Rhode Island Code of Regulations
Title 650 - Coastal Resources Management Council
Chapter 20 - Coastal Management Program
Subchapter 00 - N/A
Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast
Section 650-RICR-20-00-9.11 - Application for a Freshwater Wetlands Permit
Universal Citation: 650 RI Code of Rules 20 00 9.11
Current through September 18, 2024
9.11.1 Purpose and Outcomes
A. An
application for a freshwater wetlands permit may be submitted to the CRMC to
receive a determination as to whether or not all applicable standards specified
in § 9.7.1 of this Part have been met or, if not, whether or not a
proposed project may be granted a variance from the standards without the
submittal of an application for a significant alteration.
B. The CRMC's review of an application for a
freshwater wetlands permit may result in one (1) of the following outcomes:
1. Issuance of a permit, with conditions, for
alteration of freshwater wetlands, including, if applicable, granting of a
variance to the standards specified in § 9.7.1 of this Part; or
2. Issuance of a determination that a
significant alteration has been proposed and that a permit may be sought only
by filing an application for a significant alteration under §
9.12 of this Part;
or
3. Issuance of a determination
that a permit is not required, along with conditions deemed necessary to ensure
that this remains the case in the future.
9.11.2 Application Submittal Requirements
A. An applicant
submitting an application for a freshwater wetlands permit must submit the
following documents and must adhere to the following requirements:
1. Project Scope. The application must
include and describe the entire project proposed by the applicant. A request
for a partial review or review of fewer than all phases of a project may be
considered by the CRMC only if:
a. The CRMC
has previously reviewed the entire project and has considered all project
impacts on freshwater wetlands, buffers, floodplains, areas subject to flooding
and areas subject to storm flowage; or
b. As a condition of a prior determination,
permit, consent agreement, or consent judgment, the CRMC required separate
applications for individual portions of an overall project.
2. Application contents. A complete
application must satisfy the general requirements set forth in §
9.8 of this Part. The
application shall include the following:
a.
An original completed application form provided by the CRMC (§§ 9.8.2
and 9.8.3 of this Part);
b. The
appropriate fee (§ 9.8.9 of this Part);
c. A completed site plan drawn to scale that
clearly depicts all elements of the project and accurately depicts the
freshwater wetlands edges, associated buffers, buffer zones, floodplains, areas
subject to flooding and areas subject to storm flowage that are on the property
(§§ 9.8.4 and 9.8.5 of this Part);
d. Site work required to identify the
proposed project (§ 9.8.6 of this Part).
3. Project narrative. The applicant must
provide a written overall description of the proposed project, including the
following:
a. Project size, purpose, location
and type;
b. A description of all
applicable jurisdictional area;
c.
Site history; and a description of the areas evaluated, including nearby
roadways and adjacent land uses;
d.
A description of the documented occurrence of rare native plants, rare native
animals or rare freshwater wetland types as specified on lists maintained by
the DEM; and
e. The project
narrative must clearly document how the proposed project has satisfied the
standards specified in § 9.7.1 of this Part.
4. Applicants for major land development or
major subdivision projects, as defined in R.I. Gen. Laws §
45-23-32, must submit, at the time
the application is filed with the CRMC, one (1) of the following:
a. Local master plan approval; or
b. Local conditional approval of a combined
master and preliminary plan; or
c.
A letter from an authorized municipal official (the administrative officer)
certifying compliance with local low impact development site planning and
design requirements as contained within the local zoning ordinance, land
development and subdivision Regulations, or other pertinent
Regulations.
