650 R.I. Code R. 650-RICR-20-00-9.8

Current through December 3, 2024

Section 650-RICR-20-00-9.8 - Application Types and General Application Requirements

§ 9.8 of this Part describes general application requirements and provisions applicable to all application types unless otherwise specified herein. Additional requirements for each application type are described within §§ 9.9 through 9.14 of this Part.

9.8.1Application Types

A. These Rules provide for the following types of applications:

1. Request to determine the presence of jurisdictional area: This application may be submitted to request that the CRMC determine whether a regulated freshwater wetland or other jurisdictional area is present on the applicant's property (see § 9.9.2 of this Part). The CRMC is the sole authority to determine which areas are deemed freshwater wetlands, buffers, floodplains, areas subject to storm flowage or areas subject to flooding.

2. Request to verify freshwater wetland edges: This application may be submitted to request that the CRMC confirm the freshwater wetland edge(s) delineated by the applicant and, if in substantial agreement with the documentation provided, confirm the presence of the identified freshwater wetlands and their delineated edges (see § 9.9.3 of this Part). Furthermore, the CRMC will identify the type(s) of freshwater wetland(s) verified with the applicable buffer zones and associated jurisdictional area.

3. Request for regulatory applicability: This application may be submitted to request that the CRMC make a determination as to whether a proposed project does or does not require a permit (See § 9.9.4 of this Part).

4. Application for a freshwater wetlands general permit: This application may be submitted to seek approval for a proposed project that meets all of the eligibility requirements of a freshwater wetland general permit as specified in § 9.10 of this Part.

5. Application for a freshwater wetlands permit (See § 9.11 of this Part).

a. The freshwater wetlands permit decision serves as the preliminary determination pursuant to R.I. Gen. Laws § 2-1-22(a).

b. Unless a proposed project or activity is exempt under § 9.6 of this Part or is eligible for approval for a freshwater wetlands general permit under § 9.10 of this Part, this application must be submitted for a project within a jurisdictional area or that requires approval from the CRMC pursuant to § 9.5 of this Part.

c. For a project that does not meet all of the standards specified in § 9.7.1 of this Part, a request for a variance to the standards in accordance to § 9.7.3 of this Part must be submitted with the application for a freshwater wetland permit.

6. Application for a significant alteration: This application must be submitted to obtain a permit for a proposed project that will, or is likely to, result in a significant alteration of a freshwater wetland, buffer or floodplain (See § 9.12 of this Part).

7. Application for emergency alteration: This application must be submitted either by the owner of the property or an appropriate official, orally or in writing, to request a permit for an emergency alteration in the event that public health or safety is at imminent risk (See § 9.14.1 of this Part).

8. Application for permit renewal: This application must be submitted to renew a previously granted freshwater wetland permit (See § 9.14.2 of this Part).

9. Application for permit modification: This application must be submitted to request approval of a minor modification to a previously permitted project (See § 9.14.3 of this Part).

10. Application for permit transfer: This application may be submitted to request the transfer of a valid permit to a new property owner (See § 9.14.4 of this Part).

11. Application relating to farmers: This application must be submitted directly to the DEM Division of Agriculture for a determination as to whether the project represents an insignificant or a significant alteration in accordance with § 9.13 of this Part.

9.8.2Application Forms and Their Submission

A. What to submit: It is the responsibility of each applicant to submit a completed application package, including originals of all applicable forms and any additional supporting information required by the CRMC as specified in §§ 9.8 through 9.14 of this Part. The application must be accompanied by full payment of any applicable fee set forth in §§ 9.8.8 and 9.8.9 of this Part.

B. Who may submit: The applicant must be the owner or owners of the property or easement that is the subject of the application, or it must be the government agency or entity with power of condemnation over such property or easement.

C. Notification of applicant and agents: The CRMC will mail notices and other written communications regarding the application to the applicant and to the applicant's attorney, agent or other representative if, at the time the application is filed, the applicant so informs the CRMC in writing of his or her name and mailing or e-mail address.

9.8.3Signatures

A. All application forms must be signed by the applicant, and the applicant's name must be clearly printed near the signature. In cases where a power of attorney is exercised, a notarized copy of the power of attorney must be attached to the application.

