Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.21 - Subdivisions

Current through June 14, 2024
A. Administrative
1. No person shall begin construction in any
				  subdivision requiring a Subdivision Site Suitability Certification in
				  accordance with this Rule until the Director has approved such
				  certification.
2. Any subdivision
				  of five (5) lots or less that does not have frontage on an existing road and
				  all subdivisions of six (6) lots or more shall apply for a Subdivision Site
				  Suitability Certification in accordance with §
											6.21(B) of
				  this Part.
3. Subdivisions of five
				  (5) lots or less that have frontage on an existing road have the option to
				  apply for a Subdivision Site Suitability Certification pursuant to §
											6.21(B) of
				  this Part or submit OWTS applications for individual lots in accordance with
				  §
											6.18
				  of this Part. If applications for individual lots are submitted, the submittal
				  shall be in accordance with the following:
a.
				  The applications must be submitted together;
b. Each application shall clearly state that
				  the lot is part of a subdivision of five (5) lots or less with existing road
				  frontage; and
c. Each lot must meet
				  all requirements of these Rules in order for an OWTS permit to be issued by the
				  Department for any of the lots.
4. Subdivision Soil Evaluation - A soil
				  evaluation shall be conducted for each lot in accordance with §
											6.16 of this Part. Soil
				  evaluations for subdivisions are exempt from the requirement in §
											6.16(I)(1)
				  of this Part that the test holes be within twenty-five feet (25') of the
				  proposed leachfield, unless the Director determines that soil conditions
				  justify that the test holes must be placed within twenty-five feet (25') of the
				  proposed leachfield. Soil evaluations must be accepted by the Director prior to
				  submission of an application for Subdivision Site Suitability
				  Certification.
5. An approved
				  Subdivision Site Suitability Certification shall not operate as an approval for
				  the construction of any OWTS as required by §
											6.18 of this
				  Part.
6. Land within the original
				  property boundaries that is designated for future development will not be part
				  of the review for Subdivision Site Suitability Certification. However, it must
				  be shown that one (1) unit can be built on the land designated for future
				  development.
7. OWTSs installed
				  without State approval, OWTSs installed prior to April 9, 1968 and cesspools on
				  existing lots in a proposed subdivision shall be upgraded to the current
				  standards, to the extent possible, in accordance with these Rules as part of a
				  Subdivision Site Suitability Certification within one (1) year of the recording
				  of the subdivision.
8. The
				  applicant for a Subdivision Site Suitability Certification must demonstrate
				  that the OWTS for the proposed use on each proposed lot in a subdivision meets
				  all the requirements of these Rules in order for a Subdivision Site Suitability
				  Certification to be issued by the Department.
9. Nothing in §
											6.21 of this Part shall
				  prevent the Director from requesting any or all of the procedures established
				  in these Rules for a single lot if the Director determines it is necessary for
				  the protection of the public health and environment.
10. Easement Filing - Where subdivision lots
				  will require filling beyond lot lines, an easement for that human transported
				  material must be submitted with the application for the individual
				  lots.