5. As
required, any reports and calculations documenting compliance with the
engineering requirements specified in § 9.11.2(A)(6) of this Part,
below;
6. Engineering requirements
a. Applications for proposed projects that
increase impervious area or that trigger the redevelopment standard specified
in the Stormwater Management, Design, and Installation Rules, 250-RICR-
150-10-8, must submit supporting calculations, documents, and reports to
demonstrate that the proposed project meets or exceeds the applicable review
criteria set forth in §§ 9.7.2 and 9.11.3 of this Part. Applicants
should refer to the written evaluation - required elements in §§
9.12.2(A)(4)(d)(3) through (5) of this Part as applicable.
b. Applications for proposed projects on
individual residential lots of record may use the "RI Stormwater Management
Guidance for Individual Single-Family Residential Lot Development" in place of
the Stormwater Management, Design, and Installation Rules, 250- RICR-
150-10-8.
c. Applications for
projects that propose one (1) acre or more of land disturbance must include a
soil erosion and sediment control plan as specified in the DEM's General Permit
for Storm Water Discharge Associated with Construction Activity.
d. Applications for projects that propose to
place fill or structures within a floodplain or floodway, or which otherwise
may alter the rate at which flood water is stored by any freshwater wetland,
must include supporting calculations, documents, and reports to demonstrate
that the proposed project meets or exceeds the review criteria set forth in
§ 9.7.2 of this Part. Applicants are referred to the written evaluation -
required elements in § 9.12.2(A)(4)(d) as applicable.
e. The CRMC reserves the right to require
additional information in order to satisfy the review criteria or to waive any
requirement if it is determined that the information is not
applicable.
7. Variance
from standards. If a proposed project does not meet all of the standards
specified in § 9.7.1 of this Part, an applicant must provide a narrative
description documenting how the proposed project will satisfy the variance
criteria specified in § 9.7.3 of this Part.
9.11.3 Review by the CRMC
A. On-site review and evaluation. An
application for a freshwater wetlands permit is considered to be a preliminary
determination and the CRMC will act on an application for a freshwater wetlands
permit only following an on-site review and a preliminary evaluation of the
project and its anticipated impacts to the natural characteristics, functions,
or values of the subject freshwater wetlands, buffers. Floodplains, areas
subject to flooding and areas subject to storm flowage.
B. Permit Issuance. In order to issue a
permit, the CRMC must be satisfied that a proposed project will not result in a
significant alteration to freshwater wetlands, buffers, floodplains, areas
subject to flooding or areas subject to storm flowage.
1. A project which is determined by the CRMC
to meet or satisfy all standards specified in § 9.7.1 of this Part shall
be presumed to not result in a significant alteration to freshwater wetlands,
buffers, floodplains, areas subject to flooding or areas subject to storm
flowage.
2. If a project is
determined by the CRMC not to meet the standards specified in § 9.7.1 of
this Part, a permit may be issued only when the CRMC is satisfied that:
a. All variance criteria specified in §
9.7.3 of this Part have been satisfied; and
b. The project will not result in a
significant alteration to freshwater wetlands, buffers, floodplains, areas
subject to flooding or areas subject to storm flowage (see § 9.11.3(C) of
this Part, below);
C. Significant alteration determination. In
determining whether a proposed project will result in significant alteration to
freshwater wetlands, buffers, floodplains, areas subject to flooding or areas
subject to storm flowage the CRMC will consider the following criteria, as well
as the review criteria in § 9.7.2 of this Part. A proposed alteration may
be considered significant whenever any one (1) of the following conditions
exist:
1. A project appears to propose a
random, unnecessary, or undesirable alteration to freshwater wetlands, buffers,
floodplains, areas subject to flooding or areas subject to storm
flowage;
2. A project appears to
alter the character, functions or values of any freshwater wetland, buffer,
floodplain, area subject to flooding or area subject to storm flowage in a way
that could result in the following:
a. More
than a minimal change of any portion of any freshwater wetland, river or stream
from wetland to upland;
b. The
detrimental modification of the biological, chemical or hydrologic
characteristics of any freshwater wetland or buffer areas which could reduce
the natural values associated with the freshwater wetland or buffer;
c. More than minimal displacement of any
flood waters onto or into property owned by others;
d. Increased flooding by a change in runoff
characteristics or hydrology;
e.
