Section 250-RICR-150-15-3.19 - Superseded RulesA. On the effective date of this Section, all previous Rules regarding the administration and enforcement of the Freshwater Wetlands Act shall be superseded notwithstanding the following:1. Any application submitted to the Department prior to July 1, 2022 shall be governed by Part 1 of this Subchapter.2. Any enforcement action taken by the Department between January 15, 2022 and July 1, 2022 shall be governed by Part 1 of this Subchapter. Any enforcement action taken by the Department prior to January 15, 2022 shall be governed by the Rule in effect at the time the violation occurred. 3. Applicants for projects that have obtained a valid Master Plan Approval from a municipality on or before July 1, 2022 may elect to comply with the prior Freshwater Wetlands Rules, in effect as of July 16, 2014, provided that a complete application for the project is submitted to the Department on or within sixty (60) days from the effective date specified in § 3.20(B) of this Part. A copy of Master Plan Approval shall be submitted with the application to demonstrate eligibility under this Rule; and4. A project within a jurisdictional area for which a valid building permit has been issued prior to July 1, 2022 and that was not required to obtain a permit under Part 1 of this Subchapter may be constructed in accordance with the building permit without a requirement to obtain a freshwater wetlands permit for the subject project.250 R.I. Code R. 250-RICR-150-15-3.19
Adopted effective 1/13/2022
Amended effective 7/15/2022