250 R.I. Code R. 250-RICR-150-15-3.14

Current through November 7, 2024

Section 250-RICR-150-15-3.14 - Other Application Types

3.14.1Application for Emergency Alterations

A. An emergency alteration is one that is required to protect the public from imminent harm to its health or safety; and is authorized by the Department. Oral approval of an emergency alteration, other than those alterations specified in § 3.6 of this Part, may be granted by the Department consistent with the requirements set forth below. Applicants who are not considered an appropriate official of a town, city, State or Federal agency or public utility responsible for correcting problems which arise on an emergency basis and pose an imminent threat to the public health and safety should contact the Freshwater Wetlands Program for consideration of individual emergency situations.

1. An oral or written request for permission to proceed with an emergency alteration must be made to the Freshwater Wetlands Program, Office of Water Resources, by the owner of the property or easement where the emergency alteration is proposed or by an appropriate official of a town, city, State or Federal agency or public utility responsible for correcting problems which arise on an emergency basis and pose an imminent threat to the public health and safety;

2. At a minimum, the request must inform the Department of the following:

a. An explanation of the problem necessitating an emergency alteration;

b. The reason why the problem represents an imminent threat to health and safety;

c. The location of the area in which corrective activity is required;

d. The proposed actions necessary to correct the problems;

e. The person responsible for overseeing the activity, including immediate means of contact; and

f. The means proposed to restore the freshwater wetlands, buffer, floodplain, area subject to flooding or area subject to storm flowage following the emergency alteration, as appropriate.

3. Any emergency alteration undertaken shall not result in a permanent alteration of any freshwater wetland, buffer or floodplain except as allowed for dam safety as approved by the Department in accordance with the Rules and Regulations for Dam Safety, Part 130-05-1 of this Title. The applicant must, in so far as possible, restore the areas to prevent or minimize any permanent alteration. Such restoration must be undertaken in accordance with requirements provided by the Department;

4. Alteration of a jurisdictional area shall not exceed work beyond that necessary to abate the emergency;

5. Unless otherwise informed by the Department following its inspection of the site, the applicant must submit an as-built site plan or a plan of restoration to the Department no later than forty-five (45) days following the action necessary to correct the emergency problem. The site plan must illustrate the emergency activity undertaken, the jurisdictional area affected, any alteration which resulted from the activity, and all restoration activities undertaken, or which are still required. The required site plan must comply with §§ 3.8.4 and 3.8.5 of this Part;

6. The time limitation for performance of an emergency alteration shall not exceed ten (10) days following initial approval by the Department unless written approval for an extension is obtained from the Department; and

7. Following submission of the as-built site plan required in § 3.14.1(A)(5) of this Part, the applicant is required to comply with any additional activities necessary to prevent any permanent alteration or to finalize wetland restoration as detailed in writing by the Department.

3.14.2Application for Permit Renewal

A. An Application for Renewal is required to renew any permit issued as a result of an Application for a Significant Alteration or an Application for a Freshwater Wetlands Permit.

B. The application shall be made on a form specified by the Department on which the applicant must stipulate that the application is to renew the permit for the original or subsequently modified permitted project. For renewal of a permit, the applicant must further stipulate that the permit limitations are understood and the applicant will comply with any and all conditions of the permit.

C. Only the original permittee or subsequent transferee may request renewal of the permit.

D. Any Application for Renewal should be submitted no later than sixty (60) days before the permit or renewal permit expiration date.

E. An Application for Renewal of a permit shall be limited to requests to continue or complete the originally permitted alterations. Any modifications to the original proposal, other than permitted modifications, shall require a new application, or an Application for Permit Modification.

F. An Application for Renewal of a permit will not be granted, if, in the opinion of the Department, work has taken place in non-compliance with the original permit or any renewal thereof, in non-compliance with the Act or any of these Rules, or if the applicant revises the project such that there is a change in proposed alterations of freshwater wetlands, buffers, floodplains, areas subject to flooding or areas subject to storm flowage.

3.14.3Application for Permit Modification

A. Prior to the expiration of a valid permit, a permittee may apply to the Department requesting approval to incorporate minor modification(s) to the originally permitted project. Such modification(s) in all cases may not increase the limits of disturbance of freshwater wetlands, buffers, floodplains, areas subject to flooding or areas subject to storm flowage previously permitted unless such increases occur in existing paved, lawn, or otherwise developed areas, or increase the anticipated impacts from that previously permitted by the Department. Any modifications must be minor in nature in relation to the originally permitted project.

B. The application shall be made on a form prescribed by the Department and must be completed and submitted with revised plans for the Department's review including the appropriate fee. The revised plans submitted with the application shall clearly depict the proposed modification and shall comply with all requirements stipulated in the original application and with these Rules. (See site plan requirements in §§ 3.8.4 and 3.8.5 of this Part).

C. In addition to revised plans and appropriate fee, the permittee must submit a written narrative and any additional data which describes and details the minor changes or modification proposed and the reasons for the modification.

D. An Application for Permit Modification will not be approved if, in the opinion of the Department, the modification(s): are not minor in nature in relation to the originally permitted project; involve increases of disturbance into vegetated areas not previously evaluated by the Department; or increase the anticipated impacts from that previously permitted by the Department.

E. Following receipt of an Application for Permit Modification, the Department may:

1. Issue a revised permit for the modified project; or

2. Inform the applicant that the modifications requested require a new application.

F. The filing of this application shall not stay or modify any time limitation or condition of the permit.

3.14.4Application for Permit Transfer

A. 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 the sale of the property to the new owner.

B. Any subsequent transferee of the property subject to a permit for a significant alteration 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.

C. A new property owner may complete and submit an Application for Permit Transfer to have a permit transferred to his or her name provided that the following information is submitted:

1. A certified copy of the deed of transfer of the property subject to the permit;

2. A notarized statement signed by the new owner or authorized individual as required stating that he or she has reviewed the approved plan, the permit letter, and agrees to abide by the conditions of the permit, including the time limits; and

3. A completed application form §§ 3.8.2 and 3.8.3 of this Part and the application fee in § 3.8.9(A)(7) of this Part.

D. The filing of this application shall not stay or modify any time limitation or condition of the permit.

E. 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.

250 R.I. Code R. 250-RICR-150-15-3.14

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