250 R.I. Code R. 250-RICR-150-15-1.7

Current through November 7, 2024

Section 250-RICR-150-15-1.7 - General Application Requirements

A. § 1.7 of this Part describes general application requirements and provisions. Specific requirements are described in §§ 1.8 through 1.11 of this Part.

1. Application Forms and Their Submission

a. Forms Available: Forms for submitting all applications as set forth in the Act and these Rules are available at the Department, except that applications involving farming activities referred to in R.I. Gen. Laws § 2-1-22(i)(2) and § 1.11(D) of this Part herein, are available at the Division of Agriculture and Resource Marketing.

b. Where to Submit: All applications involving freshwater wetlands must be submitted for processing directly to the Freshwater Wetlands Program, except that any applications involving farming activities specifically referred to in R.I. Gen. Laws § 2-1-22(i)(2) must be submitted directly to the Division of Agriculture and Resource Marketing.

c. What to Submit: It is the responsibility of each applicant to submit a complete application package, including an original application form and any additional supporting information required by the Department. The application must be accompanied by full payment of the application fee (§§ 1.7(A)(10) and 1.7(A)(11) of this Part).

d. Who May Submit: The applicant must be the owner or owners of the property or easement that is the subject of the application, or it must be the government agency or entity with power of condemnation over such property or easement.

e. Notification of Applicant and Agents: The Department will mail notices and other written communications regarding the application to the applicant and to the applicant's attorney, agent or other representative if, at the time the application is filed, the applicant so informs the Department in writing of his or her name and mailing address.

2. Signatures

a. All application forms must be signed by the applicant, and the applicant's name must be clearly printed near the signature. In cases where a power of attorney is exercised, a notarized copy of the power of attorney must be attached to the application.

b. In cases where the property is owned or controlled by a person that is not an individual, the application shall be signed as follows, and shall be accompanied by the titles of all such signatories:

(1) For a corporation, company, fire district, association, club, non-profit agency or other entity not specifically identified in this § 1.7(A)(2)(b) of this Part: by an officer with legal authority to bind the appropriate entity;

(2) For a partnership: by a general partner;

(3) For a municipal, state or federal government, or any division, subdivision or agency thereof: by either a principal executive officer or by a ranking elected official. For purposes of this section, a principal executive officer of a governmental agency includes:

(AA) The chief executive officer of the agency, or

(BB) A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency;

(4) For an estate: by the executor/executrix or administrator of the estate.

c. Except as noted below, applicants proposing projects on their own property that involve wetland alterations either partially or wholly on property owned or controlled by others must obtain written notarized authorization from the landowner of the property within which freshwater wetlands will be directly altered as a result of a proposed project. Such written, notarized authorizations must be provided to the Department and must expressly authorize the applicant to apply for the proposed site alterations as depicted on the site plans submitted with the application. The authorizing landowner does not become an "applicant' as described in § 1.7(A)(1)(d) of this Part by granting such written notarized authorization to an applicant. Written notarized authorization shall not be required for freshwater wetland alterations associated with full or partial removal of a dam proposed for the purpose of habitat improvement, restoration or dam safety. The surface water (impounded) upstream of the dam must be considered a flowing body of water, and not a pond, both prior to and after completion of the project. This exemption applies subject to confirmation by the Department.

d. If the applicant is a government agency or entity, the agency or entity must demonstrate that it owns the property or holds an easement of sufficient scope to cover the proposed project; or has the requisite power of condemnation with regard to the relevant area. In such cases, authorization from each property owner who owns property containing freshwater wetlands that will be altered as a result of a proposed project is not required.

e. Any change in property ownership during the processing of any application will require the following:

(1) The submission of a new application form with the identity of the new owner and appropriate signatures; and

(2) A certified copy of the deed of transfer for Applications to Alter only.

3. Site Plan Requirements

a. Site plans must be submitted with the following application types: Request to Verify Wetland Edges § 1.8(C) of this Part; Request for Preliminary Determination § 1.9 of this Part; Application to Alter a Freshwater Wetland § 1.10 of this Part; and Request for Permit Modification § 1.11(C) of this Part. Site plans may be required for other application types as specified below and in §§ 1.8 through 1.11 of this Part.

