250 R.I. Code R. 250-RICR-150-15-3.6

Current through November 7, 2024

Section 250-RICR-150-15-3.6 - Exempt Activities

3.6.1General Conditions for Exempt Activities

A. This Rule describes certain limited activities within a jurisdictional area that may proceed without a written permit from the Department, subject to the conditions and restrictions set forth below. The Department strongly recommends that all such exempt activities or projects occur as far away from freshwater wetlands as possible.

B. Nothing in § 3.6 of this Part shall be deemed to:

1. Limit or reduce, in any way, the Department's authority over freshwater wetlands or jurisdictional area; or

2. Supersede any current terms or conditions of any permit, or

3. Interfere with the Department's ability to make a determination or decision on an application, or

4. Impose terms and conditions on any permit, enforcement action or Consent Agreement.

C. Any activities within a jurisdictional area not described within this Rule that could alter the character of any freshwater wetlands, buffers or floodplains require a written permit.

D. Nothing in § 3.6 of this Part shall preclude the Department from initiating an enforcement action in the event of any failure to undertake exempt activities in accordance with the requirements and conditions set forth herein.

E. The following general restrictions apply to all activities performed under § 3.6 of this Part:

1. Exempted activities do not obviate the need to obtain other applicable Federal, State, or local permits, approvals, or authorizations required by law;

2. Any structure or fill exempt under § 3.6 of this Part shall be properly maintained to ensure public safety, and to protect freshwater wetland functions and values;

3. Best management practices for erosion and sediment controls must be used and maintained in effective operating condition during the activity, and all exposed soil and other fills must be permanently stabilized at the earliest possible date. (See Stormwater Management, Design and Installation Rules, § 10-8.16 of this Chapter.);

4. No activity exempted herein may jeopardize the continued existence of a rare freshwater wetland type, or a rare species; likewise, no activity exempted herein may destroy or adversely modify the critical habitat of such species;

5. Exempt activities shall be undertaken and performed in a manner that prevents the introduction or spread of invasive species, and all vehicles and equipment used in freshwater wetlands, including rivers, streams and ponds, shall be routinely inspected and cleaned of all invasive plant material;

6. Following the limited activity, all equipment used in installation or maintenance activities shall be removed from any freshwater wetland and any created access paths must be restored and allowed to naturally revegetate; and

7. All freshwater wetland functions and values must be protected to the maximum extent possible so as to prevent pollutants, direct discharge of stormwater runoff, or any material foreign to a freshwater wetland or hazardous to life, from entering any freshwater wetland, buffer or floodplain so as to be protective of aquatic life and not result in long-term reductions in stream flow or increased flooding. Hydrodemolition of concrete structures within or adjacent to freshwater wetlands is not authorized for any exempt activity in this Rule.

3.6.2Limited Cutting of Vegetation

A. Limited cutting of vegetation within a jurisdictional area is allowed in accordance with § 3.6.1 of this Part only when:

1. The cutting or maintenance of vegetation is within existing or approved lawn or landscaped areas, consistent with any limit of disturbance specified in a permit or a consent agreement where applicable; or

2. The cutting is to remove tree limbs or dead, diseased, leaning or overhanging trees or shrubs which, if left unattended, pose a threat to individuals, dwellings, structures, or safe vehicle movement over roads and driveways; or

3. The cutting is for purposes of trimming back and removing grasses, weeds, or shrubs encroaching upon existing or approved limits of disturbance, landscaped areas, fields, pastures or recreational areas, provided that the cutting is not taking place in an area designated to be planted, revegetated, or set aside to revert to a natural wild state for any mitigation or restoration purposes as a result of any term and condition of any permit, approval, enforcement action issued by the Department, or any Consent Agreement entered with the Department; or

4. The cutting is for obtaining firewood for non-commercial, individual use, is selective in nature, and ensures the long-term protection and stability of the forested habitat. The use of any motorized vehicle(s) for this purpose in any freshwater wetland is prohibited; or

5. The cutting is selective, and is carried out under the supervision of and in cooperation with the Department's Division of Forest Environment and:

a. For non-emergency forest operations and management practices the following conditions are met:

(1) The property owner, in cooperation with the Division of Forest Environment, notifies the Freshwater Wetlands Program that a notice of intent to cut, or an approved written management plan submitted under the Farm, Forest and Open Space Act, R.I. Gen. Laws Chapter 44-27, an approved USDA NRCS Forest Management Plan or the Rhode Island Forest Stewardship Program is on file with the Division of Forest Environment; and

(2) The cutting operation proceeds under those best management practices developed and approved by the Division of Forest Environment; and

(3) The cutting operation results in no permanent degradation or loss of any wildlife habitat associated with any freshwater wetland or buffer; and

(4) Equipment crossings of watercourses are limited to areas subject to storm flowage or streams or a river less than ten feet (10') wide through the use of temporary bridges or other protective structures authorized by the Division of Forest Environment. This temporary crossing must not restrict natural flow patterns and wildlife movements, and must be removed immediately following the harvesting operation. Disturbed jurisdictional areas in the vicinity of any equipment crossings must be stabilized, revegetated, and restored to a natural condition; and

(5) Best management practices for erosion and sediment control are followed throughout the life of the project (see Stormwater Management, Design and Installation Rules, § 10-8.16 of this Chapter); or

b. For forest operation and management practices in response to an event-specific emergency, such as a wind or ice storm, a wildfire, or a pest outbreak, the following conditions are met:

(1) Prior to the removal of any slash or woody debris from any jurisdictional area, the property owner notifies the Division of Forest Environment and receives a written confirmation that a non-silviculture emergency event has occurred; and

(2) The cutting operation proceeds under those best management practices developed and approved by the Division of Forest Environment; and

(3) The cutting operation results in no additional or permanent degradation or loss of any wildlife habitat associated with any freshwater wetland; and

(4) Equipment crossings of watercourses are limited to areas subject to storm flowage, streams or rivers less than ten (10) feet wide through the use of temporary bridges or other protective structures authorized by the Division of Forest Environment. This temporary crossing must not restrict natural flow patterns and wildlife movements, and must be removed immediately following the harvesting operation. Disturbed jurisdictional areas in the vicinity of any equipment crossings must be stabilized, revegetated, and restored to a natural condition; and

(5) Best management practices for erosion and sediment control are followed throughout the life of the project. (See Stormwater Management, Design and Installation Rules, § 10-8.16 of this Chapter.)

6. The cutting is for the maintenance of existing or approved footpaths or pedestrian trails; or for the maintenance of existing or approved cleared areas immediately along, but no greater than ten feet (10') from, the edges of driveways and access roads for vehicle safety and access; or

7. The cutting is within existing or approved, cleared utility rights-of-way and is restricted to only that necessary to maintain integrity of the utility line or pipe itself and to maintain access for maintenance, inspection or repair of poles, structures and equipment within the right-of-way; or

8. The cutting is on or along property lines for survey purposes or is on an established transect line to allow for access on foot when conducting environmental assessments, and is no greater than five feet (5') in width; or

9. Removal of any floating or submergent plants or cutting of common reed (Phragmites australis) is limited to that area immediately adjacent to, but no more than fifteen feet (15') from, existing or approved docks; boat ramps; beaches; or swimming areas. The clearing or removal of such vegetation is accomplished only through the manual use of hand-held implements; or

10. The cutting is restricted to existing drainage ditches, swales, or embankments of stormwater best management practices as a normal maintenance activity; or

11. The cutting is performed to remove individual trees or portions thereof that have fallen over or into rivers normally accessible by canoes, kayaks, or boats; or

12. The cutting of trees or shrubs within a floodplain that is located outside of all freshwater wetlands and their contiguous one hundred foot (100') or two hundred foot (200') jurisdictional area; or

13. The cutting is for continued routine maintenance of a Department-approved landfill or site remediation cap.

3.6.3Limited Maintenance and Repair Activities

A. Limited repair and maintenance of an existing structure located in a jurisdictional area is allowed under § 3.6.1 of this Part as specifically provided below, so long as the repair or maintenance does not increase the size of the structure vertically or horizontally. Some limited structural changes also may be exempt, as specifically provided below. For purposes of § 3.6.3 of this Part, repair and maintenance is limited to routine activities necessary to ensure the upkeep of structures built in accordance with all necessary Federal, State and local permits.

