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-20-00-9.4 - Definitions

1. "Accessory structure" means a structure that has an ancillary or supplementary function to the main use of the property. Accessory structures include, but are not limited to amateur radio towers; flag poles; swing sets; slides; decks; patios; gardens; sheds; in-ground or aboveground swimming pools; fences that do not span or obstruct public access to rivers, streams, and other waterbodies (along and within boundaries or areas such as existing home lawns and driveways); treehouses; drinking water wells with a volume of withdrawal no greater than five hundred (500) gallons a day; walls; stairs; walks; and pervious driveways.

2. "Act" means the Freshwater Wetlands Act as set forth in R.I. Gen. Laws §§ 2-1-18 through 2-1-28.

3. "Alter" or "Alteration" means to change (act of changing) the character of a freshwater wetland, buffer, floodplain, area subject to flooding or area subject to storm flowage as a result of activities within or outside of these resources. Such activities include but are not limited to the following: excavating; draining; filling; placing trash, garbage, sewage, road runoff, drainage ditch effluent, earth, rock, borrow, gravel, sand, clay, peat, or other materials or effluents upon; diverting water flows into or out of; diking; damming; diverting; clearing; grading; constructing in; adding to or taking from; or other activities that individually or cumulatively change the character of any freshwater wetland, buffer, floodplain, area subject to flooding or area subject to storm flowage.

4. "Aquatic base flow" or "ABF" means minimum river or stream flow conditions necessary to sustain indigenous aquatic fauna and flora, as determined by one (1) or more of the following:

5. "Area subject to flooding" or "ASF" means areas that include, but are not limited to, low-lying areas that collect, hold or meter out storm and flood waters from any of the following: rivers, streams, intermittent streams, or areas subject to storm flowage.

6. "Area subject to storm flowage" or "ASSF" means areas that include drainage swales and channels that lead into, out of, pass through or connect other freshwater wetlands or coastal wetlands, and that carry flows resulting from storm events, but may remain relatively dry at other times.

7. "Best management practices" or "BMPs" means generally accepted practices, procedures and management techniques that include, but are not limited to, schedules of activities, prohibitions, maintenance procedures, structural and non-structural methods, and other management approaches to prevent or minimize any reduction of the functions and values associated with freshwater wetlands, buffers or floodplains.

8. "Bog" means, consistent R.I. Gen. Laws § 2-1-20(3), a place where standing or slowly running water shall be near or at the surface during a normal growing season and/or where a vegetational community shall have over fifty percent (50%) of the ground or water surface covered with sphagnum moss (Sphagnum) and/or where the vegetational community shall be made up of one (1) or more of, but not limited to nor necessarily including all of the following: blueberries and cranberries (Vaccinium), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea), sundews (Drosera), orchids (Orchidaceae), white cedar (Chamaecyparis thyoides), red maple (Acer rubrum), black spruce (Picea mariana), bog aster (Aster nemoralis), larch (Larix laricina), bog rosemary (Andromeda glaucophylla), azaleas (Rhododendron), laurels (Kalmia), sedges (Carex), and bog cotton (Eriophorum).

9. "Buffer" means, pursuant to R.I. Gen. Laws § 2-1-20(4), an area of undeveloped vegetated land adjacent to a freshwater wetland that is to be retained in its natural undisturbed condition, or is to be created to resemble a naturally occurring vegetated area that mitigates the negative impact of human activities on wetland functions and values. For the purpose of defining buffer within this Part, "adjacent to" means land area within the buffer zone.

10. "Buffer zone" means an area of land within a jurisdictional area that is contiguous to a freshwater wetland and the width of which is designated in § 9.23 of this Part.

11. "Coastal feature" means any coastal beach; barrier island or spit; dune; coastal wetland; coastal headland, bluff or cliff; rocky shore, or; manmade shoreline, as defined in Part 1 of this Subchapter.

12. "Coastal resources management program" or "CRMP" means the coastal zone management program adopted by the State of Rhode Island in accordance with R.I. Gen. Laws Chapter 46-23 and approved under the Federal Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 through 1464).

13. "Completed application" means any application that in the opinion of the CRMC provides all of the requisite information necessary to process the application in accordance with this Part, and Part 10-00-1 of this Title (the CRMC Management Procedures).

