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-20-00-9.14 - Other Application Types
Universal Citation: 650 RI Code of Rules 20 00 9.14
Current through September 18, 2024
9.14.1 Application for Emergency Alterations
A. An emergency alteration is one that is
required to protect the public from imminent harm to its health or safety; and
is authorized by the CRMC. Oral approval of an emergency alteration, other than
those alterations specified in §
9.6 of this Part, may be
granted by the CRMC consistent with the requirements set forth below.
Applicants who are not considered an appropriate official of a town, city,
State or Federal agency or public utility responsible for correcting problems
which arise on an emergency basis and pose an imminent threat to the public
health and safety should contact the CRMC for consideration of individual
emergency situations.
1. An oral or written
request for permission to proceed with an emergency alteration must be made to
the CRMC, by the owner of the property or easement where the emergency
alteration is proposed or by an appropriate official of a town, city, State or
Federal agency or public utility responsible for correcting problems which
arise on an emergency basis and pose an imminent threat to the public health
and safety;
2. At a minimum, the
request must inform the CRMC of the following:
a. An explanation of the problem
necessitating an emergency alteration;
b. The reason why the problem represents an
imminent threat to health and safety;
c. The location of the area in which
corrective activity is required;
d.
The proposed actions necessary to correct the problems;
e. The person responsible for overseeing the
activity, including immediate means of contact; and
f. The means proposed to restore the
freshwater wetland, buffer, floodplain, area subject to flooding or area
subject to storm flowage following the emergency alteration, as
appropriate.
3. Any
emergency alteration undertaken shall not result in a permanent alteration of
any freshwater wetland, buffer or floodplain except as allowed for dam safety
as approved by the DEM in accordance with the DEM's Rules and Regulations for
Dam Safety, 250-RICR- 130-05-1. The applicant must, in so far as possible,
restore the areas to prevent or minimize any permanent alteration. Such
restoration must be undertaken in accordance with requirements provided by the
CRMC;
4. Alteration of a
jurisdictional area shall not exceed work beyond that necessary to abate the
emergency;
5. Unless otherwise
informed by the CRMC following its inspection of the site, the applicant must
submit an as-built site plan or a plan of restoration to the CRMC no later than
forty-five (45) days following the action necessary to correct the emergency
problem. The site plan must illustrate the emergency activity undertaken, the
jurisdictional area affected, any alteration which resulted from the activity,
and all restoration activities undertaken, or which are still required. The
required site plan must comply with §§ 9.8.4 and 9.8.5 of this
Part;
6. The time limitation for
performance of an emergency alteration shall not exceed ten (10) days following
initial approval by the CRMC unless written approval for an extension is
obtained from the CRMC; and
7.
Following submission of the as-built site plan required in § 9.14.1(A)(5)
of this Part above, the applicant is required to comply with any additional
activities necessary to prevent any permanent alteration or to finalize wetland
restoration as detailed in writing by the CRMC.
9.14.2 Application for Permit Renewal
A. An application for renewal
is required to renew any permit issued as a result of an application for a
significant alteration or an application for a freshwater wetlands
permit.
B. The application shall be
made on a form specified by the CRMC on which the applicant must stipulate that
the application is to renew the permit for the original or subsequently
modified permitted project. For renewal of a permit, the applicant must further
stipulate that the permit limitations are understood and the applicant will
comply with any and all conditions of the permit.
C. Only the original permittee or subsequent
transferee may request renewal of the permit.
D. Any application for renewal should be
submitted no later than sixty (60) days before the permit or renewal permit
expiration date.
E. An application
for renewal of a permit shall be limited to requests to continue or complete
the originally permitted alterations. Any modifications to the original
proposal, other than permitted modifications, shall require a new application,
or an application for permit modification.
F. An application for renewal will not be
granted, if, in the opinion of the CRMC, work has taken place in non-compliance
with the original permit or any renewal thereof, in non-compliance with the Act
or this Part, or if the applicant revises the project such that there is a
change in proposed alterations of freshwater wetlands, buffers, floodplains,
areas subject to flooding or areas subject to storm flowage.
9.14.3 Application for Permit Modification
A. Prior to the
expiration of a valid permit, a Permittee may apply to the CRMC requesting
approval to incorporate minor modification(s) to the originally permitted
project. Such modification(s) in all cases may not increase the limits of
wetland disturbance previously permitted unless such increases occur in
existing paved, lawn, or otherwise developed areas, or increase the anticipated
impacts from that previously permitted by the CRMC. Any modifications must be
minor in nature in relation to the originally permitted project.
B. The application shall be made on a form
prescribed by the CRMC and must be completed and submitted with revised plans
for the CRMC's review including the appropriate fee. The revised plans
submitted with the application shall clearly depict the proposed modification
and shall comply with all requirements stipulated in the original application
and with these Rules. (See site plan requirements in §§ 9.8.4 and
9.8.5 of this Part.).
C. In
addition to revised plans and appropriate fee, the Permittee must submit a
written narrative and any additional data which describes and details the minor
changes or modification proposed and the reasons for the
modification.
D. An Application for
Permit Modification will not be approved if, in the opinion of the CRMC, the
modification(s): are not minor in nature in relation to the originally
permitted project; involve increases of wetland disturbance into vegetated
areas not previously evaluated by the CRMC; or increase the anticipated impacts
from that previously permitted by the CRMC.
E. Following receipt of an application for
permit modification, the CRMC may:
1. Issue a
revised permit for the modified project; or
2. Inform the applicant that the
modifications requested require a new application.
F. The filing of this application shall not
stay or modify any time limitation or condition of the permit.
9.14.4 Application for Permit Transfer
A. Any valid permit
issued by the CRMC that has been recorded in the land evidence records of the
municipality or municipalities in which the property subject to the permit is
located is automatically transferred upon the sale of the property to the new
owner.
B. A new property owner may
complete and submit an application for permit transfer to have a permit
transferred to the new owner' s name provided that the following information is
submitted:
1. A certified copy of the deed of
transfer of the property subject to the permit;
2. A notarized statement signed by the new
owner or authorized individual as required stating that he or she has reviewed
the approved plan, the permit letter, and agrees to abide by the conditions of
the permit, including the time limits; and
3. A completed application form (§ 9.8.2
of this Part) and the application fee (§ 9.8.9 of this Part).
C. The filing of this application
shall not stay or modify any time limitation or condition of the
permit.
D. The limit of
disturbance, the conditions of approval and any other requirements set forth in
any recorded permit shall apply to and be enforceable against all subsequent
owners of the land subject to the permit, unless a new or modified permit has
been obtained from the CRMC.
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