Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 9 - Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-9.14 - Other Application Types

Current through June 14, 2024
9.14.1
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 CRMC. Oral approval of an emergency alteration, other than
				  those alterations specified in §
											9.6 of this Part, may be
				  granted by the CRMC 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 CRMC 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 CRMC, 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 CRMC 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 wetland, 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 DEM in accordance with the DEM's Rules and Regulations for
				  Dam Safety, 250-RICR- 130-05-1. 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
				  CRMC;
4. Alteration of a
				  jurisdictional area shall not exceed work beyond that necessary to abate the
				  emergency;
5. Unless otherwise
				  informed by the CRMC following its inspection of the site, the applicant must
				  submit an as-built site plan or a plan of restoration to the CRMC 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 §§ 9.8.4 and 9.8.5 of this
				  Part;
6. The time limitation for
				  performance of an emergency alteration shall not exceed ten (10) days following
				  initial approval by the CRMC unless written approval for an extension is
				  obtained from the CRMC; and
7.
				  Following submission of the as-built site plan required in § 9.14.1(A)(5)
				  of this Part above, 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 CRMC.