B. In cases where the property is owned or controlled by a person that is not an individual, the application shall be signed as follows, and shall be accompanied by the titles of all such signatories:

1. For a corporation, company, fire district, association, club, non-profit agency or other entity not specifically identified in § 9.8.3(B)(1) of this Part: by an officer with legal authority to bind the appropriate entity;

2. For a partnership: by a general partner;

3. For a municipal, State or Federal government, or any division, subdivision or agency thereof: by either a principal executive officer or by a ranking elected official. For purposes of this section, a principal executive officer of a governmental agency includes:

a. The chief executive officer of the agency, or

b. A senior executive officer having responsibility for the overall operations of a principal organizational unit of the agency;

4. For an estate: by the executor/executrix or administrator of the estate.

C. Applicants proposing projects on their own property and within a jurisdictional area either partially or wholly on property owned or controlled by others must obtain written notarized authorization from the landowner of the property within which the jurisdictional area will be directly altered as a result of a proposed project. Such written, notarized authorizations must be provided to the CRMC as part of the application package and must expressly authorize the applicant to apply for the proposed site alterations as depicted on the site plans submitted with the application. The authorizing landowner does not become an "applicant' as described in § 9.8.2(B) of this Part by granting such written notarized authorization to an applicant.

D. Written notarized authorization shall not be required for freshwater wetland alterations associated with full or partial removal of a dam proposed for the purpose of habitat improvement, restoration or dam safety. The surface water (impounded) upstream of the dam must be considered a flowing body of water, and not a pond, both prior to and after completion of the project. This exemption applies subject to confirmation by the CRMC.

E. If the applicant is a government agency or entity, the agency or entity must demonstrate that it:

1. Owns the property or holds an easement of sufficient scope to cover the proposed project or activity; or

2. Has the requisite power of condemnation with regard to the relevant area. In such cases, authorization from each property owner who owns property containing jurisdictional area that will be altered as a result of a proposed project or activity is not required.

F. Any change in property ownership during the processing of any application will require the following:

1. The submission of a new application form with the identity of the new owner and appropriate signatures; and

2. A certified copy of the deed of transfer for an application for a significant alteration under § 9.12 of this Part only.

9.8.4Site Plan Requirements

A. Site plans must be submitted with the following application types:

1. Request to verify freshwater wetland edges (§ 9.9.3 of this Part);

2. Application for a freshwater wetlands general permit (§ 9.10 of this Part);

3. Application for a freshwater wetlands permit (§ 9.11 of this Part);

4. Application for a significant alteration (§ 9.12 of this Part); and

5. Application for permit modification (§ 9.14.3 of this Part).

B. Site plans may be required for other application types as specified in §§ 9.9 through 9.14 of this Part.

C. The correct number of site plans required by the application package must be provided at the time of submission. If additional plans are required, the applicant will be informed and must submit them.

D. All site plans must be drawn to scale. The scale of all plans must be no smaller than one (1) inch = one hundred (100) feet (1" = 100'); however, a larger scale is preferred (e.g., one (1) inch = forty (40) feet (1" = 40'). Where additional detail is required to complete its evaluation, the CRMC may require larger scaled details.

E. All site plans must be at least eight and one half inches by eleven inches (8 1/2" x 11") in size but no larger than twenty-four inches by thirty-six inches (24" x 36").

F. All site plans must contain a title block, the original date of the plan, and the latest revision date of the plan if applicable. The title block must include the name of the person or party involved, the proposed project title, if any, the principal street or road abutting the site, the tax assessor's plat and lot number(s), the city or town, the name of the preparer, and the scale of the plan.

G. All site plans containing more than one (1) sheet must be numbered consecutively (specifically: "page 1 of [total number of sheets]," and so forth).

H. All site plans must contain a legend which explains all markings or symbols.

I. All site plans must have all markings permanently fixed. Site plans that are pieced together with tape or contain markings of pen, pencil, crayon, markers or other items that can be changed or altered at a later date are not acceptable. Blueline or blackline prints or photocopies of originals are acceptable.

