250 R.I. Code R. 250-RICR-150-15-3.16

Current through November 7, 2024

Section 250-RICR-150-15-3.16 - Municipal Petition Process

A. A municipality may petition the Department to amend the buffer standard to increase the width of a designated buffer zone protecting one (1) or more freshwater wetland resources within the associated contiguous jurisdictional area. The Municipal Petition shall specify the buffer zone increase requested.

B. A Municipal Petition shall be submitted in writing, and it shall be accompanied by a formal Council Resolution passed by the municipal government.

C. Municipal Petitions must include:

1. A detailed description of the freshwater wetland resource(s) to be protected.

2. The technical justification for the proposed buffer zone increase, including an assessment of the freshwater wetland resources' functions and values that contribute to the need for the buffer zone increase. The assessment may include, but is not limited to, the freshwater wetland size(s), classification, flood protection value, water quality improvement function, plant and wildlife habitat and diversity, the presence of rare plant or animal species, and the freshwater wetland resources' condition. The Municipal Petition shall be bas-ed on Rhode Island-specific information or other relevant data or studies that support the need for the additional buffer zone protection.

3. A map depicting the location of the freshwater wetland resource(s) subject to the increased buffer zone distance.

4. Any additional information that the Director determines is necessary to properly evaluate the Municipal Petition.

D. Upon submittal of a Municipal Petition, the Director shall either deny the Petition in writing (stating the reasons for the denial) or initiate rulemaking proceedings.

E. The approved increased buffer zone distance shall not be retroactively applied to prior agency decisions.

250 R.I. Code R. 250-RICR-150-15-3.16

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