Section 250-RICR-150-15-3.2 - Administrative FindingsA. The declarations of intent and public policy enumerated in R.I. Gen. Laws §§ 2-1-18 and 2-1-19 are hereby adopted as the administrative findings upon which these Rules are based.B. Consistent with these declarations, the Department makes the following findings: 1. Freshwater wetlands, buffers and floodplains are ecological systems performing functions that directly benefit the health, welfare and general well-being of people and the environment.2. Any such freshwater wetland, buffer and floodplain functions as an integrated ecological system, no portion or component of which is less worthy of regulatory protection than the system as a whole. Buffers and floodplains are important integral components of the flowing body of water or the freshwater wetlands with which they are associated. It has been established that maintaining lands adjacent to freshwater wetlands as naturally vegetated buffers protects the functions and values of wetlands and that such buffers in and of themselves perform vital ecological functions.3. Freshwater wetlands, buffers and floodplains perform specific functions and support specific values, including but not limited to the following: a. Wildlife and Wildlife Habitat: Freshwater wetlands and buffers are important areas for the production and maintenance of a diversity of wildlife. Freshwater wetlands and buffers provide habitat for individual species and communities of animals and plants. Animals include both game and non-game species, which may be either obligate or facultative, and which may be permanent residents, or they may be seasonal or transient in nature. Freshwater wetlands serve as travel corridors; nesting, feeding, resting, nursery and brood-rearing sites; drinking water sources and escape cover; and provide seasonal breeding, migration and over-wintering habitat for wildlife. Freshwater wetlands and buffers provide critical habitat for some plant and animal species and also provide habitat for rare animal and rare plant species.b. Recreation and Aesthetics: Freshwater wetlands and buffers support active and passive recreational and aesthetic values that are important to the general public. They provide the opportunity for recreational activities, including but not limited to: hunting, fishing, trapping, cross-country skiing, ice skating, boating, water-skiing, canoeing, camping, swimming, bicycling, hiking, walking, horseback riding, harvesting of natural foods or plant materials, birdwatching and other animal observation, education and nature studies, and photography. Aesthetic values include, but are not limited to, the visual, aural and cultural qualities of the freshwater wetland and buffer. Without limitation, these include the freshwater wetland's and buffer's prominence as a distinct feature in the local area, including its value as open space; whether it is a rare freshwater wetland type; whether it offers or provides suitable habitat for any rare animal or rare plant species; whether it has any outstanding or uncommon geomorphologic features; or whether it contains or may contain material of archaeological, historical, or cultural significance.c. Flood Protection: Freshwater wetlands, buffers, setbacks and floodplains protect life and property from flooding and flood flows by storing, retaining, metering out and by otherwise controlling flood waters from storm events. Freshwater wetlands, buffers and floodplains also control the damaging impacts of flood flows by providing frictional resistance to flood flows, by dissipating erosive forces, and helping to anchor the shoreline.d. Surface Water and Groundwater: Freshwater wetlands and buffers provide and maintain surface and groundwater supplies by acting as recharge or discharge areas, and, in the case of some ponds, acting as surface water reservoirs. Although groundwater recharge and discharge functions and values may vary seasonally, freshwater wetlands and buffers, either individually or cumulatively, may be an important factor in replenishing ground and surface water supplies, maintaining stream flows, transporting surface waters, and storing and distributing surface waters and groundwater during periods of drought.e. Water Quality: Freshwater wetlands and buffers protect and maintain water quality by retaining and removing nutrients; filtering and removing pollutants; removing sediments; producing oxygen; reducing turbidity; maintaining or modifying stream flow; maintaining temperature and oxygen regimes in both standing and flowing surface waters; and providing and maintaining safe drinking water supplies.4. The cumulative impact of incremental alterations to freshwater wetlands, buffers and floodplains that occur at different times or in different locations within the same system, or both, may constitute a significant alteration, even if a single proposed alteration may not in and of itself constitute a significant alteration.5. Consistent with the purposes of the Act, it is the public policy of the State to preserve the purity and integrity of all freshwater wetlands, buffers and floodplains in Rhode Island. Random, unnecessary or undesirable alteration of any freshwater wetland, buffer or floodplain is contrary to the Act and not in the best public interest because of the adverse impacts of such alterations on their functions and values.6. The Department recognizes that dams have created freshwater wetlands and buffers that may provide important wildlife habitats and recreational areas and may provide other important functions, values and benefits such as flood storage areas. Also, consistent with its responsibilities under R.I. Gen. Laws Chapter 46-19, the Department finds that many dams in the State are in disrepair and may present safety hazards to the public. The Department hereby acknowledges that, as a result of an analysis of alternatives for addressing a dam's state of disrepair, the removal or substantial alteration of a dam may be required by the Department for reasons of public safety. The Department finds that the removal or substantial alteration of a dam for public safety reasons may be deemed consistent with the authority and purposes of these Rules provided that no other feasible alternative is available and impacts related to the dam's removal or alteration are assessed and acceptably mitigated in accordance with these Rules.250 R.I. Code R. 250-RICR-150-15-3.2
Adopted effective 1/13/2022
Amended effective 7/15/2022