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-20-00-9.5 - Applicability and Regulated Activities

1. Bermed spill containment areas;

2. Commercial or industrial ponds created for the purpose of providing cooling water;

3. Concrete or poly-lined ponds;

4. Construction dewatering basins;

5. Ditches which are stormwater channels that do not flow into, flow out of, or connect freshwater wetlands;

6. Ornamental or reflecting pools that are lined and were not created in freshwater wetlands;

7. Puddles which are small, shallow pools of water that form temporarily on pavement or uplands during or immediately after a precipitation event, and that do not contain hydrophytic vegetation or hydric soil typical of freshwater wetlands and do not meet the definition of vernal pool;

8. Stormwater control features excavated, constructed or installed to convey, store, or treat stormwater runoff, including detention basins, retention basins, bio-retention basins, bio-filtration areas, rain gardens, and wet vegetated treatment systems;

9. Wash ponds created for, and that have been in continuous use as part of, an existing or approved mining operation;

10. Lagoons created for the purpose of wastewater treatment; and

11. Ponds created for the purpose of recycling wastewater.

1. The DEM shall retain authority over farming-related projects and activities undertaken by farmers, as defined in § 9.4(A) of this Part, involving freshwater wetlands in the vicinity of the coast consistent with R.I. Gen. Laws §§ 2-1-22(i), 2-1-22(j) and 46-23-6(2)(iv).

2. The DEM shall retain authority over any permits issued prior to January 1, 2002, that are the subject of an outstanding compliance order or other formal administrative, civil or criminal legal action initiated by the DEM for the purpose of litigating or settling that action.

3. The DEM shall retain authority over any permits or permit applications acted upon by the DEM prior to January 1, 2002, to permit the DEM to defend or settle any legal proceedings brought against it as a result of those actions.

4. Any compliance order issued or other civil or criminal enforcement action taken by the DEM prior to August 18, 1999, shall continue to be subject to the DEM authority and to be governed by the Rules and Regulations in effect at the time the order was issued or action taken.

5. Permits issued by the DEM for projects that lie on or that straddle the jurisdictional boundary shall be administered by the DEM in accordance with § 9.3(C) of this Part below.

6. Projects and activities located within the boundary of the CRMC Salt Pond Region Special Area Management Plan (SAMP), Part 3 of this Subchapter, or the Narrow River SAMP, Part 4 of this Subchapter, and which constitute a watershed activity as defined therein may be subject to CRMC requirements for larger buffers or setbacks in accordance with Part 3 and Part 4 of this Subchapter.

1. If the project is located entirely or partially either within a CRMC Special Area Management Plan or within two hundred feet (200') of a coastal shoreline feature, as defined by CRMC, then CRMC shall be the freshwater review agency.

2. If the project is located entirely outside of any CRMC Special Area Management Plan and beyond two hundred feet (200') of a coastal shoreline feature, as defined by CRMC, then the DEM shall be the freshwater review agency.

1. If all of the freshwater wetlands are located seaward of the boundary, then CRMC shall be the freshwater wetland review agency.

2. If all of the freshwater wetlands are located inland of the boundary, then the DEM shall be the freshwater wetland review agency.

3. If the wetlands lie on both sides of the jurisdictional boundary and the project is non-linear in character, then:

4. For linear projects that are on both sides of the jurisdictional boundary, the DEM and CRMC shall jointly determine which agency will serve as the freshwater wetland review agency. This determination shall be made on a case-by-case basis in response to a written request from an applicant to CRMC, and be based on the following: the extent and location of the freshwater wetland or wetlands, the area and proximity of potential land disturbance, and the guidelines set forth in any applicable watershed plan. Within ten (10) business days of the receipt of a request for clarification from an applicant, the agency that retains jurisdiction shall so inform the applicant. Upon written notice to the applicant, the agency may extend the ten (10) day deadline for up to an additional ten (10) business days for any reason. Although the goal of these provisions is to promote the designation of a single review agency, in the event that a project includes potential freshwater wetland, buffer or floodplain alterations on both sides of the jurisdictional boundary, the DEM and CRMC reserve the right to jointly exercise their authority.

1. Result in a change to the normal surface run-off characteristics which increases the rate or volume of water flowing into, or draining or diverting water away from, freshwater wetlands or buffers.

2. Result in diversion of groundwater into or away from freshwater wetlands or buffers.

3. Result in a modification to the quality of water reaching freshwater wetlands or buffers which could alter their natural character.

4. No project or activity that may or will alter a freshwater wetland, buffer, floodplain, area subject to flooding or area subject to storm flowage may be undertaken unless it conforms at all times to all applicable permits and permit terms and conditions, and all representations made in all applicable permit applications.