14. "Council" or "CRMC" means the Rhode Island Coastal Resources Management Council.

15. "CRMC regulations" means the Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast, 650-RICR- 20-00-8, adopted by the Coastal Resources Management Council pursuant to R.I. Gen. Laws § 46-23-6.

16. "Cumulative impact" means the combined impact on the freshwater wetland, buffer and floodplain environment and their functions and values which may result from past, present and future alterations to the same freshwater wetland, buffer and floodplain system, regardless of what agency or person undertakes such alterations.

17. "Dam" or "Damming" means any barrier made by humans, including appurtenant works that impounds or diverts surface water. Damming means to impound water by means of a dam.

18. "Department" or "DEM" means the Department of Environmental Management.

19. "Dike" means a berm or structure that impedes, redirects, diverts, or otherwise controls the flow or elevation of water.

20. "Director" means the Executive Director of the Coastal Resources Management Council or his or her duly authorized agent or agents and may be used interchangeably with CRMC or Council as appropriate.

21. "Drain" means to lower the surface water or groundwater elevation, either temporarily or on a permanent basis.

22. "Edge" means the line of intersection or division between:

23. "Emergent plant community" means a freshwater wetland characterized by erect, rooted, herbaceous hydrophytic vegetation that is present for most of the growing season in most years, and that may be persistent or non-persistent in nature.

24. "Excavate" means to dig into, cut, quarry, uncover, remove, displace, relocate, or grade any earth, soil, sand, gravel, rock, peat, organic, inorganic or any other similar material.

25. "Existing" means:

26. "Facultative wildlife species" means wildlife that utilize freshwater wetlands or buffers as habitat, but generally do not require freshwater wetlands for survival or reproduction.

27. "Farmer" means: an individual, partnership or corporation that operates a farm and has filed a Form 1040F or comparable instrument with the U.S. Internal Revenue Service, has a State of Rhode Island farm tax number, and has earned ten thousand dollars ($10,000.00) gross income on farm products in each of the preceding four (4) years.

28. "Feasible" means capable of being done, executed, accomplished or brought about by engineering standards.

29. "Fill" means dirt, soil, stones, gravel, sand, sediment, tree stumps, brush, leaves, solid waste, debris, garbage, trash, grass clippings, pollutants, or any other material, substance, or structure placed in a freshwater wetland, buffer, floodplain, area subject to flooding or area subject to storm flowage or any action that places such material in a freshwater wetland, buffer, floodplain, area subject to flooding or area subject to storm flowage.

30. "Flood plain" means, as defined in R.I. Gen. Laws § 2-1-20(7), that land area adjacent to a river or stream or other body of flowing water which is, on the average, likely to be covered with flood waters resulting from a one hundred (100) year frequency storm. A one hundred (100) year frequency storm is one that is to be expected to be equaled or exceeded once in one hundred (100) years or may be said to have a one percent (1%) probability of being equaled or exceeded in any given year.

31. "Floodway" means the channel of a river or stream and any immediately adjacent areas that must be kept free of encroachment to allow one hundred (100) year flood waters to be carried without increase in flood heights or flows and without endangering life or property.

32. "Flowing body of water" means any river, stream, or intermittent stream that flows long enough during the year to develop and maintain defined channels, and generally has flowing water at times other than those periods immediately following storm events. Such watercourses have defined banks, a bed, and maintain visible evidence of flow or continued reoccurrence of flowing water.

33. "Freshwater wetlands" means, as consistent with R.I. Gen. Laws § 2-120(8), except as specified in R.I. Gen. Laws § 2-1-22(k), and includes, but is not limited to:

34. "Freshwater wetlands for farmers conducting normal farming and ranching activities" means, pursuant to R.I. Gen. Laws § 2-1-22(k), for farmers undertaking activities specified in R.I. Gen. Laws §§ 2-1-22(i)(1) and (2), freshwater wetlands shall be defined as:

35. "Freshwater wetlands in the vicinity of the Coast" means, consistent with the R.I. Gen. Laws § 46-23-6, freshwater wetlands and the associated jurisdictional area, as defined within this Part, seaward of the jurisdictional boundary that are regulated by the Coastal Resources Management Council in accordance with the Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast (650-RICR- 20-00-9).

