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-20-00-9.2 - Administrative Findings
Universal Citation: 650 RI Code of Rules 20 00 9.2
Current through September 18, 2024
A. The declarations of intent and public policy enumerated in R.I. Gen. Laws §§ 2-1 18 and 2-1-19 (Freshwater Wetlands Act or Act) are hereby adopted as the administrative findings upon which these Rules are based.
B. Consistent with these declarations, the CRMC makes the following findings:
1.
Freshwater wetlands, buffers and floodplains are ecological systems performing
functions that directly benefit the health, welfare and general wellbeing of
people and the environment.
2. Any
such freshwater wetland, buffers and floodplains functions as an integrated
ecological system, no portion or component of which is less worthy of
regulatory protection than the system as a whole. Buffers and floodplains are
important integral components of the flowing body of water, or the freshwater
wetland with which they are associated. It has been established that
maintaining lands adjacent to freshwater wetlands as naturally vegetated
buffers protects the functions and values of wetlands and that such buffers in
and of themselves perform vital ecological functions.
3. Freshwater wetlands, buffers and
floodplains perform specific functions and support specific values, including
but not limited to the following:
a. Wildlife
and wildlife habitat: Freshwater wetlands and buffers are important areas for
the production and maintenance of a diversity of wildlife. Freshwater wetlands
and buffers provide habitat for individual species and communities of animals
and plants. Animals include both game and non-game species, which may be either
obligate or facultative and which may be permanent residents, or they may be
seasonal or transient in nature. Freshwater wetlands and buffers serve as
travel corridors; nesting, feeding, resting, nursery and brood-rearing sites;
drinking water sources and escape cover; and seasonal breeding, migration and
over-wintering habitat for wildlife. Freshwater wetlands and buffers provide
critical habitat for some plant and animal species and also provide habitat for
rare animal and rare plant species.
b. Recreation and aesthetics: Freshwater
wetlands and buffers support active and passive recreational and aesthetic
values that are important to the general public. They provide the opportunity
for recreational activities, including but not limited to: hunting, fishing,
trapping, cross-country skiing, ice skating, boating, water-skiing, canoeing,
camping, swimming, bicycling, hiking, walking, horseback riding, harvesting of
natural foods or plant materials, bird watching and other animal observation,
education and nature studies, and photography. Aesthetic values include but are
not limited to the visual, aural and cultural qualities of the freshwater
wetland and buffer. Without limitation, these include the freshwater wetland's
and buffer's prominence as a distinct feature in the local area, including its
value as open space; whether it is a rare freshwater wetland type; whether it
offers or provides suitable habitat for any rare animal or rare plant species;
whether it has any outstanding or uncommon geomorphologic features; or whether
it contains or may contain material of archaeological, historical, or cultural
significance.
c. Flood protection:
Freshwater wetlands, buffers, setbacks and floodplains protect life and
property from flooding and flood flows by storing, retaining, metering out and
by otherwise controlling flood waters from storm events. Freshwater wetlands,
buffers and floodplains also control the damaging impacts of flood flows by
providing frictional resistance to flood flows, by dissipating erosive forces,
and helping to anchor the shoreline.
d. Surface water and groundwater: Freshwater
wetlands and buffers provide and maintain surface and groundwater supplies by
acting as recharge or discharge areas, and, in the case of some ponds, acting
as surface water reservoirs. Although groundwater recharge and discharge
functions and values may vary seasonally, freshwater wetlands and buffers,
either individually or cumulatively, may be an important factor in replenishing
ground and surface water supplies, maintaining stream flows, transporting
surface waters, and storing and distributing surface waters and groundwater
during periods of drought.
e. Water
quality: Freshwater wetlands and buffers protect and maintain water quality by
retaining and removing nutrients; filtering and removing pollutants; removing
sediments; producing oxygen; reducing turbidity; maintaining or modifying
stream flow; maintaining temperature and oxygen regimes in both standing and
flowing surface waters; and providing and maintaining safe drinking water
supplies.
4. The
cumulative impact of incremental alterations to freshwater wetlands, buffers
and floodplains that occur at different times or in different locations within
the same system, or both, may constitute a significant alteration, even if a
single proposed alteration may not in and of itself constitute a significant
alteration.
5. Consistent with the
purposes of the Act, it is the public policy of the State to preserve the
purity and integrity of all freshwater wetlands, buffers and floodplains in
Rhode Island. Random, unnecessary or undesirable alteration of any freshwater
wetland, buffer or floodplain is contrary to the Act and not in the best public
interest because of the adverse impacts of such alterations on their functions
and values.
6. The CRMC recognizes
that dams have created freshwater wetlands and buffers that may provide
important wildlife habitats and recreational areas and may provide other
important functions, values and benefits such as flood storage areas. The CRMC
recognizes that dams may also be historic resources (listed on the National
Register of Historic Places or eligible for listing) and that preservation of
such resources is desirable. Also, consistent with its responsibilities under
R.I. Gen. Laws Chapter 4619 et seq., the DEM has determined
that many dams in the State are in disrepair and may present safety hazards to
the public. The CRMC hereby acknowledges that, as a result of an analysis of
alternatives for addressing a dam's state of disrepair, the removal or
substantial alteration of a dam may be required by the DEM for reasons of
public safety. The CRMC finds that the removal or substantial alteration of a
dam for public safety reasons may be deemed consistent with the authority and
purposes of these Rules provided that no other feasible alternative is
available and impacts related to the dam's removal or alteration are assessed
and acceptably mitigated in accordance with these Rules.
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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