1. Normal maintenance of existing or approved structures and accessory structures to maintain their integrity and condition; or

2. Replacement of functional drainage structures, provided that:

a. Culverts of more than fifty feet (50') are the same size, length, capacity and invert elevation as the present structure;

b. Culverts of fifty feet (50') or less maintain the same slope, a nominally equivalent cross-sectional area and the same invert elevation as the present structure with no more than five foot (5') extensions in length on either end;

c. The project or activity does not result in sediment transport to freshwater wetlands or buffers or result in any filling, draining, or impoundment of freshwater wetlands, buffers or floodplains beyond what was approved or existing; and

d. The property owner maintains site plans that detail the condition of the drainage structure as it existed prior to replacement. A riprap scour pad not greater than ten feet (10') in length may be placed at the culvert outfall if an erosion problem is evident, provided that the access for fish and wildlife is not impeded; or

3. Cleaning of drainage pipes, culverts, catch basins, manholes, drainage swales, and removal of accumulated sediment within ten feet (10') of the inlet or outlet, provided there is no disturbance to the original soil substrate. For purposes of § 3.6.3(A)(3) of this Part, a drainage swale is a conveyance that facilitates the drainage of stormwater from paved or disturbed areas, but does not meet the definition of river or stream; or

4. Repaving of, or undertaking normal roadway maintenance of, paved public and private roadways, bikeways or footpaths, provided there is no expansion of these facilities. Normal roadway maintenance includes: resurfacing or in-place recycling of paved surfaces; repairs to, resetting or replacing curbs, berms, sidewalks or guardrails; addition of guardrails, signing, striping or signals; adjusting manholes, catch basins or utility structures to grade; structural repairs to, or in-place replacement of manholes, catch basins or grates; and installation of wheel chair ramps in existing sidewalks. Paving or oiling of dirt roads, however, is considered an alteration which requires a permit; or

5. Repair to or maintenance of a stream crossing, such as a stone ford and its approach, or any unpaved road which is used at least on an annual basis, provided that any increase in road surface cover does not require the expansion of any slopes further into the freshwater wetland, buffer or floodplain beyond the present toe of slope and provided that any increase in height does not exceed two inches (2"). Repair or maintenance to any stream crossing and its approach must be done during low or no flow periods; or

6. Repair of docks and footbridges. This does not include enlargements or extensions; or

7. Repair to boat ramps which does not include enlargements; or

8. Repair to any bridge or culvert, including repair of cracks and spalling; sealing of joints; repointing of masonry; replacement of decking with no replacement of other structural members or increase in the deck width; repairs to or replacement of signage, railings, or lighting; and painting provided that:

a. The repair does not require vehicular equipment access beyond the existing road surface;

b. No permanent changes will occur in streambed geometry or hydraulic capacities;

c. All cleared or disturbed areas are allowed to revegetate;

d. Temporary cofferdams are limited to placement of sandbag/liner cofferdams or similar structures that allow for unhindered flow in the remaining channel and do not require disturbance of the substrate of any freshwater wetland or watercourse; and

e. Provided that any material removed from the structure during repair is disposed of properly; or

9. Removal of manmade trash from a jurisdictional area that is not within a freshwater wetland or buffer is exempt. Removal of manmade trash from freshwater wetlands, buffers or floodplains without causing any change in their profile or general character is also exempt, provided that the removal must be performed manually, or by equipment when chains or cables can be attached to the item to be removed and the equipment can be operated from a road, parking area, or other similar location. Removal of natural material such as logs, brush, or trees from freshwater wetlands, including flowing bodies of water or from buffers must be limited to problem locations where lack of removal will result in erosion or blockage of culverts, obstruction of existing paths, or prevention of canoeing access; or

10. Repair to or in-place replacement of shoreline stabilization structures such as stone or masonry walls, provided that there is no change in the dimension or location of the structure and no material is placed in any location or in any manner that would impair surface water flow, and no material is placed in a manner such that it will be eroded by normal or expected high surface water flows; or

