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-20-00-2.6 - Exempt Activities (formerly Section 6.00)

Current through June 14, 2024
A. General
				  conditions for exempt activities (formerly §6.01)
1. Certain limited activities in freshwater
				  wetlands may proceed without a specific written permit from the CRMC under the
				  restrictions set forth below. Such restricted activities shall be considered
				  exempt from the requirement to obtain a permit. It is strongly recommended that
				  all exempt activities or projects occur as far away from freshwater wetlands as
				  possible.
2. Nothing in §
											2.6 of this Part shall be
				  deemed to:
a. Limit or reduce, in any way, the
				  CRMC's jurisdiction over freshwater wetlands in the vicinity of the coast,
				  or
b. Supersede any current terms
				  or conditions to any permit, or
c.
				  Interfere with the CRMC's ability to make a determination or decision on an
				  application, or
d. Impose terms,
				  conditions or stipulations on any permit, enforcement action or Consent
				  Agreement.
3. Any
				  activities not described within this Rule which could alter the character of
				  any freshwater wetlands require a specific written permit.
4. Nothing in this Rule 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 herein.
5. The following
				  general restrictions apply to all activities performed under this Rule:
a. Exempted activities do not obviate the
				  need to obtain other applicable federal, state, or local permits, approvals, or
				  authorizations required by law;
b.
				  Any structure or fill exempt under this Rule shall be properly maintained to
				  ensure public safety, and to protect wetland functions and values;
c. 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 "Rhode Island Soil Erosion and
				  Sediment Control Handbook" ("RISESC Handbook") and the latest version of the
				  Rhode Island DEM "Stormwater Design and Installation Standards Manual" ("RISDIS
				  Manual," 250-RICR- 150-10-8) for design guidance and additional
				  requirements.);
d. No activity
				  exempted herein may jeopardize the continued existence of a rare wetland type,
				  or a rare species; likewise, no activity exempted herein may destroy or
				  adversely modify the critical habitat of such species;
e. Following the limited activity, all
				  equipment used in installation or maintenance activities shall be removed from
				  any wetland; and
f. All wetland
				  functions and values must be protected to the maximum extent possible so as to
				  prevent pollutants, sediment, direct discharge of stormwater runoff, or any
				  material foreign to a wetland or hazardous to life, from entering any
				  wetland.
6. Activities
				  exempt in accordance with this Rule are not exempt from any applicable
				  requirements contained in the Rhode Island Coastal Resources Program, including
				  any applicable SAMP.