reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 8 - Stormwater Management, Design and Installation Rules › Section 250-RICR-150-10-8.29 - Pretreatment - Sediment Forebay

Current through June 14, 2024
A. The required
				  surface area of the sediment forebay shall be determined using the following
				  equation that is based on Camp-Hazen.
Click
					 here to view
Where
A
s "sedimentation
					 surface area (square feet)
Q
= discharge from drainage area (cubic
					 feet/second = %WQv/86,400 sec
W
= 0.0004 feet/second particle settling
					 velocity recommended for silt
E =
sediment removal efficiency (assume
					 0.9 or 90%)
The percent of the water quality volume used for the
					 sediment forebay design depends on which treatment BMP is being used.
Therefore, for the purposes of this Part, use:
As = 5,750 * Q
B. The forebay shall have a minimum length to
				  width ratio of 1:1 and a preferred minimum length to width ratio of 2:1 or
				  greater. Designers shall calculate scour potential and provide riprap sizing
				  calculations (diameter required to effectively dissipate erosive
				  velocities).
C. The forebay shall
				  be sized to contain at least 10% of the WQv (depending on the requirements of
				  the treatment BMP) and be of an adequate depth to prevent resuspension of
				  collected sediments during the design storm, often 4 feet to 6 feet deep.
				  Shallower depths shall be evaluated such that flow-through velocities do not
				  exceed 2 feet/second for all design storms up to the 100-year storm. The goal
				  of the forebay is to at least remove particles consistent with the size of
				  medium sand.
D. Direct access for
				  appropriate maintenance equipment needs to be provided to the forebay and may
				  include a ramp to the bottom of the embankment if equipment cannot reach all
				  points within the forebay from the top of the embankment. The forebay can be
				  lined with a concrete pad.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 8 - Stormwater Management, Design and Installation Rules › Section 250-RICR-150-10-8.30 - Pretreatment - Deep Sump Catch Basins

Current through June 14, 2024
A. Deep sump catch
				  basins shall not be used in place of an oil grit separator for LUHPPLs that
				  have the potential to generate runoff with high concentrations of oil and
				  grease.
B. Feasibility
1. The deep sump catch basin must be designed
				  in a catch basin-to-manhole configuration (not in a catch basin-to-catch basin
				  configuration) to be used as pretreatment for other BMPs. Catch basin-to-catch
				  basin or inlet-to-inlet configurations are acceptable, but they cannot be
				  counted as a pretreatment practice.
2. The contributing drainage area to each
				  deep sump catch basin shall not exceed 0.5 acres of impervious cover.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 8 - Stormwater Management, Design and Installation Rules › Section 250-RICR-150-10-8.31 - Pretreatment - Proprietary Devices

Current through June 14, 2024
A. Feasibility
1. To qualify as an acceptable pretreatment
				  device, proprietary devices shall remove a minimum of 25% TSS, as verified by
				  an independent third-party monitoring group. In certain retrofit cases and
				  other cases where higher pretreatment standards may be appropriate, higher
				  removal efficiency for TSS may be required in order to achieve stormwater
				  treatment goals for the project.
2.
				  Proprietary devices shall be designed per the manufacturer's
				  recommendations.
3. Proprietary
				  devices must be designed as off-line systems or have an internal bypass to
				  avoid large flows and resuspension of pollutants in order to be used as
				  pretreatment for other BMPs.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 8 - Stormwater Management, Design and Installation Rules › Section 250-RICR-150-10-8.32 - Storage Practices for Stormwater Quantity Control - Overview

Current through June 14, 2024
A. The storage practices included in this
				  section (§
										8.32 of this Part) can be
				  used to meet channel protection and flood protection, but must be combined with
				  other BMPs for meeting water quality and recharge criteria.
B. If required design criteria for a
				  particular storage BMP cannot be met at a site, an alternative storage BMP must
				  be selected, or adequate justification must be provided to the approving agency
				  why the particular criteria is not practicable.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 8 - Stormwater Management, Design and Installation Rules › Section 250-RICR-150-10-8.33 - Quantity Control - Stormwater Basins

