250 R.I. Code R. 250-RICR-150-15-1.11

Current through November 7, 2024

Section 250-RICR-150-15-1.11 - Other Application Types

A. Application for Emergency Alterations

1. 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 Department. Oral approval of an emergency alteration, other than those alterations specified in § 1.6 of this Part, may be granted by the Department 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 Freshwater Wetlands Program for consideration of individual emergency situations.

a. An oral or written request for permission to proceed with an emergency alteration must be made to the Freshwater Wetlands Program, Office of Water Resources, 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;

b. The request must inform the Department of at least the following:

(1) An explanation of the problem necessitating an emergency alteration;

(2) The reason why the problem represents an imminent threat to health and safety;

(3) The location of the area in which corrective activity is required;

(4) The proposed actions necessary to correct the problems;

(5) The person responsible for overseeing the activity, including immediate means of contact; and

(6) The means proposed to restore the wetland area following the emergency alteration, as appropriate.

c. Any emergency alteration undertaken shall not result in a permanent alteration of any wetland, except as allowed for dam safety as approved by the Department in accordance with the Rules and Regulations for Dam Safety, Part 130-05-1 of this Title. The applicant must, in so far as possible, restore the wetland area to prevent or minimize any permanent alteration. Such restoration must be undertaken in accordance with requirements provided by the Department;

d. Alteration of wetlands shall not exceed work beyond that necessary to abate the emergency;

e. Unless otherwise informed by the Department following its inspection of the site, the applicant must submit an as-built site plan or a plan of restoration to the Department 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 wetlands 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 § 1.7(A)(3) of this Part;

f. The time limitation for performance of an emergency alteration shall not exceed ten (10) days following initial approval by the Department unless written approval for an extension is obtained from the Department; and

g. Following submission of the as-built site plan required in § 1.11(A)(1)(e) of this Part, 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 Department.

B. Application for Permit Renewal

1. An Application for Renewal is required to renew any permit issued as a result of an Application to Alter or a Request for Preliminary Determination.

2. The application shall be made on a form specified by the Department on which the applicant must stipulate that she or he is requesting renewal of the permit for the original or subsequently modified permitted project. For renewal of a permit, the applicant must further stipulate that he or she understands the permit limitations and will comply with any and all conditions of the permit.

3. Only the original permittee or subsequent transferee may request renewal of the permit.

4. Any Application for Renewal should be submitted no later than sixty (60) days before the permit or renewal permit expiration date.

5. An Application for Renewal of a permit shall be limited to requests to continue or complete the originally permitted alteration of wetlands. Any modifications to the original proposal, other than permitted modifications, shall require a new application, or an Application for Permit Modification.

6. An Application for Renewal of a permit will not be granted, if, in the opinion of the Department, work has taken place in non-compliance with the original permit or any renewal thereof, in non-compliance with the Act or any of these Rules, or if the applicant revises his or her project such that there is a change in proposed wetland alterations.

C. Application for Permit Modification

1. Prior to the expiration of a valid permit, a permittee may apply to the Department 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 Department. Any modifications must be minor in nature in relation to the originally permitted project.

2. The application shall be made on a form prescribed by the Department and must be completed and submitted with revised plans for the Department'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 § 1.7(A)(3) of this Part).

3. 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.

4. An Application for Permit Modification will not be approved if, in the opinion of the Department, 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 Department; increase the anticipated impacts from that previously permitted by the Department.

5. Following receipt of an Application for Permit Modification, the Department may:

a. Issue a revised permit for the modified project; or

b. Inform the applicant that the modifications requested require a new application.

6. The filing of this application shall not stay or modify any time limitation or condition of the permit.

D. Application for Permit Transfer

1. Any valid permit issued by the Department 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.

2. A new owner may complete and submit an Application for Permit Transfer to receive a permit in the new owner's name provided that the following information is submitted:

a. A certified copy of the deed of transfer of the property subject to the permit;

b. 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

c. A completed application form (§ 1.7(A)(1) of this Part) and the application fee (§ 1.7(A)(11) of this Part).

3. The filing of this application shall not stay or modify any time limitation or condition of the permit.

E. Applications Relating to Farmers

1. Applications relating to wetland alterations by farmers, except in accordance with § 1.11(E)(5) of this Part, must be submitted by the farmer directly to the Department's Division of Agriculture and Resource Marketing. The Division of Agriculture and Resource Marketing requires documentation that the activity undertaken is in accordance with the definitions set forth in R.I. Gen. Laws §§ 2-1-22(i) and (ii).

2. Applications shall be in writing and on a form prescribed by the Division of Agriculture and Resource Marketing.

3. The farmer shall include appropriate plans and drawings to a scale of not less than one inch to one hundred feet (1"=100') with the application. The Division of Agriculture and Resources Marketing requires that submitted plans, designs and drawings are in accordance with standards set by the United States Department of Agriculture, Natural Resources Conservation Service or these Rules.

4. The Division of Agriculture and Resource Marketing shall review such applications in conformance with R.I. Gen. Laws § 2-1-22(i). Pursuant to this review, the Division of Agriculture and Resource Marketing shall notify the applicant and the Freshwater Wetlands Program, in writing, whether the proposal is an insignificant alteration. If so, the applicant will be issued a permit by the Division of Agriculture and Resource Marketing.

5. If the proposal is a significant alteration, the applicant must submit an Application to Alter a Freshwater Wetland to the Freshwater Wetlands Program consistent with these Rules.

250 R.I. Code R. 250-RICR-150-15-1.11