Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act › Section 250-RICR-150-15-3.7 - Standards Applicable to Regulated Projects and Activities and Variance Procedures

Current through June 14, 2024
§ 3.7 of this Part establishes freshwater wetlands and
					 buffer standards, setback requirements and other required standards applicable
					 to projects and activities as regulated pursuant to these Rules, except as
					 provided in §
										3.6 of this Part. Exempt
					 Activities or except as governed by the provisions of §
										3.13 of this Part for
					 farmers conducting normal farming and ranching activities. The standards are
					 intended to protect and enhance the functions and values of freshwater
					 wetlands, buffers, floodplains, areas subject to flooding and areas subject to
					 storm flowage.
3.7.1
Freshwater
				  Wetlands and Buffer Protection Standards
A. General Freshwater Wetlands Protection
				  Standard All projects and activities subject to this Rule shall be designed and
				  carried out to avoid alteration of freshwater wetlands.
B. Freshwater Wetlands Buffer Standard
1.
												§ 3.7.1(B) of this Part establishes
				  buffer standards for projects and activities carried out within a
				  jurisdictional area. As defined herein, a buffer is an area of undeveloped
				  vegetated land adjacent to a freshwater wetland that is to be retained in its
				  natural undisturbed condition or an area of land that is to be created to
				  resemble a naturally occurring vegetated area. Undeveloped vegetated land is an
				  area of land that does not consist of buildings, impervious surfaces, bare
				  gravel, lawn or landscaped areas.
2. Buffer Zones. The land areas contiguous to
				  freshwater wetlands as specified in these Rules are designated as buffer zones
				  (see §
												3.23 of this Part). The
				  width of a buffer zone is measured in accordance with the procedures in §
												3.23 of this
				  Part.
3. Protection of Existing
				  Freshwater Wetland Buffers. All projects and activities shall be designed and
				  carried out to avoid alteration of buffers within buffer zones, except as
				  provided for in § 3.7.1(B)(5) of this Part, Residential Infill Lot Buffer
				  Standard. The buffer within a designated buffer zone shall consist of:
a. All undeveloped vegetated land; and
b. Any area to be newly created to
				  resemble buffer pursuant to § 3.7.1(B)(4) of this Part.
4. Creation of New Buffer on
				  Existing Disturbed Property
a. When a project
				  or activity is proposed within a buffer zone that does not consist entirely of
				  undeveloped vegetated land, new buffer area may be required to be created
				  within a portion of the buffer zone to resemble a naturally occurring vegetated
				  area.
b. A project or activity that
				  cannot, due to site constraints, avoid intrusion into the buffer zone shall be
				  designed and carried out to avoid alteration of the existing buffer as well as
				  meet the following minimum targets for creation of new buffer contiguous to
				  freshwater wetlands or existing buffer on the subject property:
(1) For proposed projects or activities on
				  property with no existing buildings, the minimum target for total buffer width
				  (existing undeveloped vegetated land plus created buffer) is:
(AA) Fifty percent (50%) of the applicable
				  buffer zone width from §
															3.23 of this Part, not to
				  exceed fifty feet (50'), on lots greater than or equal to one (1) acre;
				  or
(BB) Fifteen feet (15'), on lots
				  less than one (1) acre.
(2) For proposed projects or activities on
				  property that is greater than or equal to three (3) acres, that is not a
				  single-family residential lot of record, that contains one (1) or more existing
				  structures, and where the proposed land disturbance total is greater or equal
				  to ten thousand square feet (10,000'), the minimum target for total buffer
				  width is:
(AA) Twenty-five feet (25') in the
				  non-urban River Protection Regions 1 and 2 (see §
															3.24 of this Part);
				  or
(BB) Fifteen feet (15') in the
				  urban region (see §
															3.24 of this
				  Part).
c.
				  Creation of new buffer may be accomplished by the planting of vegetation or by
				  allowing the area to naturally revegetate, at the discretion of the Department.
				  The Department may require plantings as a condition of a permit, and such area
				  shall be defined as buffer. When creating buffer, the Department may allow
				  certain areas to remain clear in order to accommodate existing utilities,
				  drainage easements, reasonable access to existing developed shoreline features,
				  property accessories, or conditions where revegetation would require the
				  removal or threaten the integrity of existing structures.
