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-150-15-1.18 - Appendix 2: Specific Criteria for Identifying Wetland Edges

Current through June 14, 2024
A. Vegetated Wetlands
1. The landward edge of vegetated wetlands
				  (i.e., bogs; marshes; swamps; emergent, shrub or forested wetlands; or similar
				  types, including wetland 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 hydro-phytes/-hydro-phytic
				  vegetation (i.e., the plant community is composed of less than or equal to
				  fifty percent (50%) hydrophytes/hydrophytic vegetation).
2. Hydrophytes/hydrophytic vegetation
				  includes, but is not limited to:
a. Those
				  typical plant species listed in the Act under R.I. Gen. Laws §§
												2-1-20(1)"bog",
				  (5) "marsh" and (10) "swamp"; or
b.
				  Those plant species listed as having a wetland indicator status of Obligate
				  (OBL) according to the most recent edition of the National List of Plant
				  Species That Occur in Wetlands: Rhode Island (National List), as prepared by
				  the U.S. Fish and Wildlife Service; or
c. Those plant species listed as having a
				  wetland indicator status of Facultative Wetland (FACW), Facultative (FAC) or
				  Facultative Upland (FACU) according to the National List, where such plants are
				  present along with other clear hydrologic indicators of wetland.
3. 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 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.
4. 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
				  §§
											1.18(A)(4)(c),(e),
				  and (g) through (i) of this Part are valid indicators only when at least one
				  additional hydrologic indicator is present.)
a. 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.
b. Visual observation of soil saturation
				  within twelve inches (12") of the soil surface (considering both seasonal and
				  recent weather conditions);
c.
				  Distinct water marks on vegetation or other fixed objects;
d. Sulfitic materials (H2S - rotten egg odor)
				  within twelve inches (12") of the soil surface;
e. Mound and pool microtopography;
f. Patches of peat mosses (Sphagnum
				  spp.)
g. Soil morphologic evidence
				  of recent or periodic flooding (e.g., stratification associated with flood
				  plains);
h. Visual observation of
				  surface inundation (considering both seasonal and recent weather
				  conditions);
i. Dark or
				  water-stained leaves on the ground surface;
j. Drift or wrack lines of water-borne
				  materials;
k. Wetland drainage
				  features or patterns such as scoured channels;
l. Morphological plant adaptations (e.g.,
				  buttressed trees trunks, adventitious roots, exposed or shallow root
				  systems);
m. Distinct or prominent
				  pore linings (oxidized rhizopheres) along live roots within twelve inches (12")
				  of the soil surface.
5.
				  For purposes of locating and identifying the edge of vegetated 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, (Corps) in addition to
				  the Corps' September 9, 1991 regulatory guidance letter regarding Guidance for
				  the Interpretation of Wetland Boundaries Using the 1987 Corps Manual in the Six
				  New England States under the following conditions:
a. 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 wetlands regulated under the Act and
				  these Rules. For example, the area of land within fifty feet (50') of any bog;
				  marsh; swamp; or pond is a regulated wetland according to R.I. Gen. Laws §
												2-1-20(4);
				  however, the Manual, for purposes of Section 404 of the Clean Water Act, will
				  refer to these areas as "nonwetlands."
b. All edge locations and delineations are
				  subject to the Department's review and acceptance under the procedures set
				  forth in §
												1.8(B) of
				  this Part for Requests to Determine the Presence of Wetlands. Accordingly, all
				  requests to verify the edge of these types of wetlands will require on-site
				  inspection and analysis.
c. 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.