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-150-15-3.21 - Specific Criteria for Identifying Freshwater Wetlands and Floodplain Edges

Current through June 14, 2024
3.21.1
Vegetated Freshwater Wetlands
A.
				  The landward edge of vegetated freshwater wetlands (i.e., bogs; marshes;
				  swamps; emergent wetlands; or similar types, including complexes of these
				  types), shall, under normal conditions, be identified as the place where the
				  plant community associated with the vegetated wetland is no longer dominated by
				  hydrophytes/hydrophytic vegetation (i.e., the plant community is composed of
				  less than or equal to fifty percent (50%) hydrophytes/hydrophytic vegetation).
B. Hydrophytes/hydrophytic
				  vegetation includes, but is not limited to:
1.
				  Those typical plant species listed in the Act under R.I. Gen. Laws §§
												2-1-20(3)"bog",
				  (10) "marsh" and (16) "swamp"; or
2. Those plant species listed as having a
				  wetland indicator status of Obligate (OBL) according to the most recent edition
				  of the National Wetland Plant List: State of Rhode Island Wetland Plant List,
				  as prepared by the U.S. Army Corps of Engineers incorporated above at §
												3.3(C) of
				  this Part; or
3. Those plant
				  species listed as having a wetland indicator status of Facultative Wetland
				  (FACW), Facultative (FAC) or Facultative Upland (FACU) according to the
				  National Wetland Plant List: State of Rhode Island incorporated above at §
												3.3(C) of
				  this Part, where such plants are present along with other clear hydrologic
				  indicators of wetland.
C. Where no distinct edge is apparent based
				  upon examination of vegetation alone (e.g., the plant community is transitional
				  in nature and dominated by species having an indicator status of FACW, FAC or
				  FACU), other hydrologic indicators must be considered before determining the
				  location of the landward edge of vegetated freshwater wetlands. Where such
				  indicators are present, the FACW, FAC, or FACU plant species are considered
				  hydrophytes/hydrophytic vegetation; however, the landward edge of vegetated
				  wetland in such transitional areas is located where other hydrologic indicators
				  are no longer present.
D. Other
				  hydrologic indicators are those characteristics, other than vegetation, which
				  provide evidence that an area is continuously or periodically saturated,
				  inundated, flooded, or ponded; has standing or slowly moving water; or
				  frequently collects surface run-off or drainage. Examples of other hydrologic
				  indicators include, but are not limited to, the following: (Those features in
				  §§ 3.20.1(D)(3), (5), and (7) through (9) of this Part are valid
				  indicators only when at least one (1) additional hydrologic indicator is
				  present.)
1. Morphologic features or
				  properties associated with hydric soils in accordance with the most recent
				  version of the Field Indicators for Identifying Hydric Soils in New
				  England;
2. Visual observation of
				  soil saturation within twelve inches (12") of the soil surface (considering
				  both seasonal and recent weather conditions);
3. Distinct water marks on vegetation or
				  other fixed objects;
4. Sulfitic
				  materials (H2S - rotten egg odor) within twelve inches (12") of the soil
				  surface;
5. Mound and pool
				  microtopography;
6. Patches of peat
				  mosses (
Sphagnum spp.
);
7. Soil morphologic evidence of recent or
				  periodic flooding (e.g., stratification associated with flood
				  plains);
8. Visual observation of
				  surface inundation (considering both seasonal and recent weather
				  conditions);
9. Dark or
				  water-stained leaves on the ground surface;
10. Drift or wrack lines of water-borne
				  materials;
11. Wetland drainage
				  features or patterns such as scoured channels;
12. Morphological plant adaptations (e.g.,
				  buttressed trees trunks, adventitious roots, exposed or shallow root systems);
13. Distinct or prominent pore
				  linings (oxidized rhizopheres) along live roots within twelve inches (12") of
				  the soil surface.
E. For
				  purposes of locating and identifying the edge of vegetated freshwater wetlands
				  for applications submitted to the Department, the Department will accept the
				  methodology described and incorporated within the Corps of Engineers Wetlands
				  Delineation Manual, Technical Report Y- 87-1, January, 1987, Prepared for:
				  Department of The Army, U.S. Army Corps of Engineers and Regional Supplement to
				  the Corps of Engineers Wetlands Delineation Manual Northcentral and Northeast
				  Region, 2012, prepared by the U.S. Army Corps of Engineers, Technical Report
				  12-0 ERDC/EL under the following conditions:
1. The use of this methodology is intended to
				  facilitate the location and identification of the edge of "vegetated" wetlands,
				  but must not be interpreted as redefining freshwater wetlands regulated under
				  the Act and these Rules.
2. All
				  edge locations and delineations are subject to the Department's review and
				  acceptance under the procedures set forth in § 3.9.2 of this Part for
				  Requests to Determine the Presence of Jurisdictional Area. Accordingly, all
				  requests to verify the edge of these types of wetlands will require onsite
				  inspection and analysis.
3. Areas
				  discovered during the delineation of freshwater wetlands which appear to have
				  altered conditions (e.g., removal of vegetation, ditching, draining, filling or
				  other alterations that have changed or appear to change normal conditions) must
				  be documented.