Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.11 - Other Application Types (formerly Section 11.00)

Current through June 14, 2024
A.
				  Application for emergency alterations (formerly §11.01)
1. An emergency alteration is one that is
				  required to protect the public from imminent harm to its health or safety; and
				  is authorized by the CRMC. Oral approval of an emergency alteration, other than
				  those alterations specified in §
											2.6 of this Part, may be
				  granted by the CRMC consistent with the requirements set forth below.
				  Applicants who are not considered an appropriate official of a town, city,
				  state or federal agency or public utility responsible for correcting problems
				  which arise on an emergency basis and pose an imminent threat to the public
				  health and safety should contact the CRMC for consideration of individual
				  emergency situations.
a. An oral or written
				  request for permission to proceed with an emergency alteration must be made to
				  the CRMC, by the owner of the property or easement where the emergency
				  alteration is proposed or by an appropriate official of a town, city, state or
				  federal agency or public utility responsible for correcting problems which
				  arise on an emergency basis and pose an imminent threat to the public health
				  and safety;
b. The request must
				  inform the CRMC of at least the following:
(1)
				  An explanation of the problem necessitating an emergency alteration;
(2) The reason why the problem represents an
				  imminent threat to health and safety;
(3) The location of the area in which
				  corrective activity is required;
(4) The proposed actions necessary to correct
				  the problems;
(5) The person
				  responsible for overseeing the activity, including immediate means of contact;
				  and
(6) The means proposed to
				  restore the wetland area following the emergency alteration, as
				  appropriate.
c. Any
				  emergency alteration undertaken shall not result in a permanent alteration of
				  any wetland, except as allowed for dam safety as approved by the DEM in
				  accordance with the DEM's Rules and Regulations for Dam Safety, 250-RICR-
				  130-05-1. The applicant must, in so far as possible, restore the wetland area
				  to prevent or minimize any permanent alteration. Such restoration must be
				  undertaken in accordance with requirements provided by the CRMC;
d. Alteration of wetlands shall not exceed
				  work beyond that necessary to abate the emergency;
e. Unless otherwise informed by the CRMC
				  following its inspection of the site, the applicant must submit an as-built
				  site plan or a plan of restoration to the CRMC no later than forty-five (45)
				  days following the action necessary to correct the emergency problem. The site
				  plan must illustrate the emergency activity undertaken, the wetlands affected,
				  any alteration which resulted from the activity, and all restoration activities
				  undertaken, or which are still required. The required site plan must comply
				  with §
												2.7(C) of
				  this Part;
f. The time limitation
				  for performance of an emergency alteration shall not exceed ten (10) days
				  following initial approval by the CRMC unless written approval for an extension
				  is obtained from the CRMC; and
g.
				  Following submission of the as-built site plan required in §
												2.11(A)(1)(e)
				  of this Part above, the applicant is required to comply with any additional
				  activities necessary to prevent any permanent alteration or to finalize wetland
				  restoration as detailed in writing by the CRMC.