Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.18 - 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 hydrophytes/hydrophytic
				  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 R.I. Gen. Laws §§
												2-1-20(3)"bog",
				  (10) "marsh" and (16) "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: (Note: Those features followed by an asterisk (*) 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 CRMC, the CRMC 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 CRMC's review and acceptance under the procedures set forth in
				  §
												2.8(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.