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-150-15-3.6 - Exempt Activities

Current through June 14, 2024
3.6.1
General
				  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.