(1) For a Request to Determine the Presence of Wetlands, a site plan, while desirable, is not required, as described in § 1.8(B) of this Part.

(2) For a Request for Regulatory Applicability, plan requirements are described in § 1.8(D) of this Part.

(3) For a Request for Emergency Alteration, a site plan may be required, as described in § 1.11(A) of this Part.

b. The correct number of site plans required by the application package must be provided at the time of submission. If additional plans are required, the applicant will be informed and must submit them.

c. All site plans must be drawn to scale. The scale of all plans must be no smaller than one inch = one hundred feet (1" = 100'); however, a larger scale is preferred (e.g., one inch = forty feet (1" = 40'). Where additional detail is required to complete its evaluation, the Department may require larger scaled details.

d. All site plans must be at least 8-1 /2" x 11" in size but no larger than 24" x 36".

e. All site plans must contain a title block, the original date of the plan, and the latest revision date of the plan if applicable. The title block must include the name of the person or party involved, the proposed project title, if any, the principal street or road abutting the site, the tax assessor's plat and lot number(s), the city or town, the name of the preparer, and the scale of the plan.

f. All site plans containing more than one (1) sheet must be numbered consecutively (specifically: "page 1 of [total number of sheets]," and so forth).

g. All site plans must contain a legend which explains all markings or symbols.

h. All site plans must have all markings permanently fixed. Site plans that are pieced together with tape or contain markings of pen, pencil, crayon, markers or other items that can be changed or altered at a later date are not acceptable. Blueline or blackline prints or photocopies of originals are acceptable.

i. All site plans must depict at least the following:

(1) Street(s) abutting the site with fixed reference points, (e.g., utility poles and numbers, house and number, and any other similar structures);

(2) Distance and direction to nearest street intersection;

(3) Magnetic North Arrow;

(4) Entire property boundary outline and dimensions, which may be shown on a separate plan sheet;

(5) Inset map showing location of site in the community;

(6) Any other fixed referenced points including, but not limited to, stone walls, buildings, fences, edge of fields/woods, trails, access roads, and parking lots; and

(7) Scale of plans.

j. All site plans indicating physical features, distances, contour elevations, property lines, wetland edges, or other information provided as baseline data must clearly note whether such information was obtained by on-site survey, by aerial photogrammetry sources, or by reproduction from other maps or plans. Site plan information obtained from aerial photogrammetry sources or by reproduction from other plans or maps must provide an estimate of the maximum possible horizontal or vertical error between the information provided and the actual on-site conditions. Site plans developed from on-site surveys must clearly note what class or standard the survey meets.

k. All site plans submitted with a Request to Verify Wetland Edges, a Request for Preliminary Determination or an Application to Alter a Freshwater Wetland must accurately depict the edge of all freshwater wetlands in accordance with § 1.7(A)(4) of this Part.

l. All site plans submitted for review or approval of a proposed project shall include and depict the following, where applicable:

(1) Where changes to grades are proposed, both current and proposed contour line elevations at maximum intervals of two feet (2') and where no changes to grades are proposed, include a notation which so indicates;

(2) Profiles and cross sections drawn to scale;

(3) A labeled 'limit of disturbance' that encloses all proposed temporary and permanent vegetative clearing and surface or subsurface disturbance associated with the proposed project;

(4) All temporary and permanent erosion and sediment controls;

(5) All temporary and permanent stormwater, flood protection and water quality management controls, and all best management practices;

(6) All proposed measures to conduct, contain or otherwise control the movements of surface water, groundwater, or stormwater flows; and the ultimate destination of such flows;

(7) Any and all construction activities either above or below the earth's surface which may affect any wetland including the height of planned buildings;

(8) Any additional specific requirements contained in the application package checklist for proposed projects; and

(9) A maintenance schedule of all proposed water quality and stormwater control structures.

m. Each site plan sheet prepared by a registered professional must bear the stamp of that professional, along with the date and his or her signature. Site plans submitted for an Application to Alter a Freshwater Wetland must, pursuant to R.I. Gen. Laws § 2-1-22, bear the stamp and signature of a Registered Professional Engineer.

