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-20-00-2.8 - Request for Determination of the Presence of Wetlands, Wetland Edge Verification, or Request for Regulatory Applicability (formerly Section 8.00)
Universal Citation: 650 RI Code of Rules 20 00 2.8
Current through September 18, 2024
A. Purpose (formerly §8.01)
1. An application may be made to the CRMC to
request a determination regarding:
a. The
presence of wetlands on the property which are regulated under the Act (§
2.8(B) of
this Part).
b. The verification of
the delineated edge of wetlands on the property (§
2.8(C) of
this Part); or
c. Whether the Rules
apply to a proposed project, or not, or confirmation that a project is exempt
according to §
2.6 of this Part (§
2.8(D) of
this Part).
B. Request to determine presence of wetlands (formerly §8.02)
1. An applicant seeking
a request to determine the presence of wetlands must submit the following
documents and adhere to the following requirements:
a. A completed application form (§§
2.7(A) and
(B) of this Part);
b. The appropriate fee (§
2.7(K)(1) of
this Part); and
c. A site plan of
the subject property (§
2.7(C) of
this Part), while desirable, is not required. At a minimum, a tax assessor's
map that includes a title block and locus map drawn to a scale no smaller than
1" = 100' with sufficient fixed reference points is required. The tax
assessor's map must be legible and clearly depict property boundaries. The site
plan or tax assessor's map must not depict any proposed project or
activities.
d. If property
boundaries are not clearly identifiable on the property itself, the applicant
must clearly identify those boundaries with labeled markers such as flags or
stakes.
2. The CRMC will
inspect the property and issue a determination stating whether or not regulated
wetlands are present. The purpose of this determination is to determine whether
wetlands are present on the property and the type of such wetlands, not to
verify the specific location of any such wetlands.
3. Any determination regarding the presence
of wetlands issued by the CRMC in accordance with this Rule shall be valid for
a period of three (3) years from the date of issue.
C. Request to verify wetland edge (formerly §8.03)
1. An applicant seeking a request
to verify wetland edge must submit the following documents and adhere to the
following requirements:
a. A completed
application form (§§
2.7(A) and
(B) of this Part);
b. The appropriate fee (§
2.7(K)(2) of
this Part);
c. A site plan of the
subject property (§§
2.7(C) and
(D) of this Part) prepared by a qualified
professional (§
2.7(F) of
this Part), that identifies the wetlands and their edges that the applicant
requests the CRMC to verify; and
d.
Completed wetland edge documentation forms (§
2.8(C)(5)(c)
of this Part).
2. Site
plans submitted for request to verify wetland edges must not depict any
proposed project or activities.
3.
The edge(s) of all freshwater wetlands should be identified by a qualified
professional as specified in guidance documents available from the CRMC and
shall be delineated in accordance with the specifications set forth in §
2.18 of this Part (Appendix
2).
4. Any delineation or
identification of freshwater wetlands completed by a person other than the
CRMC, including by an applicant or applicant's agent, shall be valid only after
review and written verification by the CRMC (See the procedures outlined in
§
2.18 of
this Part (Appendix 2)).
5. For
verification purposes, the applicant must undertake the following steps:
a. Identify each wetland edge that the
applicant wishes to have verified on the property, and record the edge on a
site plan.
(1) The wetland edge on the
property shall be flagged with sequentially numbered or lettered flags, and the
flags must be placed at the wetland edge in sufficient numbers to clearly
identify the edge to be verified. The distance between flags must allow for
adequate visibility from one flag to another during the growing
season.
(2) The wetland edge shall
be surveyed and recorded on the site plans showing the location and
number/letter of the flag corresponding with those flags at the site.
(3) In addition to the surveyed wetland edge,
periodic measurements (i.e., at least one (1) for every one hundred feet (100')
of surveyed edge) must be recorded on the site plan, indicating the distance
from the surveyed edge to fixed reference points on the property. Fixed
reference points on the property shall include, but are not limited to: stone
walls, watercourses, roads, trails, buildings, structures, fences, cut
transects or traverse lines, survey stakes with stations, or other features
that allow confirmation of the location of the flagged wetland edge by field
measurements.
b.
Identify the professional(s) conducting the delineation.
c. Provide documentation on forms provided by
the CRMC describing the reasoning used to delineate a particular wetland edge
or any series of edges.
6. Contour elevations, while helpful on site
plans, are not required for requests to verify wetland edges, except where
a. a request to verify the edge of the
100-year flood plain has been made; or
b. the wetland edge is located along or
within a parcel exceeding ten (10) acres.
7. The CRMC will inspect the wetland edge(s)
delineated by the applicant and, if in substantial agreement with the
documentation provided by the applicant, confirm the presence of identified
wetlands and the location of their delineated edges.
8. Any verification of a wetland edge or
series of edges issued by the CRMC shall be valid for a period of three (3)
years from the date of issue.
9. A
request to verify wetlands edges file shall be considered closed if the
applicant fails to answer any notification of application deficiency or any
request for additional information from the CRMC within a period of six (6)
months from the date of the deficiency letter or request.
D. Request for regulatory applicability (formerly §8.04)
1. An applicant seeking
a request for regulatory applicability should submit the following documents
and adhere to the following requirements:
a.
A completed application form (§§
2.7(A) and
(B) of this Part);
b. The appropriate fee (§
2.7(K)(3) of
this Part);
c. A plan drawn to
scale, illustrating and describing current and proposed conditions based on
measured distances, and including a clearly depicted limit of clearing and
disturbance, a locus map, and the location of any wetlands or wetland edges of
concern;
d. A written project
description including the purpose, size, and location of the project;
e. A written description of how potential
wetland impacts have been avoided to the maximum extent possible; and
f. Photographs depicting the current site
conditions in the area of the proposed work.
g. While not required, a verified wetland
edge may facilitate the applicability decision.
2. The CRMC will review information provided
by the applicant, and determine whether the proposed project is exempt or
otherwise will not alter the character of any wetland, or whether further
application is required in accordance with these Rules. If the proposed project
appears to involve an alteration to freshwater wetlands or if the application
is not clear or is missing information, further application will be
required.
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