J. All site plans must, at a minimum, depict the following:

1. Street(s) abutting the site with fixed reference points, (e.g., utility poles and numbers, house and number, and any other similar structures);

2. Distance and direction to nearest street intersection;

3. Magnetic north arrow;

4. Entire property boundary outline and dimensions, which may be shown on a separate plan sheet;

5. Inset map showing location of site in the community;

6. Any other fixed referenced points or developed land including, but not limited to, stone walls, buildings, fences, edges of fields/woods, trails, access roads, bare gravel or paved areas, impervious surfaces, lawns and landscaped areas; and

7. Scale of plans.

K. All site plans indicating physical features, distances, contour elevations, property lines, freshwater wetland edges, or other information provided as baseline data must clearly note whether such information was obtained by on-site survey, by aerial photogrammetry sources, or by reproduction from other maps or plans. Site plan information obtained from aerial photogrammetry sources or by reproduction from other plans or maps must provide an estimate of the maximum possible horizontal or vertical error between the information provided and the actual on-site conditions. Site plans developed from on-site surveys must clearly note what class or standard the survey meets.

L. All site plans submitted with a request to verify freshwater wetland edges, an application for a freshwater wetlands general permit, an application for a freshwater wetlands permit or an application for a significant alteration must accurately depict the edge of all freshwater wetlands, applicable buffer zones, and the limits of other applicable jurisdictional area in accordance with § 9.8.5 of this Part.

M. All site plans submitted for review or approval of a proposed project shall include and depict the following, where applicable:

1. Where changes to grades are proposed, both current and proposed contour line elevations at maximum intervals of two feet (2') and where no changes to grades are proposed, include a notation which so indicates;

2. Profiles and cross sections drawn to scale;

3. A labeled 'limit of disturbance' that encloses all proposed temporary and permanent vegetative clearing and surface or subsurface disturbance associated with the proposed project;

4. All temporary and permanent erosion and sediment controls;

5. All temporary and permanent stormwater, flood protection and water quality management controls, and all best management practices;

6. All proposed measures to conduct, contain or otherwise control the movements of surface water, groundwater, or stormwater flows; and the ultimate destination of such flows;

7. Any and all construction activities either above or below the earth's surface proposed to occur within a jurisdictional area including the height of buildings;

8. Any additional specific requirements contained in the application package checklist for proposed projects; and

9. Any area within a buffer zone that is to be created and maintained as buffer in accordance with § 9.7.1(B)(4) of this Part.

N. Each site plan sheet prepared by a registered professional must bear the stamp of that professional, along with the date and his or her signature. Site plans submitted for an application for a significant alteration must bear the stamp and signature of a registered professional engineer.

9.8.5Freshwater Wetland Edge Delineation and Related Requirements

A. Depiction on site plans - All site plans must accurately depict the following freshwater wetland edges, buffer zones, buffers and jurisdictional area as follows:

1. The edge of any freshwater wetlands relied on for depiction of associated buffer zones;

2. The edge and direction of flow of any river, stream, area subject to flooding or area subject to storm flowage;

3. The outer extent of any applicable buffer zone;

4. The edge and elevation of any flood plain and the limit of any floodway (Note: The CRMC may grant an exception to this requirement when:

a. Pre-determined one hundred (100) year flood elevations are not available from published sources including previous engineering studies; and

b. When a registered professional engineer provides clear and convincing documented evidence that the project site is above any probable one hundred (100) year flood elevation; and

5. The outer extent of the jurisdictional area; and

6. The name of any surface or flowing water body or any other freshwater wetland where applicable.

B. Delineation of freshwater wetland edges shall be delineated on the property as follows:

1. The freshwater wetland edge shall be flagged with sequentially numbered or lettered flags. Flags must be placed at the freshwater wetland edge in sufficient numbers to clearly identify the edge. The distance between flags must allow for adequate visibility from one (1) flag to another;

2. The freshwater wetland edge shall be surveyed and recorded on a site plan showing the locations and numbers/letters of the flags corresponding with those flags at the site.