4. Wetland Edge Requirements

a. Depiction on Site Plans - All site plans must accurately depict the following freshwater wetland edges as follows:

(1) The edge of any swamp, marsh, bog; pond, emergent or submergent plant community, shrub or forested wetland, or any special aquatic site;

(2) The edge of any river, stream, intermittent stream, area subject to flooding or area subject to storm flowage;

(3) The edge of any fifty-foot (50') perimeter wetland;

(4) The edge of any one hundred foot (100') or two hundred foot (200') riverbank wetland;

(5) The edge and elevation of any flood plain and the limit of any floodway (Note: The Department may grant an exception to this requirement when a) pre-determined 100-year flood elevations are not available from published sources including previous engineering studies; and b) when a Registered Professional Engineer provides clear and convincing documented evidence that the project site is above any probable 100-year flood elevation); and

(6) The name of any surface or flowing water body or any other wetland where applicable.

b. Delineation of Wetland Edges - Each wetland edge shall be identified on the property as follows:

(1) The wetland edge shall be flagged with sequentially numbered or lettered flags. Flags must be placed at the wetland edge in sufficient numbers to clearly identify the edge. The distance between flags must allow for adequate visibility from one flag to another;

(2) The wetland edge shall be surveyed and recorded on a site plan showing the locations and numbers/letters of the flags corresponding with those flags at the site.

(3) Field delineation of wetland edges may not be required in the following instances:

(AA) The wetland has well-defined edges, provided that the edges are otherwise accurately located, depicted and labeled on the site plans;

(BB) The proposed project will be sited in an already disturbed area, and sufficient fixed references are available to allow for on-site confirmation of wetland edges (in such cases, depiction on site plans of approximate wetland edges will be acceptable); or

(CC) The wetland is on adjacent or nearby property, provided that the depiction of wetland edges on the site plans submitted pursuant to this Rule is based on best available mapping or other reliable information and sufficient fixed references are available to allow for onsite confirmation.

(4) Field delineation of the edges of rivers, streams, areas subject to storm flowage, perimeter wetlands, riverbank wetlands or floodplains is not required.

c. Use of Global Position System (GPS) technology to delineate wetland edges is permissible only if GPS results are at least as accurate as a ground survey. The use of GPS must be so noted on site plans, and the Department reserves the right to require standard ground survey.

5. Additional Site Work

a. To facilitate site inspection by the Department, the applicant must perform site work to clearly identify and label the following activities and features:

(1) Property boundaries in or adjacent to wetlands, if few or no fixed reference points are available;

(2) Wetland edges, in accordance with §§ 1.7(A)(4) and 1.18 of this Part, flagged for verification or for review of a proposed project;

(3) Periodic points of reference to the proposed project;

(4) The boundary of the outermost limit of disturbance (e.g., filling, clearing, soil disturbance);

(5) Outlines of proposed ponds and detention and retention basins;

(6) Subdivision lots and numbers;

(7) Corner locations of proposed structures in or adjacent to wetlands;

(8) Corner locations of proposed septic systems on proposed lots containing wetlands (staked and labeled);

(9) Center lines of roadways, pipelines and utility lines, with station numbers indicated; and

(10) Centerlines of proposed drainage channels.

6. Requirements Regarding Use of Professionals

a. State or other law, including these Rules, may require professionals to prepare site plans, specifications, reports or other documents related to activities subject to these Rules. The applicant, or the respondent in matters concerning enforcement actions, is responsible for engaging or employing any and all such professionals. Such licensed professionals shall affix their stamp, signature and date of signing upon those plans, specifications, documents, or portions thereof, for which they are responsible.

b. When a Registered Professional Engineer is engaged, all engineering work that applies to the project application (e.g., drainage calculations and drainage narrative) must be stamped by the engineer; and the engineer shall be registered in the State of Rhode Island.

c. These Rules require, or provide the Department with discretion to require, the use of a Registered Professional Engineer in the following instances:

(1) Pursuant to R.I. Gen. Laws § 2-1-22, site plans submitted for an Application to Alter a Freshwater Wetland must bear the stamp and signature of a Registered Professional Engineer.

