250 R.I. Code R. 250-RICR-150-15-1.5

Current through November 7, 2024

Section 250-RICR-150-15-1.5 - Regulated Activities

A. Prohibitions

1. Except as provided in § 1.6 of this Part, a proposed project or activity which may alter any freshwater wetland may not be undertaken without a permit from the Department. Specifically, no person may excavate; drain; fill; place trash, garbage, sewage, road runoff, drainage ditch effluents, earth, rock, borrow, gravel, sand, clay, peat, or other materials or effluents upon; divert water flows into or out of; dike; dam; divert; clear; grade; construct in; add to or take from or otherwise change the character of any freshwater wetland as defined herein, in any way, without first obtaining a permit from the Department.

2. In addition to those projects or activities proposed either partially or wholly within freshwater wetlands, projects or activities taking place outside of freshwater wetlands which in all likelihood, because of their close proximity to wetlands, or because the size or nature of the project or activity will result in an alteration of the natural character of any freshwater wetland, may not be undertaken without a permit from the Department. Such projects generally include those which:

a. 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 by such activities as:

(1) Creating or significantly increasing impervious areas;

(2) Modifying run-off characteristics by grading significant amounts of land area or clearing and permanently modifying significant amounts of vegetative cover on areas draining to freshwater wetlands;

(3) Diversion of and concentration of surface run-off through swales, ditches, grading, drainage systems and other surface run-off conveyance systems to or away from freshwater wetlands; or

b. Result in diversion of groundwater into or away from freshwater wetlands by:

(1) Installation of subdrains which will lower groundwater elevations supplying freshwater wetlands or increase flow into wetlands;

(2) Installation of underground utilities bedded in pervious materials which may act as a subdrain to divert groundwater away from, or concentrate such water to freshwater wetlands;

(3) Installation of wells, other than wells intended for a single family home, which will remove significant amounts of water supplying or affecting any freshwater wetland; or

c. Result in a modification to the quality of water reaching freshwater wetlands which could change their natural character; or

d. Result in construction of a "new" onsite wastewater treatment system (OWTS) as defined by the Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations), Subchapter 10 Part 6 of this Chapter, where the leaching field of the OWTS is located within fifty feet (50') of any emergent, shrub or forested wetland; special aquatic site; area subject to flooding; or area subject to storm flowage.

3. No project or activity that may or will alter a freshwater wetland pursuant to §§ 1.5(A)(1) and (2) of this Part above 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.

B. Application Types and Decisions Available

1. These Rules provide for the following types of application, with the Department's actions and potential results as noted:

a. Request to Determine the Presence of Wetlands: The Department will inspect the applicant's property to determine whether a regulated wetland is present on the property. If a regulated wetland is identified, the Department will identify the type(s) of such wetlands (see § 1.8(B) of this Part). The Department possesses the sole authority to determine which areas are deemed freshwater wetlands.

b. Request to Verify Wetland Edges: The Department will inspect wetland edge(s) delineated by the applicant and, if in substantial agreement with the documentation provided, will confirm the presence of identified wetlands and the location of their delineated edges (see § 1.8(C) of this Part). Furthermore, the Department will identify the type(s) of wetland(s) verified.

c. Request for Regulatory Applicability: The Department will review information provided by the applicant and will either confirm that a proposed project does not require a permit or will inform the applicant that further application is required in accordance with these Rules (see § 1.8(D) of this Part).

d. Request for Preliminary Determination: The Department will review documents submitted by the applicant in support of the proposed project and will issue a permit, with conditions, for an insignificant alteration of freshwater wetlands; issue a determination that a significant alteration has been proposed; or issue a determination that a permit is not required (see § 1.9(A) of this Part). A determination that a project represents a significant alteration is not a denial of a permit.

(1) For single family lots, an applicant may choose to submit to the Department a Joint OWTS Application for New Building Construction or for Alteration to a Structure and a Request for Preliminary Determination, herein referred to as a Joint OWTS/Freshwater Wetlands Application. The applicant must satisfy the requirements of these Rules, and the Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems, Subchapter 10 Part 6 of this Chapter, as amended.

e. Application to Alter a Freshwater Wetland: This application must be submitted to obtain a permit for a proposed project that will, or is likely to, result in a significant alteration of a freshwater wetland. After thorough review of the application, including public comments received during the required 45-day notice period, the Department may either issue a permit to alter freshwater wetlands or deny the application (see § 1.10 of this Part).

f. Application for Emergency Alteration: This application must be submitted either by the owner of the property or an appropriate official, orally or in writing, to request a permit for an emergency alteration in the event that public health or safety is at imminent risk (see § 1.11(A) of this Part).

g. Application for Permit Renewal: This application must be submitted to renew a freshwater wetland permit that was granted as a result of a Request for Preliminary Determination or an Application to Alter a Freshwater Wetland (see § 1.11(B) of this Part).

h. Application for Permit Modification: This application must be submitted to request approval of a minor modification to a previously permitted project (see § 1.11(C) of this Part).

i. Application for Permit Transfer: This application may be submitted to request the transfer of a valid permit to a new property owner (see § 1.11(D) of this Part).

j. Application Relating to Farmers: In general, this application must be submitted directly to the Department's Division of Agriculture and Resource Marketing for a determination as to whether the project represents an insignificant or a significant alteration in accordance with these Rules (see § 1.11(E) of this Part).

250 R.I. Code R. 250-RICR-150-15-1.5