Reduction of the groundwater recharge or discharge value of any freshwater
wetland or buffer;
f. Reduction of
river or stream flows as a result of diversion or withdrawal of
water;
g. Permanent change or
conversion from one habitat type in a freshwater wetland or buffer to another;
or
h. The disturbance or
destruction of any rare species or rare freshwater wetland type or the
degradation of habitat for rare species.
3. A project proposes temporary alterations
which over time may cause significant permanent alterations to freshwater
wetlands or buffers and their functions and values.
4. Any individual alteration that may, when
evaluated cumulatively with other alterations, cause significant impacts to
freshwater wetlands, buffers or floodplain and their functions and
values.
5. A project involves a
variance to standards and does not meet all criteria to be granted a variance
as specified in § 9.7.3 of this Part.
9.11.4 Permit Requirements, Conditions, and Renewals
A. The CRMC may grant a
permit in response to an application for a freshwater wetlands permit, without
first requiring an application for a significant alteration, provided, however,
that any such permits shall only be issued after the CRMC has determined that
all elements specified in § 9.11.3(C) have been met and shall be subject
to such conditions as the CRMC may require to protect the freshwater wetlands,
buffers and floodplains.
B. Any
applicant or subsequent transferee receiving a permit under this Rule shall
comply with all conditions of the permit and all provisions of the Act and
these Rules. Any non-compliance with the permit violates the Act and these
Rules, and constitutes sufficient grounds for an enforcement action.
C. The permittee or subsequent transferee of
the property to which the permit relates is responsible for the proper
installation, operation, maintenance and stability of any mitigative features,
facilities, and systems of treatment and control that are installed or used to
comply with these Rules and any terms and conditions of the permit and to
prevent harm to freshwater wetlands, buffers, floodplains, areas subject to
flooding and areas subject to storm flowage. All applicants receiving a permit
or subsequent transferees of the property shall avoid or minimize adverse
impacts to any freshwater wetlands, buffers, floodplains, areas subject to
flooding and areas subject to storm flowage and their functions and values,
both during and after permitted activities.
D. Unless specified in writing by the CRMC,
any decision issued in response to an application for a freshwater wetlands
permit applies only to the proposed project that is described in the
application and its supporting documentation, including the requisite site
plans. Site plans shall bear a stamp of approval, signed by the CRMC, as well
as the date of the permit letter and the assigned application number.
E. Any permit issued in response to an
application for a freshwater wetlands permit shall be valid for a period of
three (3) years from the date of issuance.
1.
The permit may be extended by the permit holder in accordance with §
1000-1.5.12 of this Title (CRMC Management Procedures), provided that:
a. The permit holder and project are in
compliance with the permit; and
b.
The permit holder submits an application for permit extension that meets the
requirements of § 9.14.2 of this Part and the CRMC Management Procedures,
Part 10-00-1 of this Title.
F. Upon completion of the permitted project,
the permit does not need to be renewed by the permit holder.
G. Any permit issued by the DEM that relates
to an approval of a project or a determination that the Act does not apply to a
specific project, prior to April 7, 1994, is expired.
9.11.5 CRMC's Decision - Notification
The CRMC will mail notice of its decision to the applicant and the applicant's representative, if any, in accordance with the CRMC's Management Procedures, Part 10-00-1 of this Title.
9.11.6 Application Closure
A. The CRMC's consideration of any
application for freshwater wetlands permit shall be deemed to have terminated,
and the applicant's file shall be deemed closed, when any of the following
circumstances has occurred:
1. The applicant
fails to answer any notification of application deficiency or request for
additional information by the CRMC within the prescribed and written timeframe
provided in the notification or request; or
2. The CRMC is notified of a change of
ownership during the processing of the application, and the new owner does not
comply with § 9.8.3(F) of this Part within sixty (60) days; or
3. The CRMC has issued a permit or a written
determination that the Act and these Rules do not apply, or that a proposed
project represents a significant alteration.
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