(2) The flood plain edge must be established by a Registered Professional Engineer if 100-year flood plain data are unavailable from FEMA.

(3) Where pre-determined 100-year flood elevations are unavailable, the applicant must provide clear and convincing documented evidence prepared by a Registered Professional Engineer that the project site is above any probable 100-year flood elevation.

(4) With regard to an Application to Alter a Freshwater Wetland, the Department may require written certification from a Registered Professional Engineer attesting to the completion of all engineered portions of the project that are described or referred to in the permit and on the approved site plans.

d. As further described in guidance documents available from the Department, applicants are strongly advised to retain the services of qualified professionals with the educational background and experience necessary to perform the following tasks:

(1) Identification and delineation of freshwater wetland edges §§ 1.7(A)(4) and 1.18 of this Part; and

(2) Evaluation of wetland functions, values, and impacts § 1.10(B)(5) of this Part.

e. The Estimated Construction Cost (ECC) for certain types of proposed projects or activities must be documented and prepared by an appraiser, general contractor, engineer, land surveyor, architect, landscape architect or another appropriately qualified professional § 1.7(A)(10) of this Part.

f. Professionals who have prepared assessments, evaluations, recommendations, or reports on behalf of an applicant or respondent in matters involving enforcement of these Rules must document their participation in such matters.

g. For a determination that a proposed project involving certain new construction meets or exceeds all wetland best management practices, the project must be certified by an appropriate licensed professional.

7. Application Processing

a. Preapplication and Other Meetings. Any person may request a meeting with representatives of the Department to discuss regulatory procedures and requirements, to introduce a proposed project for an initial response and discussion, to discuss potential project design alternatives, and to discuss modifications to project designs. The following stipulations will apply:

(1) If the Department has determined the presence of wetlands on or adjacent to the subject property, verified the wetland edges on the property, or if the property is the subject of a previous or ongoing wetland permit application, a person may request a meeting directly with the Wetlands Program. A meeting will be granted at the discretion of the Program based upon any statutory limitations.

(2) If there are no prior wetland determinations or decisions by the Department about the subject property, a person may request a Pre-application meeting with the Office of Technical and Customer Assistance (OTCA) according to the policy established by that Office. The Wetlands Program may participate in the Pre-application meeting.

b. Coordination with Municipalities.

(1) Applicants are encouraged to review local zoning, planning and building ordinances that may be relevant to a proposed project as part of preparing a freshwater wetlands application for the Department.

(2) Coordination with appropriate municipal officials, as to aspects of a proposed project that may involve conflicts with requirements under these Rules, should be undertaken prior to the submission of an application to the Department for review and approval of a proposed project.

(3) The applicant may invite any appropriate municipal officials to preapplication meetings conducted at the Department, and the applicant is encouraged to do so for major land development projects.

c. Coordination with the Department's Onsite Wastewater Treatment System (OWTS) Program. The Department reserves the right to require that applications for the same proposed project be submitted concurrently to the Wetlands Program and to the OWTS Program to enable the Department to undertake a joint review.

d. Order in which Processed.

(1) The Department will assign a number for identification purposes to each application, and shall notify the applicant of the receipt of the application and the number assigned to it. It is the responsibility of the applicant to refer to the assigned application number in all correspondence and inquiries regarding the subject application.

(2) The Department staff will process completed applications generally in the order in which properly completed initial application materials are received by the Department, except where potential competing demands of State and Department priorities dictate otherwise. The Department may process applications out of sequence when those applications are submitted with a Certificate of Critical Economic Concern in accordance with R.I. Gen. Laws Chapter 42-117. Requests for Emergency Alterations § 1.11(A) of this Part will be processed immediately upon receipt.

e. Review for Completeness.