5. Residential Infill Lot Buffer Standard
a. This standard shall apply to proposed new
				  construction on an individual residential lot of record, as of the effective
				  date of these Rules, where the lot meets the following conditions:
(1) Has frontage on an existing
				  road;
(2) Has adjacent lots on both
				  sides that are developed;
(3) Is
				  less than or equal to one (1) acre in size; and
(4) Is undeveloped vegetated land.
b. When the proposed new
				  construction cannot meet the buffer and the setback standards for the
				  freshwater wetlands of concern, the proposed structure foundation is to be
				  located no closer to the edge of the subject freshwater wetland than the
				  structure foundation on the adjacent lot which is farthest from the subject
				  freshwater wetland edge. The project shall be designed to avoid alteration of
				  the remaining buffer, and in no case shall the remaining buffer be less than
				  that shown in Table 1 in § 3.7.1(B)(5)(c) of this Part:
c. Table 1. Minimum buffer and setback
				  distances
Residential Infill Lot Size
Buffer Width
Setback
Less than 10,000 square feet
15 feet
Buffer plus 15 feet
Equal to or greater than 10,000 square feet and
								  less than 20,000 square feet
25 feet
Buffer plus 15 feet
Equal to or greater than 20,000 square feet (and
								  less than or equal to 43,560 square feet)
50 feet
Buffer plus 15 feet
6. Buffer Management and Maintenance. A
				  buffer shall be retained in a natural vegetative, undisturbed condition to
				  protect the functions and values of the freshwater wetlands and buffer. Certain
				  activities related to buffer management may be authorized as exempt activities
				  pursuant to the provisions and conditions in §
												3.6 of this Part.
C. Setback Standards
1. Setback Standards for Primary Structures.
				  Primary structures (e.g. residential dwellings, commercial/industrial
				  structures, schools, churches, etc.) must be located to meet a setback distance
				  of no less than the buffer width plus twenty feet (20'). Accessory structures
				  must be located to meet a setback distance of no less than the buffer width
				  plus five feet (5').
2. Setbacks
				  for Onsite Wastewater Treatment Systems. The setback requirements for the
				  components of an onsite wastewater treatment system are specified in the
				  Department Rules Establishing Minimum Standards Relating to the Location,
				  Design, Construction and Maintenance of Onsite Wastewater Treatment Systems,
				  Subchapter 10 Part 6 of this Chapter, in effect at the time of application. A
				  leachfield and the required ten foot (10') cleared zone around it shall be
				  located outside of the buffer.
D. Rare or Endangered Species Standard No
				  project or activity may result in degradation of the natural characteristics of
				  any rare freshwater wetland type; likewise, no project or activity may reduce
				  the ability of a freshwater wetlands or buffer to ensure the long-term
				  viability of any rare or endangered animal or plant species incorporated by
				  reference in §§
											3.3(A) and
				  (B) of this Part or under the Federal
				  Endangered Species Act.
E. Flood
				  Protection Standard
1. Flood storage capacity:
				  Projects and activities taking place in a floodplain shall not result in any
				  net reduction in flood storage capacity and shall not reduce the rate at which
				  floodwater is stored by the floodplain.
2. Floodway obstruction: Projects and
				  activities taking place within or adjacent to rivers or streams shall not
				  encroach into floodway limits with any fill, structure or other
				  development.
F. Surface
				  Water and Groundwater Diversion Standard Projects and activities shall not
				  adversely affect the flow of groundwater or surface water into or out of any
				  freshwater wetlands and shall not result in obstruction of, or the reduction in
				  storage capacity of, any area subject to flooding or area subject to storm
				  flowage.
G. Stormwater Management
				  Standard Projects and activities shall meet the minimum standards in the
				  Stormwater Management, Design and Installation Rules, Subchapter 10 Part 8 of
				  this Chapter, or for single-family lots of record, the "RI Stormwater
				  Management Guidance for Individual Single Family Residential Lot Development"
				  for the recommended and primary means to achieve this standard.
H. Erosion and Sedimentation Control Standard
				  Projects and activities shall be designed and carried out in a manner that
				  prevents soil erosion and sedimentation consistent with the Stormwater
				  Management, Design and Installation Rules, § 10-8.16 of this
				  Chapter.
I. Water Quality Standard
				  Projects shall not cause or contribute to a violation of any State water
				  quality standard for surface water or groundwater or contribute to significant
				  degradation of surface water or groundwater resources.