3. Field delineation of freshwater wetland edges may not be required in the following instances:

a. The freshwater wetland has well-defined edges, provided that the edges are otherwise accurately located, depicted and labeled on the site plans;

b. The proposed project will be sited in an already disturbed area, and sufficient fixed references are available to allow for on-site confirmation of freshwater wetland edges (in such cases, depiction on site plans of approximate freshwater wetland edges will be acceptable); or

c. The freshwater wetland is on adjacent or nearby property, provided that the depiction of freshwater wetland edges on the site plans submitted pursuant to this Rule is based on best available mapping or other reliable information and sufficient fixed references are available to allow for onsite confirmation.

4. Field delineation of the edges of rivers, streams, areas subject to storm flowage, buffers, buffer zones, jurisdictional area limits or floodplains, or the contiguous jurisdictional area that extends outward from the edges of rivers, streams, drinking water supply reservoirs and all other freshwater wetlands is not required.

C. Use of global position system (GPS) technology to delineate freshwater wetland edges is permissible only if GPS results are at least as accurate as a ground survey. The use of GPS must be so noted on site plans, and the CRMC reserves the right to require a standard ground survey.

9.8.6Additional Site Work

A. To facilitate site inspection by the CRMC, the applicant must perform site work to clearly identify and label the following activities and features, as applicable:

1. Property boundaries in or adjacent to freshwater wetlands, if few or no fixed reference points are available;

2. Freshwater wetland edges, in accordance with §§ 9.8.5 and 9.21 of this Part, flagged for verification or for review of a proposed project;

3. Periodic points of reference to the proposed project;

4. The boundary of the outermost limit of disturbance (e.g., filling, clearing, soil disturbance);

5. Outlines of proposed stormwater best management practices;

6. Subdivision lots and numbers;

7. Corner locations of proposed structures in or adjacent to freshwater wetlands;

8. Corner locations of proposed septic systems on proposed lots containing freshwater wetlands (staked and labeled);

9. Center lines of roadways, pipelines and utility lines, with station numbers indicated; and

10. Centerlines of proposed drainage channels.

9.8.7Requirements Regarding Use of Professionals

A. State or other law, including these Rules, may require professionals to prepare site plans, specifications, reports or other documents related to activities subject to these Rules. The applicant, or the respondent in matters concerning enforcement actions, is responsible for engaging or employing any and all such professionals. Such licensed professionals shall affix their stamp, signature and date of signing upon those plans, specifications, documents, or portions thereof, for which they are responsible.

B. When a registered professional engineer is engaged, all engineering work that applies to the project application (e.g., drainage calculations and drainage narrative) must be stamped by the engineer; and the engineer shall be registered in the State of Rhode Island.

C. These Rules require, or provide the CRMC with discretion to require, the use of a registered professional engineer in the following instances:

1. Pursuant to R.I. Gen. Laws § 2-1-22, site plans submitted for an application for a significant alteration must bear the stamp and signature of a registered professional engineer.

2. The flood plain edge must be established by a registered professional engineer if one hundred (100) year flood plain data are unavailable from the Federal Emergency Management Agency (FEMA).

3. Where pre-determined one hundred (100) year flood elevations are unavailable, the applicant must provide clear and convincing documented evidence prepared by a registered professional engineer that the project site is above any probable one hundred (100) year flood elevation.

4. With regard to an application to alter a freshwater wetland, the CRMC may require written certification from a registered professional engineer attesting to the completion of all engineered portions of the project that are described or referred to in the permit and on the approved site plans.

D. As further described in guidance documents available from the CRMC, applicants are strongly advised to retain the services of qualified professionals with the educational background and experience necessary to perform the following tasks:

1. Identification and delineation of freshwater wetland edges (§§ 9.8.5 and 9.21) of this Part; and

2. Evaluation of freshwater wetland functions, values, and impacts (§ 9.12.2(A)(4) of this Part.

E. When a permit condition requires a certification that a proposed project was constructed in accordance with the approved site plans or all terms and conditions of a permit, or both, then that certification must be prepared and submitted by an appropriate licensed professional.

F. Professionals who have prepared assessments, evaluations, recommendations, or reports on behalf of an applicant or respondent in matters involving enforcement of these Rules shall be identified in the applicant or respondent filings.

9.8.8General Fee Requirement

A. The applicant must pay all required fees to the CRMC in full at the time the applicant submits any application or request for hearing.