(1) After the Department receives an application and assigns an application number, it will conduct a completeness review that will focus on administrative and technical reviews to determine whether the application's essential elements, in proper form, have been received and are considered complete. If the Department finds that an application is not administratively or technically complete, the applicant will be so informed through a notice of deficiency from the Department.

(2) A Request for a Preliminary Determination or an Application to Alter is complete when in the opinion of the Department it provides all of the requisite information necessary to process the application in accordance with R.I. Gen. Laws § 2-1-22(a) and these Rules. With respect to an Application to Alter, when the Department determines that the application is technically complete, it also will issue the required public notice (see § 1.10(C) of this Part).

f. Written Response. All Department decisions, determinations or authorizations, with the exception of responses to Requests for Emergency Alterations, will be issued in writing only and signed by the Department.

g. Any determination, verification or permit received from the Department pursuant to any application involving freshwater wetlands does not obviate the need for the applicant to obtain any and all other necessary permits, and for the applicant and project to comply with all other applicable federal, state and local laws, regulations and ordinances.

8. Suspension of Application Process

a. In any of the following circumstances, the Department may at its discretion suspend the processing of an application, provided that it so advises the applicant in writing and where appropriate it conducts an investigation of the matter alleged in any of the following circumstances:

(1) Where the property with respect to which an application has been submitted is alleged to contain unauthorized alterations of freshwater wetlands, discovered either during the review of an application or during investigation of a complaint.

(2) Where the property with respect to which an application has been submitted is the subject of any unresolved violation of the Rules, or which is the subject of any non-compliance with a Department, administrative, or judicial consent agreement, order, or judgment, or where the property subject to unauthorized alterations is not restored to the satisfaction of the Department.

(3) Where information provided on the application form or in support of the application is misleading, false, erroneous, inconsistent with these Rules, incomplete or nonresponsive to deficiencies identified by the Department.

9. Recording and Transfer of Permits

a. Pursuant to R.I. Gen. Laws § 2-1-22(f), whenever required by the terms and conditions of any permit or revised permit issued by the Department, the applicant shall record the permit or revised permit at his or her own expense in the land evidence records of the municipality or municipalities in which the property subject to the permit lies.

b. 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 sale of the property to the new owner.

c. Pursuant to R.I. Gen. Laws § 2-1-22(e), any subsequent transferee of the property subject to a permit to alter a freshwater wetland shall, within ten (10) days of the property transfer, notify the Department by forwarding to the Department a certified copy of the deed of transfer.

d. In the event a new property owner desires or needs a permit in his or her name, an Application for Permit Transfer may be submitted to the Department in accordance with § 1.11(D) of this Part.

e. Pursuant to R.I. Gen. Laws § 2-1-22(f), the limit of disturbance, the conditions of approval and any other requirements set forth in any recorded permit shall apply to and be enforceable against all subsequent owners of the land subject to the permit, unless a new or modified permit has been obtained from the Department.

10. General Fee Requirements

a. The applicant must pay all required fees to the Department in full at the time the applicant submits any application or request for hearing.

b. The fees for proposed projects and activities are set forth in the fee schedule. (See § 1.7(A)(11) of this Part.)

c. The fees for certain proposed projects (e.g., reconstruction or new construction of roads, railways, or airport facilities and new utility installation, such as installation of major utility lines, pipes, etc.) shall be based on the Estimated Construction Cost ("ECC") of certain portions of such projects. The ECC must include the costs of construction activities such as materials, labor and equipment. The ECC shall not include the cost of land acquisition and consultant fees for planning, design and construction supervision. The ECC must be determined for all portions of the project that are proposed in or above any freshwater wetlands, and for those portions that are proposed in areas sloping/draining into on-site or adjacent freshwater wetlands.

d. The ECC for proposed projects must be documented and prepared by an appraiser, general contractor, engineer, land surveyor, architect, landscape architect or other appropriately qualified professional. Such documentation must be submitted by the applicant with the application. All ECCs shall be subject to review and acceptance by the Department. The Department may, when deemed necessary, require additional documentation and specific information regarding the ECC.

e. The Department will process an application only after receipt of the appropriate fee paid in full.

