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-150-15-3.14 - Other Application Types

Current through June 14, 2024
3.14.1
Application for Emergency Alterations
A. 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 Department. Oral approval of an emergency alteration,
				  other than those alterations specified in §
											3.6 of this Part, may be
				  granted by the Department 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 Freshwater Wetlands Program for
				  consideration of individual emergency situations.
1. An oral or written request for permission
				  to proceed with an emergency alteration must be made to the Freshwater Wetlands
				  Program, Office of Water Resources, 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;
2. At a minimum, the request must inform the
				  Department of the following:
a. An explanation
				  of the problem necessitating an emergency alteration;
b. The reason why the problem represents an
				  imminent threat to health and safety;
c. The location of the area in which
				  corrective activity is required;
d.
				  The proposed actions necessary to correct the problems;
e. The person responsible for overseeing the
				  activity, including immediate means of contact; and
f. The means proposed to restore the
				  freshwater wetlands, buffer, floodplain, area subject to flooding or area
				  subject to storm flowage following the emergency alteration, as appropriate.
3. Any emergency
				  alteration undertaken shall not result in a permanent alteration of any
				  freshwater wetland, buffer or floodplain except as allowed for dam safety as
				  approved by the Department in accordance with the Rules and Regulations for Dam
				  Safety, Part 130-05-1 of this Title. The applicant must, in so far as possible,
				  restore the areas to prevent or minimize any permanent alteration. Such
				  restoration must be undertaken in accordance with requirements provided by the
				  Department;
4. Alteration of a
				  jurisdictional area shall not exceed work beyond that necessary to abate the
				  emergency;
5. Unless otherwise
				  informed by the Department following its inspection of the site, the applicant
				  must submit an as-built site plan or a plan of restoration to the Department 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 jurisdictional area 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 §§ 3.8.4 and
				  3.8.5 of this Part;
6. The time
				  limitation for performance of an emergency alteration shall not exceed ten (10)
				  days following initial approval by the Department unless written approval for
				  an extension is obtained from the Department; and
7. Following submission of the as-built site
				  plan required in § 3.14.1(A)(5) of this Part, 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
				  Department.