11. Maintenance of soil erosion and sediment control management practices and stormwater management practices in accordance with a plan approved by the Department; or

12. Maintenance of existing or approved bathing beach that does not expand or otherwise change the size or shape of the beach; or

13. Inspection, maintenance and repair to those utility poles, structures, equipment or underground lines or pipes which are necessary to provide utility services to the public; or

14. Replacement of utility poles, including changes in physical size, without any change to existing or approved cleared rights-of-way; or

15. Repair and replacement of utility lines attached to existing or approved bridges or in existing or approved roadways and railway beds provided anti-seepage collars are used as appropriate to prevent sub-draining effects on freshwater wetlands; or

16. Maintenance by municipalities of surface water impoundments used for drinking water supplies, provided that all maintenance activities occur within the existing boundary perimeters of the impoundment and that the municipality provide the Department with twenty (20) days advance written notice of such maintenance activity in accordance with R.I. Gen. Laws § 2-1-21(a); or

17. Repair and replacement of wells and their supply lines, provided that the following conditions are met:

a. All cleared vegetation is allowed to re-grow naturally;

b. The volume of withdrawal from the replacement well is no greater than five hundred (500) gallons per day;

c. The repair/replacement well will service the same lot as its predecessor;

d. No other feasible upland alternative is available; and e. All freshwater wetlands and buffer disturbance is limited to the maximum extent possible; or

18. Repair of failed onsite wastewater treatment system (OWTS), made in accordance with the Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems, Subchapter 10 Part 6 of this Chapter; or

19. In-kind replacement of existing or approved buildings and constructed accessory structures if destroyed by fire or natural causes; or

20. Repaving or undertaking normal maintenance of existing parking lots where any pavement removal exposing erodible soils is less than ten thousand square feet (10,000') in area; or

21. Repair, replacement or installation of gates, boulders, logs or other physical barriers intended to limit unauthorized vehicular access to existing or approved driveways or access roads, provided that the following conditions are met:

a. Such barriers extend along or beyond the edge of the access road no farther than necessary to limit vehicular access; and

b. No structural or material barriers are placed in freshwater wetlands.

3.6.4Demolition of Buildings or Accessory Structures

A. Demolition of buildings, parking areas or accessory structures is allowed within a jurisdictional area in accordance with § 3.6.1 of this Part only where:

1. The demolition of a building, parking area or accessory structure is not associated with new construction on the same property;

2. All material is properly disposed of in accordance with all State laws and Rules, and the material is not disposed of or stockpiled in any freshwater wetlands, buffers, floodplains, areas subject to flooding, areas subject to storm flowage or setbacks;

3. All pre-demolition grades are restored and all disturbed soils are stabilized;

4. Clean fill is used, where foundation holes or cellars of demolished buildings are to be filled;

5. All rubble and demolition debris are removed from the soil surface when demolition is complete;

6. Demolition activity and equipment operation are maintained within existing or approved disturbed areas on the property; and

7. All disturbed soils are loamed and seeded.

3.6.5Single-Family Residences and Accessory Structures

A. The following limited changes to existing or approved single family residences and accessory structures within a jurisdictional area are exempt in accordance with § 3.6.1 of this Part provided that: no freshwater wetlands or buffers are altered or artificially illuminated; all construction activity is located within existing or approved cleared areas, such as parking areas, lawns or cultivated fields; and all construction activity is located outside of floodplains, areas subject to flooding or areas subject to storm flowage, and is at least twenty-five feet (25') from any pond, marsh, or swamp, and is at least fifty feet (50') from any flowing body of water, bog or vernal pool:

1. Horizontal addition, such as a family room, bedroom, attached garage, or house wing, that is less than or equal to six hundred square feet (600') in footprint;

2. Vertical addition of no more than two (2) stories;

3. Attached deck, enclosed porch, exterior ramp, or patio less than or equal to six hundred square feet (600') in footprint;

4. Stand-alone garage, shed, or greenhouse less than or equal to six hundred square feet (600') in footprint;

5. Pervious driveway less than or equal to six hundred square feet (600');

6. Alteration to an onsite wastewater treatment system (OWTS) approved in accordance with the Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems, Subchapter 10 Part 6 of this Chapter;

7. Installation of outlets for French drains, subdrains, or sump pumps is permissible within a jurisdictional area provided that the discharge outlets are located outside of any freshwater wetlands or buffer; or

8. Other accessory structures, including rain gardens or infiltration structures for roof drains and other stormwater management practices, except as limited in §§ 3.6.5(A)(1) through (7) of this Part.