(1) Fees not based upon an ECC: If the Department determines that a fee not based upon an ECC is incorrect, the Department will inform the applicant what additional monies must be submitted.

(2) Fees based upon an ECC: If the Department determines that a fee based upon an ECC is substantially incorrect, the Department will so notify the applicant. The applicant must then either submit written documentation supporting its original calculation of the fee or submit additional monies to resolve any deficiency. When, in the opinion of the Department, the fee remains substantially incorrect, the Department will consider the application withdrawn, and will so notify the applicant.

f. Unless specified in the Fee Schedule, fees submitted to the Department are not refundable once the technical review of the application has commenced; however, for the original applicant only, the Department will apply fifty percent (50%) of the fee submitted for a Request for Preliminary Determination to the cost of a new application for the project, if:

(1) A determination of significant alteration is issued and the original applicant subsequently files an Application to Alter Freshwater Wetlands for the proposed project within six (6) months of the date the preliminary determination was issued; or

(2) A determination of a significant alteration is issued with recommendations to prevent such an alteration, and the original applicant files a second Request for Preliminary Determination that incorporates the recommendations, within six (6) months of the date of issue of the original Preliminary Determination.

g. All fees must be paid by check or money order made payable to the Rhode Island General Treasurer. Fees in excess of Five Hundred Dollars ($500.00) must be in the form of a certified bank check.

h. No application fees pursuant to these Rules are required for projects where the Department is the applicant.

11. Fee Schedule

a. Request to Determine the Presence of Wetlands (§ 1.8(B) of this Part) where the total property area is:

(1) Less than four (4) acres = $150.00.

(2) Four (4) acres up to twenty (20) acres = $250.00.

(3) Greater than twenty (20) acres up to forty (40) acres = $300.00.

(4) Greater than forty (40) acres = $400.00.

b. Request to Verify Wetland Edge (§ 1.8(C) of this Part) where the wetland edges to be verified are:

(1) Less than 500 feet in length. = $300.00.

(2) From 500 to 999 feet in length = $600.00.

(3) For edges 1000 feet or more, the fee shall be $900.00 plus $300.00 for every additional 500 feet of edge (examples: 1100 feet = $900.00 and 1500 feet = $1200.00)

c. Request for Regulatory Applicability (§ 1.8(D) of this Part) - $150.00

d. Request for Preliminary Determination (§ 1.9 of this Part) and Application to Alter a Freshwater Wetland (§ 1.10 of this Part):

