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-150-15-3.2 - Administrative Findings

Current through June 14, 2024
A. The declarations
				  of intent and public policy enumerated in R.I. Gen. Laws §§
										2-1-18 and
				  2-1-19 are hereby adopted as the
				  administrative findings upon which these Rules are based.
B. Consistent with these declarations, the
				  Department makes the following findings:
1.
				  Freshwater wetlands, buffers and floodplains are ecological systems performing
				  functions that directly benefit the health, welfare and general well-being of
				  people and the environment.
2. Any
				  such freshwater wetland, buffer and floodplain functions as an integrated
				  ecological system, no portion or component of which is less worthy of
				  regulatory protection than the system as a whole. Buffers and floodplains are
				  important integral components of the flowing body of water or the freshwater
				  wetlands with which they are associated. It has been established that
				  maintaining lands adjacent to freshwater wetlands as naturally vegetated
				  buffers protects the functions and values of wetlands and that such buffers in
				  and of themselves perform vital ecological functions.
3. Freshwater wetlands, buffers and
				  floodplains perform specific functions and support specific values, including
				  but not limited to the following:
a. Wildlife
				  and Wildlife Habitat: Freshwater wetlands and buffers are important areas for
				  the production and maintenance of a diversity of wildlife. Freshwater wetlands
				  and buffers provide habitat for individual species and communities of animals
				  and plants. Animals include both game and non-game species, which may be either
				  obligate or facultative, and which may be permanent residents, or they may be
				  seasonal or transient in nature. Freshwater wetlands serve as travel corridors;
				  nesting, feeding, resting, nursery and brood-rearing sites; drinking water
				  sources and escape cover; and provide seasonal breeding, migration and
				  over-wintering habitat for wildlife. Freshwater wetlands and buffers provide
				  critical habitat for some plant and animal species and also provide habitat for
				  rare animal and rare plant species.
b. Recreation and Aesthetics: Freshwater
				  wetlands and buffers support active and passive recreational and aesthetic
				  values that are important to the general public. They provide the opportunity
				  for recreational activities, including but not limited to: hunting, fishing,
				  trapping, cross-country skiing, ice skating, boating, water-skiing, canoeing,
				  camping, swimming, bicycling, hiking, walking, horseback riding, harvesting of
				  natural foods or plant materials, birdwatching and other animal observation,
				  education and nature studies, and photography. Aesthetic values include, but
				  are not limited to, the visual, aural and cultural qualities of the freshwater
				  wetland and buffer. Without limitation, these include the freshwater wetland's
				  and buffer's prominence as a distinct feature in the local area, including its
				  value as open space; whether it is a rare freshwater wetland type; whether it
				  offers or provides suitable habitat for any rare animal or rare plant species;
				  whether it has any outstanding or uncommon geomorphologic features; or whether
				  it contains or may contain material of archaeological, historical, or cultural
				  significance.
c. Flood Protection:
				  Freshwater wetlands, buffers, setbacks and floodplains protect life and
				  property from flooding and flood flows by storing, retaining, metering out and
				  by otherwise controlling flood waters from storm events. Freshwater wetlands,
				  buffers and floodplains also control the damaging impacts of flood flows by
				  providing frictional resistance to flood flows, by dissipating erosive forces,
				  and helping to anchor the shoreline.
d. Surface Water and Groundwater: Freshwater
				  wetlands and buffers provide and maintain surface and groundwater supplies by
				  acting as recharge or discharge areas, and, in the case of some ponds, acting
				  as surface water reservoirs. Although groundwater recharge and discharge
				  functions and values may vary seasonally, freshwater wetlands and buffers,
				  either individually or cumulatively, may be an important factor in replenishing
				  ground and surface water supplies, maintaining stream flows, transporting
				  surface waters, and storing and distributing surface waters and groundwater
				  during periods of drought.
e. Water
				  Quality: Freshwater wetlands and buffers protect and maintain water quality by
				  retaining and removing nutrients; filtering and removing pollutants; removing
				  sediments; producing oxygen; reducing turbidity; maintaining or modifying
				  stream flow; maintaining temperature and oxygen regimes in both standing and
				  flowing surface waters; and providing and maintaining safe drinking water
				  supplies.
4. The
				  cumulative impact of incremental alterations to freshwater wetlands, buffers
				  and floodplains that occur at different times or in different locations within
				  the same system, or both, may constitute a significant alteration, even if a
				  single proposed alteration may not in and of itself constitute a significant
				  alteration.
5. Consistent with the
				  purposes of the Act, it is the public policy of the State to preserve the
				  purity and integrity of all freshwater wetlands, buffers and floodplains in
				  Rhode Island. Random, unnecessary or undesirable alteration of any freshwater
				  wetland, buffer or floodplain is contrary to the Act and not in the best public
				  interest because of the adverse impacts of such alterations on their functions
				  and values.
6. The Department
				  recognizes that dams have created freshwater wetlands and buffers that may
				  provide important wildlife habitats and recreational areas and may provide
				  other important functions, values and benefits such as flood storage areas.
				  Also, consistent with its responsibilities under R.I. Gen. Laws Chapter 46-19,
				  the Department finds that many dams in the State are in disrepair and may
				  present safety hazards to the public. The Department hereby acknowledges that,
				  as a result of an analysis of alternatives for addressing a dam's state of
				  disrepair, the removal or substantial alteration of a dam may be required by
				  the Department for reasons of public safety. The Department finds that the
				  removal or substantial alteration of a dam for public safety reasons may be
				  deemed consistent with the authority and purposes of these Rules provided that
				  no other feasible alternative is available and impacts related to the dam's
				  removal or alteration are assessed and acceptably mitigated in accordance with
				  these Rules.