250 R.I. Code R. 250-RICR-150-15-3.9

Current through November 7, 2024

Section 250-RICR-150-15-3.9 - Request to Determine the Presence of Jurisdictional Area, Request to Verify Freshwater Wetland Edges, or Request for Regulatory Applicability

3.9.1Purpose

A. An application may be made to the Department to request a determination regarding:

1. The presence of jurisdictional area on the property which is regulated under the Act (§ 3.9.2 of this Part).

2. The verification of the delineated edge of freshwater wetlands on the property (§ 3.9.3 of this Part); or

3. Whether the Rules apply to a proposed project, or not, or confirmation that a project is exempt according to §§ 3.6 and 3.9.4 of this Part.

3.9.2Request to Determine the Presence of Jurisdictional Area

A. An applicant seeking a Request to Determine the Presence of Jurisdictional Area must submit the following documents and adhere to the following requirements:

1. A completed application form (§§ 3.8.2 and 3.8.3 of this Part);

2. The appropriate fee (§ 3.8.9(A) of this Part); and

3. A site plan of the subject property (§ 3.8.4 of this Part) or a tax assessor's map that includes a title block and locus map, drawn to a scale no smaller than one inch (1") equals one hundred feet (100') (1" = 100'), with sufficient fixed reference points is required. The tax assessor's map must be legible and clearly depict property boundaries. The site plan or tax assessor's map must not depict any proposed project or activities.

4. If property boundaries are not clearly identifiable on the property itself, the applicant must clearly identify those boundaries with labeled markers such as flags or stakes.

B. The Department will inspect the property and issue a determination stating whether a jurisdictional area is present. The purpose of this determination is to determine whether jurisdictional area is present on the property and the type of such area, not to verify the specific location of any such area.

C. Any determination regarding the presence of a jurisdictional area issued by the Department in accordance with this Rule shall be valid for a period of five (5) years from the date of issue; any such determination issued prior to the effective date of these Rules is no longer valid.

3.9.3Request to Verify Freshwater Wetland Edges

A. An applicant seeking a Request to Verify Freshwater Wetland Edge must submit the following documents and adhere to the following requirements:

1. A completed application form (§§ 3.8.2 and 3.8.3 of this Part);

2. The appropriate fee (§ 3.8.9(A) of this Part);

3. A site plan of the subject property (§§ 3.8.4 and 3.8.5 of this Part) prepared by a qualified professional (§ 3.8.7 of this Part), that identifies the freshwater wetlands and their edges and their associated jurisdictional area that the applicant requests the Department to verify; and

4. Completed freshwater wetlands edge documentation forms (§ 3.9.3(E) of this Part).

B. Site plans submitted for Request to Verify Freshwater Wetland Edges must not depict any proposed project or activities.

C. The edge(s) of all freshwater wetlands should be identified by a qualified professional as specified in guidance documents available from the Department, and shall be delineated in accordance with the specifications set forth in § 3.21 of this Part.

D. Any delineation or identification of freshwater wetlands completed by a person other than the Department, including by an applicant or applicant's agent, shall be valid only after review and written verification by the Department (see the procedures outlined in § 3.21 of this Part).

E. For verification purposes, the applicant must undertake the following steps:

1. Identify each freshwater wetland edge that the applicant wishes to have verified on the property, and record the edge on a site plan.

a. The freshwater wetland edge on the property shall be flagged with sequentially numbered or lettered flags, and the flags must be placed at the freshwater wetland edge in sufficient numbers to clearly identify the edge to be verified. The distance between flags must allow for adequate visibility from one (1) flag to another during the growing season.

b. The freshwater wetland edge shall be surveyed and recorded on the site plans showing the location and number/letter of the flag corresponding with those flags at the site.

c. In addition to the surveyed freshwater wetland edge, periodic measurements (i.e., at least one (1) for every one hundred feet (100') of surveyed edge) must be recorded on the site plan, indicating the distance from the surveyed edge to fixed reference points on the property. Fixed reference points on the property shall include, but are not limited to: stone walls, watercourses, roads, trails, buildings, structures, fences, cut transects or traverse lines, survey stakes with stations, or other features that allow confirmation of the location of the flagged freshwater wetland edge by field measurements.

2. Identify the professional(s) conducting the delineation.

3. Provide documentation on forms provided by the Department describing the reasoning used to delineate a particular freshwater wetland edge or any series of edges.

F. Contour elevations, while helpful on site plans, are not required for Requests to Verify Wetland Edges, except where:

1. A request to verify the edge of the one hundred (100) year flood plain has been made; or

2. The freshwater wetland edge is located along or within a parcel exceeding ten (10) acres.

G. The Department will inspect the freshwater wetland edge(s) delineated by the applicant and, if in substantial agreement with the documentation provided by the applicant, confirm the presence of identified freshwater wetlands and the location of their delineated edges and identify the associated buffer zones and jurisdictional area.

H. Any verification of a freshwater wetland edge or series of edges issued by the Department shall be valid for a period of five (5) years from the date of issue. Any such verification issued more than four (4) years prior to the effective date of these Rules, or any determination issued regarding the presence or extent of those areas previously defined as "perimeter wetland" or "riverbank wetland" prior to the effective date of these Rules, is no longer valid.

I. A Request to Verify Freshwater Wetlands Edges file shall be considered closed if the applicant fails to answer any notification of application deficiency or any request for additional information from the Department within a period of two (2) years from the date of the deficiency letter or request.

3.9.4Request for Regulatory Applicability

A. An applicant seeking a Request for Regulatory Applicability should submit the following documents and adhere to the following requirements:

1. A completed application form (§§ 3.8.2 and 3.8.3 of this Part);

2. The appropriate fee (§ 3.8.9(A) of this Part);

3. A plan drawn to scale, illustrating and describing current and proposed conditions based on measured distances, and including a clearly depicted limit of clearing and disturbance, a locus map, and the location of any freshwater wetlands, freshwater wetland edges, buffer zones or buffers of concern;

4. A written project description including the purpose, size, and location of the project;

5. A written description of how potential freshwater wetland impacts have been avoided to the maximum extent possible; and

6. Photographs depicting the current site conditions in the area of the proposed work.

7. While not required, a verified freshwater wetland edge will facilitate the applicability decision, particularly where a determination of applicability, or eligibility as an exempt activity, is dependent on a proposed project's distance from the freshwater wetland edge.

B. The Department will review information provided by the applicant, and determine whether the proposed project is exempt or otherwise will not alter the character of any freshwater wetland, or whether further application is required in accordance with these Rules. If the proposed project appears to involve alteration to freshwater wetland or if the application is not clear or is missing information, further application will be required.

250 R.I. Code R. 250-RICR-150-15-3.9

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