3.6.6Non-Residential Buildings or Multifamily Residences and Accessory Structures

A. The following limited changes to existing or approved non-residential buildings or multifamily residences and accessory structures within a jurisdictional area are exempt in accordance with § 3.6.1 of this Part provided that: no freshwater wetlands or buffers are altered or artificially illuminated; all construction activity is located within existing or approved cleared areas, such as parking areas, lawns or cultivated fields; and all construction activity is located outside of floodplains, areas subject to flooding or areas subject to storm flowage and is at least twenty-five feet (25') from any pond, marsh, or swamp and is at least fifty feet (50') from any flowing body of water, bog or vernal pool:

1. Horizontal addition with less than or equal to a six hundred square foot (600') footprint;

2. Vertical addition limited to no more than two (2) stories;

3. The foundation and enclosure is limited, per lot, to storage coolers, dumpsters, equipment sheds, or garages, each of which is less than or equal to six hundred square feet (600') in footprint;

4. Attached exterior ramp; or

5. Alteration to an onsite wastewater treatment system (OWTS) approved in accordance with the Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems, Subchapter 10 Part 6 of this Chapter.

3.6.7Emergency Environmental Protection

A. Emergency installation of environmental protection structures, and undertaking of activities directly associated with the emergency containment and cleanup of oil or hazardous materials in a jurisdictional area, including the resolution of leaking underground storage tanks, is permissible in accordance with § 3.6.1 of this Part provided that such installation or activity is undertaken under the direct supervision of Department or Federal cleanup personnel or the Department's emergency response personnel. During the emergency cleanup, unnecessary alterations of freshwater wetlands, buffers and floodplains shall be prevented to the maximum extent possible, and best management practices for erosion and sediment controls must be initiated and maintained. Where applicable, heavy equipment working in freshwater wetlands must be placed on mats, and other temporary measures must be taken to minimize soil and habitat disturbance. Following emergency cleanup, the disturbed area must be stabilized and restored to the satisfaction of the Department.

B. The Freshwater Wetlands Program must be notified of the initiation of emergency environmental cleanup and upon completion of emergency cleanup activities.

3.6.8Site Remediation

A. Activities within a jurisdictional area which are required by the Department for remediation of contamination resulting from releases of oil or hazardous materials are allowed in accordance with § 3.6.1 of this Part provided that:

1. All site remediation activities are under the direct oversight or control of the Department;

2. The initial document or plan identifying potential impacts to the jurisdictional area and all subsequent action plans are submitted, whenever necessary, for the Freshwater Wetlands Program review;

3. The remediation activities are only those necessary to protect or restore freshwater wetlands or buffers from impacts or substantial threats resulting from actual releases of hazardous materials; and

4. The remediation activities incorporate all measures necessary to fully protect, replace, restore or mitigate the harm to any affected freshwater wetlands or buffers including best management practices, best available technologies, and any other measures which, in the opinion of the Department are necessary to:

a. Comply with the substance and intent of these Rules;

b. Protect the freshwater wetlands, buffer and floodplain environment; and

c. Protect the functions and values provided by freshwater wetlands, buffers, floodplains, areas subject to flooding and areas subject to storm flowage.

3.6.9Utility Emergencies

Emergency access and repair or replacement of utility lines, poles, pipes, structures, equipment or facilities which is necessary as a result of storm damage, acts of vandalism, accidents or equipment failure is permissible in accordance with § 3.6.1 of this Part provided that all affected freshwater wetlands, buffers, floodplains, areas subject to flooding and areas subject to storm flowage are fully restored following completion of the repair or replacement.