36. "Growing season" means the period from April 1 to November 15 of any calendar year.

37. "Hydrophyte" or "Hydrophytic vegetation" means a plant or plant life that grows in water, or in or on a substrate that is at least periodically deficient in oxygen as a result of saturation or flooding by groundwater or surface water.

38. "Insignificant alteration" means in the opinion of the CRMC, a proposed alteration, limited in scope, area or duration, which appears to result in no more than a minimal change or modification to the characteristics, functions or values of any freshwater wetland(s), buffer(s), floodplain(s), area(s) subject to flooding or area(s) subject to storm flowage and is not random, unnecessary or undesirable.

39. "In the vicinity of the coast" means those areas designated on maps under the jurisdiction of the CRMC and subject to the Rules and Regulations of this Part.

40. "Invasive species" means an alien species whose introduction does or is likely to cause economic or environmental harm, or harm to human health.

41. "Jurisdictional area" means, pursuant to R.I. Gen. Laws § 2-1-20(9), the following lands and waters, as defined within this Part, except as provided for in R.I. Gen. Laws § 2-1-22(k), that shall be subject to regulation under these Rules:

42. "Jurisdictional boundary" means the line determined by the Department and the Coastal Resources Management Council, pursuant to R.I. Gen. Laws § 46-23-6, that designates areas of freshwater wetland-related authority as depicted on the map in § 9.22 of this Part.

43. "Lentic" means a habitat or ecosystem characterized by standing water.

44. "Lotic" means a habitat or ecosystem characterized by flowing water.

45. "Low-flow period" means under normal conditions, the period from July 1 to October 31 of any calendar year.

46. "Low hazard dam" means a dam where failure or misoperation results in no probable loss of human life and low economic losses.

47. "Management procedures" means the definitions and procedures adopted by the CRMC in accordance with R.I. Gen. Laws Chapter 42-35 and contained in the CRMC Management Procedures (Part 10-00-1 of this Title).

48. "Marsh" means, consistent with R.I. Gen. Laws § 2-1-20(10), a place wholly or partly within the State of Rhode Island where a vegetational community shall exist in standing or running water during the growing season and/or shall be made up of one (1) or more of, but not limited to nor necessarily including all of the following plants or groups of plants: hydrophytic reeds (Phragmites), grasses (Gramineae), mannagrasses (Glyceria), cutgrasses (Leersia), pickerelweeds (Pontederiaceae), sedges (Cyperaceae), rushes (Juncaceae), cattails (Typha), water plantains (Alismataceae), burreeds (Sparganiaceae), pondweeds (Zosteraceae), frog's bits (Hydrocharitaceae), arums (Araceae), duckweeds (Lemnaceae), water lilies (Nymphaeaceae), water-milfoils (Haloragaceae), water-starworts (Callitrichaceae), bladderworts (Utricularia), pipeworts (Eriocaulon), sweet gale (Myrica gale), and buttonbush (Cephalanthus occidentalis).

49. "Mitigate" or "Mitigation" means a process undertaken by single or cumulative actions to avoid or lessen the damaging effects of human activities upon freshwater wetlands, buffers and floodplains and the functions and values that they provide prior to, during, or after the completion of any project or activity.

50. "Near or at the surface" means, as defined in R.I. Gen. Laws § 2-1-20(11), within eighteen inches (18") of the surface.

51. "Normal farming and ranching activities" means, consistent with R.I. Gen. Laws § 2-1-22(i)(1), projects and activities carried out by farmers, including plowing, seeding, cultivating, land clearing for routine agriculture purposes, harvesting of agricultural products, pumping of existing farm ponds for agricultural purposes, upland soil and water conservation practices, and maintenance of existing farm drainage structures, existing farm ponds and existing farm roads, and any other activity determined by the Division of Agriculture to constitute a normal farming activity.

52. "Obligate wildlife species" means wildlife that depend upon freshwater wetlands for all or part of their life cycle.

53. "Permit" means an authorization in the form of a document issued and signed by the CRMC, allowing a project or activity subject to specific terms and conditions in accordance with the Rules of this Part.

54. "Person" means any individual; corporation; partnership; public utility; nonprofit organization; trust; unincorporated association; Federal, State, county or local government, or any agency or subdivision thereof; or any other entity; or any combination of the foregoing.

