250 R.I. Code R. 250-RICR-150-15-3.10

Current through November 7, 2024

Section 250-RICR-150-15-3.10 - General Permits

A. The Department may issue a general permit in accordance with the following:

1. Scope. The general permit shall cover projects and activities as described in the permit within a jurisdictional area, as defined herein;

2. Sources. The general permit shall regulate, within the scope described in § 3. 10(A)(1) of this Part, projects or activities that:

a. Involve the same or substantially similar types and areas of alteration and impacts;

b. Occur only within the jurisdictional area identified in the general permit;

c. Involve similar land uses; and

d. In the opinion of the Department, are more appropriately authorized under a general permit than under individual Freshwater Wetlands Permits;

3. The general permit shall define, identify and regulate specific eligible projects or activities that may be proposed within a jurisdictional area;

4. General permits may be issued, modified, revoked, and reissued or terminated by the Department in accordance with applicable requirements of these Rules;

a. Freshwater Wetlands General Permits may be periodically issued, modified or revoked in accordance with requirements of these Rules and following a forty-five (45) day public notice and comment period;

b. The public notice shall be provided to the municipal contacts as identified in accordance with § 3.8.11(B) of this Part, and it will also be made available on the Department's web page; and

c. A Freshwater Wetlands General Permit shall be valid for a period of five (5) years. Its renewal shall also be subject to a forty-five (45) day public notice and comment period.

5. An applicant may not proceed under a general permit until an application has been made to the Department and written confirmation has been received that a proposed project or activity is eligible for authorization under the general permit; and

6. The contents of the application shall be specified in the general permit and shall require the submission of information necessary for adequate program implementation, including at a minimum, the legal name and address of the applicant, the location of the project site, and such other information the Director may reasonably require under § 3.8 of this Part. All applications shall be signed in accordance with § 3.8.3 of this Part.

B. General Permit Application

1. An application for a determination as to whether the proposed project or activity is eligible for approval under the Freshwater Wetlands General Permit may be submitted to the Department as described herein. This Rule does not apply until such time that the Department has issued a Freshwater Wetlands General Permit which covers the applicable activity or project. An applicant seeking approval under a Freshwater Wetlands General Permit must submit the following documents and adhere to all requirements herein;

a. A completed application form (§§ 3.8.2 and 3.8.3 of this Part);

b. The appropriate fee (§ 3.8.9(A) of this Part);

c. Site plans drawn to scale depicting the subject property and proposed project (§§ 3.8.4 and 3.8.5 of this Part);

d. All other written documentation as may be required by the Freshwater Wetlands General Permit, including, a project narrative, drainage computations, and floodplain documentation, to demonstrate that the proposed project meets all requirements to be considered eligible under the applicable General Permit.

C. Upon receipt of an Application for a Freshwater Wetlands General Permit, the Department will review all submitted materials to confirm that the proposed activity or project is eligible for approval. If the project is eligible, the Department will issue confirmation in writing.

D. The Department reserves the right to request additional information as necessary to confirm that a proposed project is eligible for a Freshwater Wetlands General Permit.

E. In the event a proposed project is not eligible for approval, the Department will so notify the applicant and as appropriate offer the applicant an opportunity to provide additional documentation and the balance of any fee as necessary to proceed with review of the proposed project via the Application for a Freshwater Wetlands Permit described in § 3.11 of this Part.

250 R.I. Code R. 250-RICR-150-15-3.10

Adopted effective 1/13/2022
Amended effective 7/15/2022