3.6.10New Utility Lines

A. Installation, in accordance with § 3.6.1 of this Part, of new utility lines, poles, pipes, structures, equipment or facilities is permissible only where installation occurs on, above, or beneath existing or approved paved or unpaved roadways and their existing or approved cleared shoulders, or on, above, or beneath existing or approved railroad beds and their existing or approved cleared shoulders; and where anti-seepage collars are used as appropriate to prevent sub-draining effects on freshwater wetlands; and provided that:

1. Existing culverts and the flow of water under bridges in roads or highways are not permanently blocked or disrupted by going under or attaching to such structure;

2. The project does not cause any diversion of ground or surface water to or from any freshwater wetlands;

3. The preconstruction contours are restored immediately upon installation;

4. All work in any freshwater wetlands in the easement is undertaken during low-flow periods;

5. All disturbed areas are revegetated after restoring contours; and

6. The project design incorporates best management practices for dewatering excavated areas.

B. Installation, in accordance with § 3.6.1 of this Part, of new or replacement utility lines and pipes to an existing structure where the pipe or conduit crosses any jurisdictional area, including area subject to storm flowage, that is not freshwater wetland or buffer, is permissible provided that the preconstruction contours are restored immediately upon installation.

C. Installation, in accordance with § 3.6.1 of this Part, of overhead poles or cable lines that are conveyed on singular poles, including the installation of the pole(s), is permissible within a jurisdictional area that is not freshwater wetland or buffer, provided that:

1. The lines do not cross over or through any area of freshwater wetland or buffer; and

2. The preconstruction contours are restored immediately upon installation.

3.6.11Agricultural Practices By Any Property Owner Other Than a Farmer

A. Continuing agricultural practices in a jurisdictional area, including cutting or clearing of invasive plants, by any property owner other than a farmer are permissible in accordance with § 3.6.1 of this Part provided that the activities are restricted to existing or approved gardens, pastures, and fields which have been in use on a regular basis.

B. Expansion of gardens, pastures, and fields within a jurisdictional area is exempt, in accordance with § 3.6.1 of this Part, provided that:

1. No freshwater wetlands are altered; and

2. All activity is located outside of any designated buffer zone (see § 3.23 of this Part) and does not cause filling of any floodplains, areas subject to flooding or areas subject to storm flowage.

3.6.12Normal Farming and Ranching Activities

Normal farming and ranching activities carried out by farmers, as defined herein, are exempt from obtaining permits in accordance with the provisions of § 3.13 of this Part and the R.I. Gen. Laws §§ 2-1-22(i) and (k).

3.6.13Conservation Activities

A. Conservation activities, such as fish and wildlife management that are carried out on State or Federal property by the Department or by the U.S. Department of Interior Fish and Wildlife Service, are permissible in accordance with § 3.6.1 of this Part. Such activities are limited to the following:

1. Manipulation of water elevations within impoundment areas on State or Federal property for the purpose of habitat and species management;

2. Management of species and habitat conditions by cutting, clearing, planting, plowing, or prescribed burning;

3. The maintenance, repair or installation of in-stream structures for manipulation and management of fisheries habitat including fish ladders, fish diversions, fish traps and structures to moderate river or stream velocities/volumes for fisheries management objectives;

4. The maintenance, repair, replacement or installation of any water control structure within an existing low hazard dam maintained and operated by the Division of Fish and Wildlife for the management or conservation of waterfowl or wildlife;

5. The maintenance, repair, replacement or installation of small signs for the purpose of trail markers, identification of property boundaries or display of educational materials; and

6. The activities described in §§ 3.6.13(A)(2) through (4) of this Part on lands controlled by easement held by the State or Federal government provided that flow levels are maintained.

B. This Rule does not allow for the installation or removal of dams, construction of new ponds, or filling or permanent drainage of freshwater wetlands, buffers, or floodplains.

3.6.14Monitoring and Research Activities

A. The following monitoring and research activities are authorized within a jurisdictional area in accordance with § 3.6.1 of this Part provided that there is no permanent loss of freshwater wetlands, buffer, floodplain, area subject to flooding or area subject to storm flowage, any soil disturbance is stabilized, any temporary subsurface borings are properly closed, and the area is allowed to revert to its natural condition.