55. "Pollutant" means any dredged material; solid waste; incinerator residue; sewage; garbage; sewage sludge; sediment; filter backwash; munitions; chemical wastes; biological materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; dirt; industrial or municipal or agricultural wastes or effluent; petroleum or petroleum products including but not limited to oil; or any material which will likely alter any one (1) or more of the following: the aesthetic, physical, chemical, biological or radiological characteristics or integrity of any freshwater wetland, buffer or floodplain.

56. "Pollution" means the human-made or human-induced alteration of the aesthetic, physical, chemical, biological or radiological characteristics or integrity of any freshwater wetland, buffer or floodplain as a result of the introduction of any pollutant to any freshwater wetland, buffer or floodplain.

57. "Pond" means, consistent with R.I. Gen. Laws § 2-1-20(12), a place natural or manmade, wholly or partly within the State of Rhode Island, where open standing or slowly moving water shall be present for at least six (6) months a year. For the purpose of the Rules of this Part, ponds exclude those places within the State of Rhode Island that meet the definition of vernal pool.

58. "Project" means planned or designed work or undertaking, and for the purpose of the Rules of this Part, the term project also indicates activities.

59. "Random, unnecessary, or undesirable alteration" means:

60. "Rare" means when used in the context of species or freshwater wetland types, those invertebrate and vertebrate animals or plant species or those freshwater wetland types that are listed as threatened, endangered, of special interest or of special concern by the Department or under the Federal Endangered Species Act (16 U.S.C. § 1531 et seq.). For the purpose of these Rules bogs, fens, Atlantic white cedar swamps, floodplain forests, freshwater pond shores with coastal plain species, sea level fens and freshwater tidal marshes are considered rare freshwater wetlands in Rhode Island.

61. "Recreational activities" means activities that include, but are not limited to, the following: education or nature studies, hunting, fishing, boating, canoeing, camping, trapping, water-skiing, swimming, ice skating, hiking, bird watching or other wildlife observations, photography, cross-country skiing, harvesting of natural foods or plant materials, and visual/esthetic appreciation of natural environments as a whole or in part.

62. "Restoration" means the result of actions that, in the opinion of the CRMC, reinstate or will reinstate, insofar as possible, the functions and values of a freshwater wetland, buffer, floodplain, area subject to flooding or area subject to storm flowage that has been altered.

63. "R.I. Gen. Laws" means the Rhode Island General Laws of 1956, as from time to time amended.

64. "River" means, as defined in R.I. Gen. Laws § 2-1-20(13), a body of water that is designated as a perennial stream by the United States Department of Interior Geologic Survey on 7.5-minute series topographic maps, and that is not a pond as defined within this Part.

65. "Rules" means the Rules and Regulations of this Part, which govern the administration and enforcement of the Act as applied to freshwater wetlands in the vicinity of the coast. Unless otherwise expressly stated, any reference herein to the Rules incorporates the relevant provisions of the Act.

66. "SAMP" means a Special Area Management Plan adopted by the CRMC.

67. "Sediment" means any organic or inorganic material that is in suspension, has been deposited, is being transported, or has been moved from its site of origin by natural or human action.

68. "Selective cut/cutting" means the cutting of trees or the mowing or cutting of shrubs or emergent vegetation which would result in:

69. "Setback" means, pursuant to R.I. Gen. Laws § 2-1-20(14), the minimum distance from the edge of a freshwater wetland or buffer at which an approved activity or alteration may take place.

70. "Significant alteration" means in the opinion of the CRMC, a proposed project which by its area, scope or duration, appears to represent more than a minimal change or modification to the characteristics, functions or values of any freshwater wetland(s), buffer(s), floodplain(s), area(s) subject to flooding or area(s) subject to storm flowage; may be detrimental to the basic natural capabilities or values associated with any freshwater wetland(s), buffer(s), floodplain(s), area(s) subject to flooding or area(s) subject to storm flowage; or appears to be random, unnecessary or undesirable.

71. "Standing water" means non-flowing water of any depth inundating the ground surface.

72. "Stream" means any flowing body of water or watercourse other than a river that flows long enough each year to develop and maintain a channel and that may carry groundwater discharge or surface runoff. Such watercourses may be intermittent streams and may not have flowing water during extended dry periods but may contain isolated pools or standing water.

