250 R.I. Code R. 250-RICR-150-15-1.17

Current through November 7, 2024

Section 250-RICR-150-15-1.17 - Appendix 1: Insignificant Alterations

A. In accordance with § 1.9 of this Part, the Department may issue a permit for projects submitted under a Request for Preliminary Determination Application provided the project represents, in the opinion of the Department, an insignificant alteration. The purpose of this section is to allow applicants and the public to determine with some likelihood what, under normal circumstances, represents an insignificant alteration.

B. The following represent examples of insignificant alterations; however, other types of alterations not described in this § 1.17 of this Part also may be considered insignificant. In addition, the applicant should be aware that certain circumstances peculiar to specific wetlands, the surrounding area, site conditions, and the project, may result in a determination by the Department that a particular proposal represents a significant alteration and therefore requires filing of an Application to Alter a wetland and a permit from the Department. Therefore, even if a project appears to fit within the examples of insignificant alterations in this § 1.17 of this Part, approval by the Department cannot be guaranteed. In addition, the proponent of a project that conforms or appears to conform to the examples of insignificant alterations still must seek a permit from the Department through a Request for Preliminary Determination before proceeding with the project. Further, the project must not result in the disturbance or destruction of any rare species or rare wetland type.

C. Examples of insignificant alterations include the following:

1. Construction and installation of a single new dock or single detached floats only where:

a. The dock is supported by floats or piles, extends perpendicular to the shoreline out to, but not exceeding, twenty feet (20'), and does not exceed six feet (6') in width;

b. The float does not exceed one hundred and twenty (120) square feet in area;

c. The installation and placement of the dock or float poses no hazard to boating safety or navigation in any body of water including any pond, river, or stream;

d. The dock or float is placed no closer than twenty feet (20') to any neighboring property line on land or superficially extending over the waterbody;

e. Any new access paths to the dock do not exceed five feet (5') in width, and do not result in fill, road construction, or any other clearing of the wetlands for access;

f. The dock does not extend into or obstruct a floodway; and

g. Pilings or posts permit reasonably unobstructed flow of water.

2. Minor revisions to residential or small lot commercial or industrial projects already approved by the Department only where:

a. The revised alterations do not expand the area of disturbance any farther into wetlands so as to negatively affect functions and values; and

b. Compensation for loss in flood storage volume is maintained as approved.

c. Such projects may include the revised location or configuration of structures, the minor relocation of onsite wastewater treatment systems (consistent with § 1.10(E)(3) of this Part), walls, utility lines, or grade changes.

3. Construction and development activities that are not exempt pursuant to §§ 1.6(E) and (F) of this Part and are within wetland areas already developed for human activity only where:

a. The area for proposed construction is now occupied by approved or existing buildings, parking or paved area, equipment storage, or materials storage;

b. The construction and development does not propose to expand into wetlands which would result in impacts on wetland functions and values; and

c. The applicant complies with all requirements in these Rules associated with changes in runoff, water quality, and flood storage.

d. In such projects where a more intensive use of the property is proposed which would result in increases in the level or duration of noise, lighting or other activities which could impact wildlife in adjacent natural wetlands, a well-designed buffer zone must be incorporated into the project design and placed between the project and any remaining undeveloped wetland.

4. Minor excavated pond construction (less than one-quarter (1/4) acre for new ponds and re-excavation for existing ponds) only where:

a. The pond is located mostly adjacent to, or only partially in, any swamp, marsh, or other emergent, shrub or forested wetland;

b. All spoils from excavation are removed to an upland location away from all wetlands;

c. The construction or re-excavation does not result in the diversion, damming, or diking of any type of watercourse other than surface seepage from groundwater discharges;

d. Re-excavation of an area less than 2,500 square feet of existing pond is accomplished for maintenance purposes to remove accumulated inorganic sediments or concentrated areas of problem emergents or aquatic weeds such as tall reed (Phragmites australis) or purple loosestrife (Lythrum salicaria). The excavation must be limited to concentrated problem areas and must incorporate all proper controls to protect the adjacent wetland environment; and

e. The activity does not result in the loss of the only natural vegetated area adjacent to a swamp, marsh, or other emergent, shrub or forested wetland.

f. Such projects must either incorporate the use of a well-designed buffer zone to minimize impacts to wildlife, or be sufficiently away from human activity so as to minimize interaction between humans and wildlife.