1. Installing groundwater monitoring wells to determine the depth to the water table or the extent of subsurface contaminants; installing groundwater table test pipes; onsite wastewater treatment system (OWTS) test holes; taking exploratory borings for soil and ledge/bedrock assessments; and installing pump test wells for the purpose of investigating public water supply, including piezometers, staff gages, and groundwater monitoring wells;

2. Installing stream flow gauging stations by the United States Geological Survey, Water Resources Division or by public water supply districts;

3. Harvesting limited quantities of vegetation to estimate plant productivity or biomass;

4. Clearing footpaths or transect lines no greater than five feet (5') in width to permit wildlife surveys or access to sampling stations or plots;

5. Excavation of temporary pits for examination of soil properties and for the collection of soil samples; or

6. Construction of temporary blinds for wildlife observation.

3.6.15Temporary Educational, Recreational and Cultural Structures

The placement of temporary inert structures or items for use during specific events such as water-skiing competitions, boat races, or public events or festivals is permissible in accordance with § 3.6.1 of this Part, provided that such structures or items are in place no longer than thirty (30) days, are removed immediately after the specific event, and where they do not result in impedance of flow. Such structures consist of temporary buoys, markers, floating docks less than one hundred fifty square feet (150') in size, and other similar structures.

3.6.16Moorings and Anchorage for Single Boats

One (1) mooring or anchorage (not to exceed a weight of one hundred (100) pounds) per waterfront lot for use by a single boat may be placed in accordance with § 3.6.1 of this Part.

3.6.17Fire Fighting

A. Emergency withdrawal of water from a pond or flowing body of water for the purpose of fighting fires is permissible in accordance with § 3.6.1 of this Part, provided that the water withdrawal is for a specific emergency event and that other sources of water are inadequate or inaccessible at the time of the emergency.

B. The installation of dry hydrants in ponds for fire-fighting purposes only is permissible in accordance with § 3.6.1 of this Part, provided that there is no cutting or clearing of woody vegetation and the intake pipe is at least one foot (1') above the pond bottom.

3.6.18Restoration Planting Projects

A. Planting in a jurisdictional area, other than freshwater wetlands, is permissible in accordance with § 3.6.1 of this Part, provided that the following conditions are met:

1. The purpose of the project is to restore a disturbed, degraded or unvegetated area such as a mowed lawn, a gravel area, or a parking lot;

2. No cutting or clearing of native trees or shrubs will occur. Cutting of existing groundcover to create a plantable site is limited to an area immediately around each new plant, not to exceed a radius that is twice the diameter of the root ball;

3. Pavement removal is limited to that area that will be planted;

4. All plantings must be non-invasive species, with a preference for native species, and suitable for the site condition;

5. No excavation, filling, draining or grading is allowed except for the addition of topsoil for each new plant and the application of a layer of mulch or woodchips less than two inches (2") deep around each new plant;

6. All disturbed soils must be stabilized with a suitable conservation seed mix with a preference for native seed mixes;

7. All plantings must be cared for and watered until they are established; and

8. Except in areas that are currently paved or compacted gravel, protective practices are implemented to safeguard potential turtle nesting areas, including minimizing soil disturbance from May 15^th through September 15^th.

B. For tracking purposes, the property owner must notify the Department's Water Quality and Wetland Restoration Team, in writing, within thirty (30) days after completion of the restoration planting project.

3.6.19High Hazard and Significant Hazard Dams

Maintenance, repair and emergency repair of high hazard and significant hazard dams, as defined in the Department's Rules and Regulations for Dam Safety, Part 130-05-1 of this Title, are permissible, provided that all proposed projects and activities adhere to the requirements of said Rules, and provided that the project will not result in a substantial alteration of a dam, as defined herein.

3.6.20Low Hazard Dams

A. Limited cutting or clearing of vegetation is permissible, in accordance with § 3.6.1 of this Part, and as specifically provided for below:

1. The cutting or clearing is limited to areas on and adjacent to the low hazard dam, such that it does not exceed fifteen feet (15') from the perimeter of the dam, including the toe; or

2. The cutting or clearing is necessary to access the dam to complete maintenance activities.

B. Limited maintenance of low hazard dams to maintain them in proper working order is permissible, in accordance with § 3.6.1 of this Part, provided that the activities are limited to filling minor erosion areas, lubricating and exercising equipment, and re-pointing masonry areas.