73. "Submergent plant community" means a freshwater wetland characterized by plants that grow principally below the surface of the water for most of the growing season. Submergent plants are either attached to the substrate or float freely in the water.

74. "Substantial alteration of a dam" means, consistent with the Rules and Regulations for Dam Safety ( 250-RICR- 130-05-1), any physical modification to a dam that results in a permanent change in the water elevation of the reservoir or impoundment or in water flow downstream of the dam.

75. "Surface water" means water inundating the substrate or soil surface, regardless of depth.

76. "Swamp" means, consistent with R.I. Gen. Laws § 2-1-20(16), a place wholly or partly within the State of Rhode Island where groundwater shall be near or at the surface of the ground for a significant part of the growing season, or where runoff water from surface drainage shall collect frequently, and/or where a vegetational community shall be made up of a significant portion of one (1) or more of, but not limited to nor necessarily including all of the following: red maple (Acer rubrum), elm (Ulmus americana), black spruce (Picea mariana), white cedar (Chamaecyparis thyoides), ashes (Fraxinus), poison sumac (Rhus vernix), larch (Larix laricina), spice bush (Lindera benzoin), alders (Alnus), skunk cabbage (Symplocarpus foetidus), hellebore (Veratrum viride), hemlock (Tsuga canadensis), sphagnums (Sphagnum), azaleas (Rhododendron), black alder (Ilex verticillata), coast pepperbush (Clethra alnifolia), marsh marigold (Caltha palustris), blueberries (Vaccinium), buttonbush (Cephalanthus occidentalis), willow (Salicaceae), water willow (Decodon verticillatus), tupelo (Nyssa sylvatica), laurels (Kalmia), swamp white oak (Quercus bicolor), or species indicative of marsh. For purposes of this definition, "significant part of the growing season" means that period of the growing season when water is present long enough to support a plant community of predominantly hydrophytic vegetation.

77. "Terms and conditions" means any requirements specified by the CRMC which it deems necessary to prevent any authorized or permitted project or activity from reducing the functions and values associated with any freshwater wetland, buffer, floodplain, area subject to flooding or area subject to storm flowage; prevent any significant alteration which is not authorized; prevent the destruction of any freshwater wetland, buffer, floodplain, area subject to flooding or area subject to storm flowage; or portion thereof; or protect the health, welfare, and general well-being of the public.

78. "Undeveloped vegetated land" means an area of land that does not consist of buildings, impervious surfaces, bare gravel, lawn, or landscaped areas.

79. "Undue hardship" means an inappropriate, unsuitable, unlawful, or excessive standard or requirement levied upon an applicant. This does not include economic diminution in value.

80. "Utility" means any electricity, water, sewer, gas, oil or communication transmission line or pipe.

81. "Vernal pool" means, pursuant to R.I. Gen. Laws § 2-1-20(17), a depressional wetland basin that typically goes dry in most years and may contain inlets or outlets, typically of intermittent flow. Vernal pools range in both size and depth depending upon landscape position and parent materials. Vernal pools usually support one or more of the following obligate indicator species: wood frog (Lithobates sylvaticus), spotted salamander (Ambystoma maculatum), marbled salamander (Ambystoma opacum), and fairy shrimp (Eubranchipus spp.) and typically precludes sustainable populations of predatory fish.

82. "Water quality improvement project" means a project whose sole purpose is to eliminate or minimize conditions that cause or contribute to water quality degradation.

83. "Width during normal flow" means the distance between the opposite edges of the flow channel of a river or stream as determined by the criteria set forth in § 9.18(C) of this Part.

84. "Wildlife" means any vertebrate or invertebrate animal species which may reproduce in, rest in, feed in, or otherwise utilize any freshwater wetland or buffer regulated by this Part.

85. "Wildlife habitat" means those freshwater wetlands or buffers that provide breeding, nursery, resting, travel or feeding areas for birds, fish, reptiles, mammals, amphibians, or invertebrates, as well as the biotic and abiotic characteristics of freshwater wetlands or buffers that may provide food, cover, breeding sites, or other support systems for these life forms.

86. "Wildlife habitat project" means a project whose sole purpose is to create, restore or enhance wildlife habitat.