Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.7 - Standards Applicable to Regulated Projects and Activities and Variance Procedures

Current through June 14, 2024
This Rule, §
										9.7 of this Part, establishes
					 freshwater wetland and buffer standards, setback requirements and other
					 required standards applicable to projects and activities as regulated pursuant
					 to this Part, except as provided in §
										9.6 of this Part or except as
					 governed by the provisions of §
										9.13 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.
9.7.1
Freshwater
				  Wetland and Buffer Protection Standards
A. General freshwater wetland protection
				  standard
All projects and activities subject to this Part shall be
					 designed and carried out to avoid alteration of freshwater
					 wetlands.
B. Freshwater
				  wetland buffer standard
1. This Rule, §
				  9.7.1(B) of this Part, establishes buffer standards for projects and activities
				  carried out within a jurisdictional area. As defined in §
												9.4(A) of
				  this Part, 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, as defined
				  in §
												9.4(A) of
				  this Part, are the land areas contiguous to freshwater wetlands. The width of a
				  buffer zone is measured in accordance with the procedures specified in §
												9.23 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 §
				  9.7.1(B)(1)(d) of this Part, below. 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 § 9.7.1(B)(4) of this Part,
				  below.
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 wetland or existing buffer on the subject property:
(1) For single-family houses and other
				  development proposed 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 §
															9.23 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 (10,000) square feet, the minimum target for total buffer width
				  is:
(AA) Twenty five feet (25') in the
				  non-urban River Protection Regions 1 and 2 (See §
															9.24 of this Part);
				  or
(BB) Fifteen feet (15') in the
				  urban region (See §
															9.24 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 CRMC. The
				  CRMC may require plantings as a condition of a permit, and such area shall be
				  defined as buffer. When creating buffer, the CRMC 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 re-vegetation would require the removal or
				  threaten the integrity of existing structures.
5. Residential infill lot 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 that 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 § 9.7.1(B)(5)(c) of this Part, below.
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 §
												9.6 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 DEM's
				  Rules Establishing Minimum Standards Relating to the Location, Design,
				  Construction and Maintenance of Onsite Wastewater Treatment Systems, 250-RICR-
				  150-10-6, 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 wetland or buffer to
					 ensure the long-term viability of any rare or endangered animal or plant
					 species incorporated by reference in §§
												9.3(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 wetland 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, 250-RICR- 150-10-8, or
				  for singlefamily 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, § 250-RIC R-
				  150-10-8.16.
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.