C. Inspection, maintenance and repair to any water control structure within a low hazard dam is permissible, provided that the Freshwater Wetlands Program receives written notification at least ten (10) days prior to the commencement of the activity. Such notice must explain the activity to be performed and must state the expected time of completion. The normal water surface elevation shall not be substantially lowered except for that which is necessary to complete the inspection, maintenance or repair of the structure. Where practicable, either normal water elevations or temporarily lowered water elevations must be maintained by the use of temporary cofferdams. Such cofferdams must remain in place until maintenance is completed and must be removed upon project completion.

3.6.21Crossing or Relocating an Area Subject to Storm Flowage

A. Crossing or relocating an area subject to storm flowage that is not within a freshwater wetland, buffer or floodplain is permissible in accordance with § 3.6.1 of this Part, provided that the activities:

1. Do not change the flow capacity of the area subject to storm flowage;

2. Do not create a new discharge point; and

3. Do not change the flood storage capacity.

3.6.22Restoration of Freshwater Wetlands Resulting from Unauthorized Alterations

A. Activities within a jurisdictional area which are required by an enforcement action issued by the Department to restore unauthorized alterations in freshwater wetlands, buffers, floodplains, areas subject to flooding or areas subject to storm flowage are allowed in accordance with § 3.6.1 of this Part provided that:

1. All activities which may affect freshwater wetlands, buffers, floodplains, areas subject to flooding or areas subject to storm flowage are under the direct oversight or control of the Department;

2. The activities are only those necessary to carry out the requirements as directed by the Department to protect or restore freshwater wetlands, buffers, floodplains, areas subject to flooding or areas subject to storm flowage; and

3. The activities incorporate all measures necessary to avoid and minimize impacts to freshwater wetlands, buffers, floodplains, areas subject to flooding or areas subject to storm flowage and will protect, replace, restore, or mitigate the harm to any affected resource by including best management practices, best available technologies, and any other measures which, in the opinion of the Department are necessary to:

a. Comply with the substance and intent of these Rules;

b. Protect the freshwater wetland environment; and

c. Protect the functions and values provided by freshwater wetlands, buffers, floodplains, areas subject to flooding or areas subject to storm flowage.

3.6.23Control of Invasive Plants

A. Limited cutting and clearing of invasive plants is allowed in accordance with § 3.6.1 of this Part provided that:

1. A permit for control of aquatic nuisance plant species using pesticides/herbicides is obtained from the Division of Agriculture, Pesticide Control Program and all treatments are applied by a Department licensed applicator; or

2. The hand-pulling and removal of water chestnut (Trapa natans) is in accordance with a project description and location provided to the Department's Water Quality and Wetland Restoration Team and is reviewed and authorized by the Team; or

3. The cutting for invasive species control is within freshwater wetlands or buffers, where necessary to facilitate the growth of native plants, and provided that:

a. The project description and location are submitted to the Department's Water Quality and Wetland Restoration Team for review, and the project is deemed to contain the necessary controls and expertise; and

b. Projects in freshwater wetlands or buffers that propose soil excavation shall not be exempt according to this Rule; or

4. The cutting and clearing of invasive plants is within a jurisdictional area that is not freshwater wetlands, buffer or buffer zone.

3.6.24Pedestrian Trails

A. Establishment of a new pedestrian trail within a jurisdictional area is allowed in accordance with § 3.6.1 of this Part only when:

1. All activities are conducted outside of freshwater wetlands and buffer zones;

2. The trail and associated limits of disturbance are no wider than four feet (4') wide;

3. Any grade changes shall not exceed four inches (4") for the establishment or maintenance of the trail;

4. There is no increase in impervious area; and

5. No alteration of surface or groundwater flows will occur except as may otherwise be allowed in § 3.6.21 of this Part.

250 R.I. Code R. 250-RICR-150-15-3.6

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