5. New construction and development of residential homes, commercial or industrial buildings and subdivisions incorporating such construction only where:

a. The construction and all associated activity is proposed outside of all wetlands (including perimeter and riverbank wetlands);

b. The project is designed to meet or exceed, and the applicant's registered professional engineer certifies that the project will meet or exceed, all best management practices to prevent the alteration of freshwater wetland functions and values due to changes in run-off/stormwater flows, water quality, flood storage, and erosion and sedimentation. Best management practices in this case must, at a minimum, address the requirements and recommendations of the latest version of the RISDIS Manual, Subchapter 10 Part 8 of this Chapter, and the RISESC Handbook.

c. The project design ensures the protection of all wetland functions and values (e.g., the design does not propose a building or structure at the edge of wetlands without considering the extent of clearing, grading and soil disturbance which may be necessary for equipment access, safety and other normal construction activity and human use needs).

6. Utility line or pipe installation where:

a. The installation of the line or pipe is taking place within an existing maintained (cut/cleared) utility easement which already contains utility lines or pipes;

b. Wetlands within the maintained (cut/cleared) existing utility easement are only temporarily altered to install the line or pipe;

c. Culverts and the flow of water under bridges in roads or highways are not permanently blocked or disrupted by going under or attaching to such structure;

d. The project does not cause any diversion of ground or surface water to or from any wetlands;

e. The preconstruction contours are restored immediately upon installation;

f. All work in any wetlands in the easement is undertaken during low-flow periods;

g. All disturbed areas are revegetated after restoring contours; and

h. The project design incorporates best management practices for dewatering excavated areas.

7. Replacement of existing or approved bridges and culverts other than those exempt pursuant to § 1.6(C)(1)(b) of this Part only where:

a. The replacement structure is similar to the existing structure in terms of physical size, invert elevations and flow capacity;

b. Soil disturbance and construction activity in flowing water are reduced to the maximum extent possible; and

c. The replacement structure accommodates and provides for wildlife passage where applicable.

8. Driveway and access road construction over watercourses such as drainage ditches, and areas subject to storm flowage only where:

a. The watercourse and its adjacent banks are located within heavily developed residential, commercial or industrial areas;

b. The driveway or access road is designed only to widths necessary to safely pass vehicles;

c. The watercourse is not within another type of wetland such as a swamp, marsh, bog, pond or other emergent, shrub, or forested wetland, special aquatic site, perimeter wetland, or riverbank;

d. All culverts are designed to meet the protection requirements of wetland functions and values as specified in these Rules; and

e. All flood displacement issues in these Rules are addressed.

9. Rhode Island Department of Transportation roadway improvements to existing or approved state roads and highways only where:

a. Alterations are maintained within the existing limits of road or highway slopes and shoulders;

b. Drainage patterns are maintained similar to previous conditions and designs; and

c. The design incorporates all requirements of these Rules for changes in runoff, stormwater, culvert design, flood control, water quality and sedimentation and erosion controls.

10. Well and water supply line installation for individual residential lots other than those exempt pursuant to §§ 1.6(C)(1)(r) or 1.6(E)(1)(g) of this Part where:

a. The location of the well and water supply line are maintained outside of any swamp, marsh, pond, bog, special aquatic site, or other emergent, shrub, or forested wetland, river, stream or watercourse;

b. Wells and water supply lines installed within a perimeter wetland or riverbank wetland meet other regulatory restrictions in these Rules, and no other feasible upland alternative is available;

c. All wetland disturbance needed for access of well drilling equipment and installation of the well and any water supply line is limited to the maximum extent possible; and

d. Following installation, the wetland area is revegetated.

250 R.I. Code R. 250-RICR-150-15-1.17