Project Type	Preliminary Determination	Application to Alter
1) Projects associated with developed individual residential lots, e.g., additions, garages, decks, sheds, pools, tennis courts, walls, landscaping; OWTS, new wells, new utility lines, etc.	$150.00	$300.00
2) Construction of new individual residential lots, e.g., new single family dwellings and duplexes, and all associated utilities, OWTS, wells, garages, driveways, landscaping, sheds, pools, etc. The fee for a Joint OWTS/Freshwater Wetlands Application is the sum of the OWTS fee and the Preliminary Determination fee.	$450.00	$900.00
3) Limited projects associated with developed apartments, condominiums, offices, schools, churches and commercial/individual lots, e.g., additions, garages, decks, sheds, pools, tennis courts, walls, landscaping; OWTS, new wells, new utility lines, parking areas.	$300.00	$600.00
4) Construction of new apartments, condominiums, offices, schools, churches, commercial/industrial projects, including all associated site amenities, utilities and infrastructure, where all proposed work is confined to existing developed areas (buildings, parking areas, pavement, lawn) and where the 'total project area'* is:
a) less than 1 acre;	$450.00	$900.00
b) 1 acre to 4 acres;	$900.00	$1800.00
c) greater than 4 acres to 20 acres;	$1800.00	$3600.00
d) greater than 20 acres.	$3600.00	$4500.00
For proposed projects within Providence, Pawtucket, Central Falls, Newport, and Woonsocket and for properly certified Growth Center projects (when a copy of the certification is submitted with the wetland application and fee): * The 'total project area' is that land area enclosed within the Limit of Disturbance as described in § 1.7(A)(3)(l) ((3)) of this Part.	The fee is 25% less than the applicable fee in a-d above.	The fee is 25% less than the applicable fee in a-d above.
5) Construction of new apartments, condominiums, offices, schools, churches, commercial/industrial lots including all associated site amenities, utilities and infrastructure, on undeveloped property or where work is not confined to existing developed areas and where the 'total project area' is:
a) less than 1 acre;	$750.00	$1500.00
b) 1 acre to 4 acres;	$1500.00	$3000.00
c) greater than 4 acres to 20 acres;	$3000.00	$6000.00
d) greater than 20 acres.	$6000.00	$7500.00
* The 'total project area' is that land area enclosed within the Limit of Disturbance as described in § 1.7(A)(3)(l)(3) of this Part
6) New subdivisions and multiple lot projects (including residential, commercial, and industrial development) with all associated infrastructure:
2 lots	$900.00	$1800.00
3 lots	$1200.00	$2700.00
4 or 5 lots	$1500.00	$3000.00
Each additional lot*	$175.00	$250.00
*The maximum total fee for any new subdivision	$6500.00	$10,500.00
7) Miscellaneous separate projects:
a) (1) Individual docks, floats; (2) Wildlife habitat project or water quality improvement project; (3) Dry hydrants	$100.00	$300.00
b) (1) Land redevelopment/reuse projects limited to conversion of sand and gravel banks, mill sites, abandoned commercial/industrial property to public recreation facilities; (2) Rehabilitation of existing parks or recreational areas of any size or new parks less than or equal to 4 acres; (3) Multiple docks, floats, or individual boat launches; (4) Pedestrian trails, paths, foot bridges; (5) Irrigation projects, subdrains; (6) Low hazard dam repairs; and (7) Dam removal projects.	$300.00	$750.00
c) (1) Wells other than for single family house lots; (2) New pond construction; (3) New or replacement drainage structures/facilities, e.g., culverts and detention basins; and (4) Aquatic plant control projects. If done pursuant to a lake management plan in accordance with guidance prepared by the Department, the fee will be reduced by 50%.	$600.00	$1500.00
d) (1) Construction of all new dams;	$600.00	$2000.00 plus $200.00/acre impoundment
e) (1) New parks or recreational areas where the total project area is greater than 4 acres; (2) Land clearing and/or grading operations; (3) Industrial processing/cooling, hydroelectric projects; and (4) Bike paths.	$1200.00	$4000.00
f) (1) Surface mining, e.g. gravel quarry; and (2) New golf courses:	$6500.00	$10,500.00
g) River/stream relocation and/or channelization:
(1) River/stream length to be altered	$10.00/linear ft	$50.00/linear ft
(2) Area subject to storm flowage to be altered	$6.00/linear ft To maximum of $20,000.00	$25.00/linear ft To maximum of $20,000.00
h) Other new construction, reconstruction, demolition, or modification projects not otherwise listed above;	$1200.00	$4000.00
8) Fees based on Estimated Construction Costs, (see §§ 1.7(A)(10)(c) and (d) of this Part for how ECC is computed), including all associated drainage systems/facilities, bridges and utilities. (a) Reconstruction of existing or approved roads, railways, or airport facilities:
(i) Less than or equal to $200,000.00	$1000.00	$2000.00
a. Greater than $200,000.00 but less than $500,000.00	$2000.00	$3000.00
b. Greater than $500,000.00 but less than $1,000,000.00	$3000.00	$4000.00
c. Greater than $1,000.000.00	$6000.00	$8000.00
(b) New road, railway, or airport facility construction:
(i) Less than or equal to $200,000.00	$2000.00	$4000.00
(ii) Greater than $200,000.00 but less than $500,000.00	$4000.00	$7000.00
(iii) Greater than $500,000.00 but less than $1,000,000.00	$6000.00	$10,000.00
(iv) Greater than $1,000,000.00	$8000.00	$20,000.00
(c) New utility installation not exempt under § 1.6(J) of this Part
(i) Less than or equal to $200,000.00	$800.00	$2,000.00
(ii) Greater than $200,000.00 but less than $500,000.00	$1,500.00	$3000.00
(iii) Greater than $500,000.00 but less than $1,000,000.00	$2,000.00	$4,000.00
(iv) Greater than $1,000,000.00	$4,000.00	$6,000.00

