250 R.I. Code R. 250-RICR-150-15-1.8

Current through November 7, 2024

Section 250-RICR-150-15-1.8 - Request for Determination of the Presence of Wetlands, Wetland Edge Verification, or Request for Regulatory Applicability

A. Purpose

1. An application may be made to the Department to request a determination regarding:

a. The presence of wetlands on the property which are regulated under the Act (§ 1.8(B) of this Part).

b. The verification of the delineated edge of wetlands on the property (§ 1.8(C) of this Part); or

c. Whether the Rules apply to a proposed project, or not, or confirmation that a project is exempt according to §§ 1.6 and 1.8(D) of this Part.

B. Request to Determine the Presence of Wetlands

1. An applicant seeking a Request to Determine the Presence of Wetlands must submit the following documents and adhere to the following requirements:

a. A completed application form (§§ 1.7(A)(1) and (2) of this Part);

b. The appropriate fee (§ 1.7(A)(11)(a) of this Part); and

c. A site plan of the subject property (§ 1.7(A)(3) of this Part), while desirable, is not required. At a minimum, a tax assessor's map that includes a title block and locus map, drawn to a scale no smaller than 1" = 100,' with sufficient fixed reference points is required. The tax assessor's map must be legible and clearly depict property boundaries. The site plan or tax assessor's map must not depict any proposed project or activities.

d. If property boundaries are not clearly identifiable on the property itself, the applicant must clearly identify those boundaries with labeled markers such as flags or stakes.

2. The Department will inspect the property and issue a determination stating whether or not regulated wetlands are present. The purpose of this determination is to determine whether wetlands are present on the property and the type of such wetlands, not to verify the specific location of any such wetlands.

3. Any determination regarding the presence of wetlands issued by the Department in accordance with this Rule shall be valid for a period of four (4) years from the date of issue; any such determination issued prior to the April 7, 1994 Rules is no longer valid.

C. Request to Verify Wetland Edges

1. An applicant seeking a Request to Verify Wetland Edge must submit the following documents and adhere to the following requirements:

a. A completed application form (§§ 1.7(A)(1) and (2) of this Part);

b. The appropriate fee (§ 1.7(A)(11)(b) of this Part);

c. A site plan of the subject property (§§ 1.7(A)(3) and (4) of this Part) prepared by a qualified professional (§ 1.7(A)(6) of this Part), that identifies the wetlands and their edges that the applicant requests the Department to verify; and

d. Completed wetland edge documentation forms (§ 1.8(C)(5)(c) of this Part).

2. Site plans submitted for Request to Verify Wetland Edges must not depict any proposed project or activities.

3. The edge(s) of all freshwater wetlands should be identified by a qualified professional as specified in guidance documents available from the Department, and shall be delineated in accordance with the specifications set forth in § 1.18 of this Part.

4. Any delineation or identification of freshwater wetlands completed by a person other than the Department, including by an applicant or applicant's agent, shall be valid only after review and written verification by the Department (see the procedures outlined in § 1.18 of this Part).

5. For verification purposes, the applicant must undertake the following steps:

a. Identify each wetland edge that the applicant wishes to have verified on the property, and record the edge on a site plan.

(1) The wetland edge on the property shall be flagged with sequentially numbered or lettered flags, and the flags must be placed at the wetland edge in sufficient numbers to clearly identify the edge to be verified. The distance between flags must allow for adequate visibility from one flag to another during the growing season.

(2) The wetland edge shall be surveyed and recorded on the site plans showing the location and number/letter of the flag corresponding with those flags at the site.

(3) In addition to the surveyed wetland edge, periodic measurements (i.e., at least one (1) for every one hundred feet (100') of surveyed edge) must be recorded on the site plan, indicating the distance from the surveyed edge to fixed reference points on the property. Fixed reference points on the property shall include, but are not limited to: stone walls, watercourses, roads, trails, buildings, structures, fences, cut transects or traverse lines, survey stakes with stations, or other features that allow confirmation of the location of the flagged wetland edge by field measurements.

b. Identify the professional(s) conducting the delineation.

c. Provide documentation on forms provided by the Department describing the reasoning used to delineate a particular wetland edge or any series of edges.

6. Contour elevations, while helpful on site plans, are not required for Requests to Verify Wetland Edges, except where (i) a request to verify the edge of the 100-year flood plain has been made; or (ii) the wetland edge is located along or within a parcel exceeding ten (10) acres.

7. The Department will inspect the wetland edge(s) delineated by the applicant and, if in substantial agreement with the documentation provided by the applicant, confirm the presence of identified wetlands and the location of their delineated edges.

8. Any verification of a wetland edge or series of edges issued by the Department shall be valid for a period of four (4) years from the date of issue; any such determination issued prior to the April 7, 1994 Rules is no longer valid.

9. A request to verify wetlands edges file shall be considered closed if the applicant fails to answer any notification of application deficiency or any request for additional information from the Department within a period of two (2) years from the date of the deficiency letter or request.

D. Request for Regulatory Applicability

1. An applicant seeking a Request for Regulatory Applicability should submit the following documents and adhere to the following requirements:

a. A completed application form (§§ 1.7(A)(1) and (2) of this Part);

b. The appropriate fee (§ 1.7(A)(11)(c) of this Part);

c. A plan drawn to scale, illustrating and describing current and proposed conditions based on measured distances, and including a clearly depicted limit of clearing and disturbance, a locus map, and the location of any wetlands or wetland edges of concern;

d. A written project description including the purpose, size, and location of the project;

e. A written description of how potential wetland impacts have been avoided to the maximum extent possible; and

f. Photographs depicting the current site conditions in the area of the proposed work.

g. While not required, a verified wetland edge may facilitate the applicability decision.

2. The Department will review information provided by the applicant, and determine whether the proposed project is exempt or otherwise will not alter the character of any wetland, or whether further application is required in accordance with these Rules. If the proposed project appears to involve alteration to freshwater wetland or if the application is not clear or is missing information, further application will be required.

250 R.I. Code R. 250-RICR-150-15-1.8