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-20-00-9.6 - Exempt Activities

Current through June 14, 2024
9.6.1
General
				  Conditions for Exempt Activities
A.
				  This Rule describes certain limited activities within a jurisdictional area
				  that may proceed without a specific written permit from the CRMC subject to the
				  conditions and restrictions set forth below. It is strongly recommended that
				  all exempt activities or projects occur as far away from freshwater wetlands as
				  possible.
B. Nothing in §
											9.6 of this Part shall be
				  deemed to:
1. Limit or reduce, in any way, the
				  CRMC's authority over freshwater wetlands or jurisdictional area in the
				  vicinity of the coast, or
2.
				  Supersede any current terms or conditions to any permit, or
3. Interfere with the CRMC's ability to make
				  a determination or decision on an application, or
4. Impose terms, conditions or stipulations
				  on any permit, enforcement action or Consent Agreement.
C. Any activities within a jurisdictional
				  area not described within this Part which could alter the character of any
				  freshwater wetlands, buffers or floodplains requires a specific written
				  permit.
D. Nothing in this Part
				  shall preclude the CRMC from initiating an enforcement action in the event of
				  any failure to undertake exempt activities in accordance with the requirements
				  and conditions set forth within this Part.
E. The following general restrictions apply
				  to all activities performed under this Part:
1. Exempted activities do not obviate the
				  need to obtain other applicable Federal, State, or local permits, approvals, or
				  authorizations required by law;
2.
				  Any structure or fill exempt under §
												9.6 of this Part shall be
				  properly maintained to ensure public safety, and to protect freshwater wetland
				  functions and values;
3. 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 the Stormwater Design and Installation Rules, 250-RICR-
				  150-10-8);
4. No activity exempted
				  herein may jeopardize the continued existence of a rare freshwater wetland
				  type, or a rare species; likewise, no activity exempted herein may destroy or
				  adversely modify the critical habitat of such species;
5. Exempt activities shall be undertaken and
				  performed in a manner that prevents the introduction or spread of invasive
				  species, and all vehicles and equipment used in freshwater wetlands, including,
				  rivers, streams, and ponds shall be routinely inspected and cleaned of all
				  invasive plant material before and after use within each freshwater
				  wetland;
6. Following the limited
				  activity, all equipment used in installation or maintenance activities shall be
				  removed from any freshwater wetland and any created access paths must be
				  restored and allowed to naturally revegetate; and
7. All freshwater wetland functions and
				  values must be protected to the maximum extent possible so as to prevent
				  pollutants, direct discharge of stormwater runoff, or any material foreign to a
				  freshwater wetland or hazardous to life, from entering any freshwater wetland,
				  buffer or floodplain so as to be protective of aquatic life and not result in
				  long-term reductions in stream flow or increased flooding. Hydro-demolition of
				  concrete structures within or adjacent to freshwater wetlands is not authorized
				  for any exempt activity in this Part.
F. Activities exempt in accordance with this
				  Part are not exempt from any applicable requirements contained in the Rhode
				  Island Coastal Resources Program, including any applicable SAMP.