B. The fees for proposed projects and activities are set forth in the fee schedule under § 9.8.9 of this Part.

C. Unless specified in the fee schedule, fees submitted to the CRMC are not refundable once the technical review of the application has commenced; however, for the original applicant only, the CRMC will apply fifty percent (50%) of the fee submitted for an application for a freshwater wetlands permit to the cost of a new application for the project, if:

1. A determination of a significant alteration is issued and the original applicant subsequently files an application for a significant alteration for the proposed project within six (6) months of the date the significant alteration determination was issued by the CRMC; or

2. A determination of a significant alteration is issued with recommendations to prevent such an alteration, and the original applicant files a second (2^nd) application for a freshwater wetlands permit that incorporates the recommendations, within six (6) months of the date of issue by the CRMC of the original determination.

D. All fees must be paid by check or money order made payable to the Rhode Island General Treasurer.

E. No application fees pursuant to these Rules are required for projects where the CRMC or a municipality is the applicant, or for an application for emergency alterations under § 9.14.1 of this Part.

9.8.9Fee Schedule

A. Table 2: Freshwater wetland application fees:

Application type	Lot size	Fee
1. Determine the presence of jurisdictional area:	0 - 5 acres	$150.00
	>5 - 20 acres	$250.00
	>20 acres	$500.00
2. Verify freshwater wetland edges:	0 - 5 acres	$300.00
	>5 - 20 acres	$600.00
	>20 acres	$1,000.00
3. Regulatory applicability		$150.00
4. Freshwater wetlands general permit		$150.00
5. Freshwater wetlands permit and significant alteration		See project types below
6. Permit transfer		$100.00
7. Permit modification		$150.00
8. Permit renewal		$200.00
9. Variance (Project types below with an * do not require a variance fee)		Permit fee plus $500.00

B. Table 3: Applications fees for various project types

Project type	Lot size / Number of lots	Application for freshwater wetlands permit fee	Application for significant alteration fee
1. Projects associated with existing single-family lot		$200.00	$400.00
2. Construction of new single-family lot		$450.00	$900.00
3. Projects associated with existing non-single family, not miscellaneous below	0 - 5 acres	$300.00	$600.00
	>5 - 20 acres	$1,000.00	$2,000.00
	>20 acres	$2,000.00	$4,000.00
4. Construction of new non-single family, not miscellaneous below	0 - 5 acres	$500.00	$1,000.00
	>5 - 20 acres	$1,500.00	$3,000.00
	>20 acres	$3,000.00	$6,000.00
5. New subdivisions	1-9 lots	$250.00 per lot	$500.00 per lot
10 or more lots	$2,500.00 plus $200.00 per lot	$5,000.00 plus $400.00 per lot
6. The maximum total fee for any subdivision is:		$10,500.00	$15,000.00

C. Table 4. Application fees for miscellaneous project types

Miscellaneous project type			App. for wetlands permit fee	App. for significant alteration fee
*	1. Individual docks, floats		$100.00	$300.00
*	2. Wildlife habitat project or water quality improvement project
*	3. Dry hydrants
*	4. Freshwater wetland restoration project
*	5. Aquatic plant control project
6. Land redevelopment/reuse project limited to conversion of sand and gravel banks, mill sites, abandoned commercial/industrial property to public recreation facilities		$300.00	$750.00
7. Rehabilitation of existing parks or recreational areas
*	8. Multiple docks, floats or individual boat launches
9. Pedestrian trails, paths, foot bridges
10. Irrigation projects, sub-drains
*	11. Relocation/channelization of an area subject to storm flowage
*	12. Dam repair, alteration or removal projects
13. Wells other than for single family house lots		$600.00	$2,000.00
14. New pond construction
*	15. Dredging existing ponds
16. New or replacement drainage structures/facilities, e.g., culverts
17. New access drive and roadways
*	18. Construction of all new dams		$1,000.00	$2,000.00
19. New parks or recreational areas		$1,000.00	$2,500.00
20. Land clearing and/or grading operations
21. Industrial processing/cooling, alternative energy project
22. Bike paths
*	23. River or stream relocation/channelization
24. Surface mining, e.g. gravel quarry		$5,000.00	$10,000.00
25. New golf course
	26. Road, bridge, railway, airport facility	a. Reconstruction	$2,000.00	$4,000.00
		b. New construction	$5,000.00	$10,000.00
	27. Utility installation, and transmission lines	a. Reconstruction	$2,000.00	$4,000.00
		b. New construction	$5,000.00	$10,000.00
28. Other new projects not listed above		$1,200.00	$4,000.00

9.8.10Application Coordination

A. Pre-application and other meetings. Any person may request a meeting with CRMC staff to discuss regulatory procedures and requirements consistent with guidelines established by the CRMC, including the CRMC pre-application meetings form.