e. Application for a freshwater wetland Permit Modification (§ 1.11(C) of this Part) or modification of a Joint OWTS/Freshwater Wetlands permit. = $150.00

f. Application for Permit Renewal (§ 1.11(B) of this Part) = $200.00

g. Application for a freshwater wetland Permit Transfer (§ 1.11(D) of this Part) or transfer of a Joint OWTS/Freshwater Wetlands permit= $50.00

h. Negotiated Settlements (§ 1.10(J) of this Part) = 25% of original application fee.

i. Application hearings: Fees are required to cover the costs for all investigations, a stenographer, an original transcript, room rental, and a hearing officer.

(1) Public Hearings = $2,500.00

(2) Adjudicatory Hearings = $2,000,00; however, in the event that the cost of the hearing exceeds the fee paid, the Department, through the AAD will require an additional fee which the applicant must submit prior to the Department's issuance of any final decision regarding an application. The adjudicatory hearing fee shall accompany the written request for hearing and shall be filed directly with the clerk of the AAD.

(3) Reimbursement of hearing fees may be allowed provided that:

(AA) No costs relating to the hearing were incurred by the Department, including the AAD. Where costs were committed or incurred, but do not exceed the initial fee, the Department may provide a partial reimbursement; and

(BB) All requests for full or partial reimbursement must be in writing and received by the Department within thirty (30) days following the Department's issuance of any final decision regarding an application.

j. Change in Owner During Application Processing = $50.00.

12. Stormwater Management, Design and Installation Rules, Subchapter 10 Part 8 of this Chapter, (RISDIS Manual)

a. Requirements pertaining to use of the RISDIS Manual as amended

(1) The 1993 RISDIS Manual will be superseded by the 2010 RISDIS Manual upon the effective date of the adoption of these rules. Unless otherwise provided in this section, the requirements of the Subchapter 10 Part 8 of this Chapter as amended shall apply to all Requests for Preliminary Determination or Application to Alter Freshwater Wetlands submitted on or after January 1, 2011. The Subchapter 10 Part 8 of this Chapter as amended may be used in lieu of the 1993 RISDIS Manual beginning on or after the effective date of the adoption of these rules.

(2) Applicants for projects which have a currently valid and vested Master Plan approval from the local planning board or commission on or before March 31, 2011 ("Master Plan approval") may elect to comply with the 1993 RISDIS Manual instead of the 2010 RISDIS Manual provided that a complete application for the project is submitted to the Director on or before June 30, 2011. Any project applicant that received Master Plan approval who submits a Request for Preliminary Determination or Application to Alter Freshwater Wetlands after June 30, 2011 shall comply with the Subchapter 10 Part 8 of this Chapter, including any future phases of a phased project having received Master Plan approval as of March 31, 2011. Applicants shall, at the time of application, submit a copy of the Master Plan approval document(s) demonstrating eligibility under this subsection. This subsection applies only to projects which require Master Plan approval.

(3) In the case of any RIDOT project or a local government road or bridge project, where the design has advanced to at least the 30% completion stage on or before March 31, 2011, the Applicant may elect to comply with the 1993 RISDIS Manual instead of the 2010 RISDIS Manual provided that a complete application for the project is submitted to the Director on or before June 30, 2011. Any Request for Preliminary Determination or Application to Alter Freshwater Wetlands application submitted after June 30, 2011 for such qualified project shall comply with, Subchapter 10 Part 8 of this Chapter.

(4) Projects that propose a subsurface discharge of stormwater subject to the requirements of Subchapter 10 Part 8 of this Chapter, as amended and the RIDEM Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or below the Ground Surface), Subchapter 05 Part 4 of this Chapter, will be considered approved and registered under said regulation(s) upon issuance of a project approval under these Rules.

250 R.I. Code R. 250-RICR-150-15-1.7