify, transfer and enforce the permit according to the Rules (in the case of the DEM) or the rules and regulations (in the case of CRMC) that were in effect at the time the permit was issued.

4. The CRMC and DEM maintain at their respective offices maps illustrating the jurisdictional boundary between freshwater wetlands and freshwater wetlands in the vicinity of the coast.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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