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-20-00-2.5 - Regulated Activities (formerly Section 5.00)
Universal Citation: 650 RI Code of Rules 20 00 2.5
Current through September 18, 2024
A. Prohibitions (formerly §5.01)
1. Except
as provided in §
2.6 of this Part, a proposed
project or activity which may alter any freshwater wetland may not be
undertaken without a permit from the CRMC. Specifically, no person may
excavate; drain; fill; place trash, garbage, sewage, road runoff, drainage
ditch effluents, earth, rock, borrow, gravel, sand, clay, peat, or other
materials or effluents upon; divert water flows into or out of; dike; dam;
divert; clear; grade; construct in; add to or take from or otherwise change the
character of any freshwater wetland as defined herein, in any way, without
first obtaining a permit from the CRMC.
2. In addition to those projects or
activities proposed either partially or wholly within freshwater wetlands,
projects or activities taking place outside of freshwater wetlands which in all
likelihood, because of their close proximity to wetlands, or because the size
or nature of the project or activity will result in an alteration of the
natural character of any freshwater wetland, may not be undertaken without a
permit from the Department. Such projects generally include those which:
a. Result in a change to the normal surface
run-off characteristics which increases the rate or volume of water flowing
into, or draining or diverting water away from, freshwater wetlands by such
activities as:
(1) Creating or significantly
increasing impervious areas;
(2)
Modifying run-off characteristics by grading significant amounts of land area
or clearing and permanently modifying significant amounts of vegetative cover
on areas draining to freshwater wetlands;
(3) Diversion of and concentration of surface
run-off through swales, ditches, grading, drainage systems and other surface
run-off conveyance systems to or away from freshwater wetlands; or
b. Result in diversion of
groundwater into or away from freshwater wetlands by:
(1) Installation of subdrains which will
lower groundwater elevations supplying freshwater wetlands or increase flow
into wetlands;
(2) Installation of
underground utilities bedded in pervious materials which may act as a subdrain
to divert groundwater away from, or concentrate such water to freshwater
wetlands;
(3) Installation of
wells, other than wells intended for a single family home, which will remove
significant amounts of water supplying or affecting any freshwater wetland;
or
c. Result in a
modification to the quality of water reaching freshwater wetlands which could
change their natural character; or
d. Result in construction of a "new" onsite
wastewater treatment system (OWTS) as defined by the DEM "Rules Establishing
Minimum Standards Relating to Location, Design, Construction and Maintenance of
Onsite Wastewater Treatment Systems" (250-RICR- 150-10-6), where the leaching
field of the OWTS is located within fifty feet (50') of any emergent, shrub or
forested wetland; special aquatic site; area subject to flooding; or area
subject to storm flowage.
3. No project or activity that may or will
alter a freshwater wetland pursuant to §§
2.5(A)(1) and
(2) of this Part above may be undertaken
unless it conforms at all times to all applicable permits and permit terms and
conditions, and all representations made in all applicable permit
applications.
B. Application types and decisions available (formerly §5.02)
1. These Rules provide for the following
types of application, with the CRMC's actions and potential results as noted:
a. Request to determine the presence of
wetlands: The CRMC will inspect the applicant's property to determine whether a
regulated wetland is present on the property. If a regulated wetland is
identified, the CRMC will identify the type(s) of such wetlands (see §
2.8(B) of
this Part). The CRMC possesses the sole authority to determine which areas are
deemed freshwater wetlands.
b.
Request to verify wetland edges: The CRMC will inspect wetland edge(s)
delineated by the applicant and, if in substantial agreement with the
documentation provided, will confirm the presence of identified wetlands and
the location of their delineated edges (see §
2.8(C) of
this Part). Furthermore, the CRMC will identify the type(s) of wetland(s)
verified.
c. Request for
preliminary determination: The CRMC will review documents submitted by the
applicant in support of the proposed project and will:
(1) Issue a permit, with conditions, for an
insignificant alteration of freshwater wetlands;
(2) Issue a determination that a significant
alteration has been proposed; or
(3) Issue a determination that a permit is
not required (see §
2.9(A) of
this Part). A determination that a project represents a significant alteration
is not a denial of a permit.
d. Application to alter a freshwater wetland:
This application must be submitted to obtain a permit for a proposed project
that will, or is likely to, result in a significant alteration of a freshwater
wetland. After thorough review of the application, including public comments
received during the required 45-day notice period, the CRMC may either issue a
permit to alter freshwater wetlands or deny the application (see §
2.10 of this
Part).
e. Application for emergency
alteration: This application must be submitted either by the owner of the
property or an appropriate official, orally or in writing, to request a permit
for an emergency alteration in the event that public health or safety is at
imminent risk (see §
2.11(A) of
this Part).
f. Application for
permit renewal: This application must be submitted to renew a freshwater
wetland permit that was granted as a result of a Request for Preliminary
Determination or an Application to Alter a Freshwater Wetland (see §
2.11(B) of
this Part).
g. Application for
permit modification: This application must be submitted to request approval of
a minor modification to a previously permitted project (see §
2.11(C) of
this Part).
h. Application for
permit transfer: This application may be submitted to request the transfer of a
valid permit to a new property owner (see §
2.11(D) of
this Part).
i. Application relating
to farmers: In general, this application must be submitted directly to the
DEM's Division of Agriculture and Resource Marketing for a determination as to
whether the project represents an insignificant or a significant alteration in
accordance with these Rules (see §
2.11(E) of
this Part).
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