Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 1 - Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act › Section 250-RICR-150-15-1.6 - Exempt Activities

Current through June 14, 2024
A. General
				  Conditions for Exempt Activities
1. Certain
				  limited activities that may alter freshwater wetlands may proceed without a
				  written permit from the Department, subject to the conditions and restrictions
				  set forth below. Nonetheless, the Department strongly recommends that all such
				  exempt activities or projects occur as far away from freshwater wetlands as
				  possible.
2. Nothing in §
											1.6 of this Part shall be
				  deemed to:
a. Limit or reduce, in any way,
				  the Department's jurisdiction over freshwater wetlands; or
b. Supersede any current terms or conditions
				  of any permit, or
c. Interfere with
				  the Department's ability to make a determination or decision on an application,
				  or
d. Impose terms and conditions
				  on any permit, enforcement action or Consent Agreement.
3. Any activities not described within this
				  Rule that could alter the character of any freshwater wetlands require a
				  written permit.
4. Nothing in this
				  Rule 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.
5. The following general restrictions apply
				  to all activities performed under this Rule:
a. Exempted activities do not obviate the
				  need to obtain other applicable federal, state, or local permits, approvals, or
				  authorizations required by law;
b.
				  Any structure or fill exempt under this Rule shall be properly maintained to
				  ensure public safety, and to protect wetland functions and values;
c. 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 "Rhode Island Soil Erosion and
				  Sediment Control Handbook" ("RISESC Handbook") and the latest version of the
				  "Stormwater Management, Design and Installation Rules" ("RISDIS Manual"),
				  Subchapter 10 Part 8 of this Chapter, for design guidance and additional
				  requirements.);
d. No activity
				  exempted herein may jeopardize the continued existence of a rare wetland type,
				  or a rare species; likewise, no activity exempted herein may destroy or
				  adversely modify the critical habitat of such species;
e. Following the limited activity, all
				  equipment used in installation or maintenance activities shall be removed from
				  any wetland; and
f. All wetland
				  functions and values must be protected to the maximum extent possible so as to
				  prevent pollutants, sediment, direct discharge of stormwater runoff, or any
				  material foreign to a wetland or hazardous to life, from entering any
				  wetland.