1. The CRMC will allow fifteen (15) days for the municipality to provide written comment to the CRMC on any such application for a freshwater wetland permit. An application for a significant alteration shall follow procedures described in § 9.12 of this Part.

B. Coordination with the DEM's Onsite Wastewater Treatment System (OWTS) Program. The CRMC reserves the right to require that applications for the same proposed project be submitted concurrently to the DEM OWTS Program to enable the CRMC to undertake a joint review.

C. Application processing The CRMC will process completed applications generally in the order in which properly completed initial application materials are received by the CRMC, except where potential competing demands of State and CRMC priorities dictate otherwise, including, but not limited to, those applications submitted in accordance with R.I. Gen. Laws Chapter 42-117.

D. Only those applications that are determined to be complete in accordance with these Rules and are accompanied by the proper fee will be processed by the CRMC.

E. Written response. All CRMC decisions, determinations or authorizations, with the exception of responses to requests for emergency alterations under § 9.14.1 of this Part, will be issued in writing and signed by the CRMC.

G. Any determination, verification or permit issued by the CRMC pursuant to any application involving freshwater wetlands does not obviate the need for the applicant to obtain any and all other necessary permits, and for the applicant and project to comply with all other applicable Federal, State and local laws, Regulations and ordinances.

9.8.11Coordination with Municipalities

A. Applicants for major land development or major subdivision projects, as defined in R.I. Gen. Laws § 45-23-32, must submit, at the time the application is filed with the CRMC, one (1) of the following:

1. Local master plan approval; or

2. Local conditional approval of a combined master and preliminary plan; or

3. A letter from an authorized municipal official (the administrative officer) certifying compliance with local low impact development site planning and design requirements as contained within the local zoning ordinance, land development and subdivision Regulations, or other pertinent Regulations.

B. Those municipalities that want to receive notification of applications for freshwater wetland permits that are filed with the CRMC for projects that are within the municipality's boundaries shall provide the CRMC the names and email addresses of two municipal staff contact persons designated to receive such notification. The municipality shall update the contact names and email addresses with the CRMC as applicable.

C. The CRMC shall notify those municipal contact persons of the receipt of such applications for projects that are proposed within its boundaries.

D. The CRMC will allow fifteen (15) days for the municipality to provide written comment to the CRMC on any such application for a freshwater wetland permit. An application for a significant alteration shall follow procedures described in § 9.12.4 of this Part.

9.8.12Suspension of Application Process

A. In any of the following circumstances, the CRMC may at its discretion suspend the processing of an application, provided that it advises the applicant in writing and, where appropriate, it conducts an investigation of the matter alleged in any of the following circumstances:

1. Where the property with respect to which an application has been submitted is alleged to contain unauthorized alterations of a jurisdictional area, discovered either during the review of an application or during investigation of a complaint.

2. Where the property with respect to which an application has been submitted is the subject of any unresolved violation of the Rules, or which is the subject of any non-compliance with a CRMC, administrative, or judicial consent agreement, order of the Council, or judgment, or where the property subject to unauthorized alterations is not restored to the satisfaction of the CRMC.

3. Where information provided on the application form or in support of the application is misleading, false, erroneous or inconsistent with these Rules, incomplete or non-responsive to deficiencies identified by the CRMC.

9.8.13Recording of Permits

A. Whenever required by the terms and conditions of any permit or revised permit issued by the CRMC, the applicant shall record the permit or revised permit at his or her own expense in the land evidence records of the municipality or municipalities in which the property subject to the permit lies.

650 R.I. Code R. 650-RICR-20-00-9.8

Adopted effective 7/1/2022