Current through June 14, 2024
A. Wet basins may
				  be located in the groundwater table; dry basins do not need a permanent pool
				  and may be designed such that the groundwater table is at or below the bottom
				  of the basin.
B. Feasibility
1. Wet Extended Detention Basins shall have a
				  minimum contributing drainage area of 25 acres, unless groundwater is
				  intercepted.
2. Stormwater basins
				  shall not be located within jurisdictional waters, including wetlands, except
				  that on already developed sites basin designs may be allowed in jurisdictional
				  upland buffers in areas already altered under existing conditions, if
				  acceptable to the approving agency.
3. The use of basins in watersheds draining
				  to cold-water fisheries is restricted to prohibit discharges within 200 feet of
				  streams and any contiguous natural or vegetated wetlands. Discharges beyond 200
				  feet shall be designed to discharge the CPv through an underdrained gravel
				  trench outlet. Additional storage for Qp may be discharged through traditional
				  basin outlet structures.
4. Basins
				  receiving runoff from LUHPPLs must be lined and shall not intercept
				  groundwater.
5. Basins that do
				  intercept groundwater (allowed as long as not receiving runoff from LUHPPLs)
				  shall not include the volume of the permanent pool in storage
				  calculations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 8 - Stormwater Management, Design and Installation Rules › Section 250-RICR-150-10-8.34 - Quantity Control - Underground Storage Devices

Current through June 14, 2024
A.
				  Conveyance
1. Outfalls to the ground surface,
				  where needed, shall be constructed such that they do not increase erosion by
				  discharging near the stream water surface elevation or into an energy
				  dissipating step-pool arrangement.
2. An emergency overflow system shall be
				  designed to convey flows larger than the 100-year storm or to divert water in
				  case system fails for any reason.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 8 - Stormwater Management, Design and Installation Rules › Section 250-RICR-150-10-8.35 - Stormwater Infiltration Practices for Recharge/Storage Only

Current through June 14, 2024
A. On sites where the soil infiltration rate
				  is high (greater than 8.3 inches/hour), infiltration practices cannot be used
				  to treat the water quality volume. However, they may be used to provide
				  recharge (Rev), channel protection (CPv) and/or overbank flood control (Qp)
				  storage (applicants must provide treatment of 100% of the WQv prior to direct
				  infiltration).
B. Feasibility
1. The bottom of the infiltration facility
				  shall be separated by at least 2 feet vertically from the SHGT or bedrock
				  layer, as documented by on-site soil testing, unless a mounding analysis shows
				  that the system will accept the stormwater without causing breakout or backup
				  into the system with less than 2 feet vertical separation. The SHGT elevation
				  in the area of each infiltration facility must be verified by a DEM-licensed
				  Class IV Soil Evaluator or RI-registered Professional Engineer.
2. Infiltration practices that are designed
				  for the 10-year storm event or greater and have a separation from the bottom of
				  the system to the SHGT of less than 4 feet shall provide a groundwater mounding
				  analysis. The groundwater mounding analysis must show that the groundwater
				  mound that forms under the infiltration system will not break out above the
				  land or jurisdictional water.
3.
				  Infiltration practices cannot be placed in locations that cause water problems
				  (such as seepage which may cause slope failure) to downgrade
				  properties.
4. Infiltration
				  facilities must meet the minimum horizontal setbacks below:
Minimum Horizontal Setbacks
From small-scale facilities serving residential
								  properties (feet)
From all other infiltration facilities
								  (feet)
Public Drinking Water Supply Well - Drilled
								  (rock), Driven, or Dug
200
200
Public Drinking Water Supply Well - Gravel
								  Packed, Gravel Developed
400
400
Private Drinking Water Wells
50
100
Surface Water Drinking Water Supply Impoundment
								  with Supply Intake1
100
200
Tributaries that Discharge to the Surface
								  Drinking Water Supply Impoundment1
50
100
Coastal Features
50
50
All Other Surface Waters
50
50
Up-gradient from Natural slopes > %15
25
50
Down-gradient from Building
10
25
Structures2
Up-gradient from Building
								  Structures2
10
50
Onsite Wastewater Treatment Systems
15
25
1 Refer to DEM Rules Establishing Minimum
								  Standards Relating t Location, Design, Construction and Maintenance of Onsite
								  Wastewater Treatment Systems, Figures 14-16 for maps of the drinking water
								  impoundments.
2 Setbacks from building structures applies only
								  where basement of slab is below the ponding elevation of the infiltration
								  facility.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 1 - Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act › Section 250-RICR-150-15-1.1 - Authority and Purpose

Current through June 14, 2024
A. These Rules and
				  Regulations (the Rules) are promulgated by the Rhode Island Department of
				  Environmental Management (the Department) pursuant to the requirements and
				  provisions of R.I. Gen. Laws §§
										2-1-20.1,
				  42-17.1-1 et seq., 42-17.6-1 et
				  seq., and 42-35-1 et seq., as from time to time amended.
B. These Rules are promulgated to:
1. Describe the Department's authority to
				  administer and enforce R.I. Gen. Laws §§
											2-1-18 through
				  2-1-25; the Fresh Water Wetlands
				  Act (the Act); and
2. Preserve,
				  protect and restore the purity and integrity of all freshwater wetlands in the
				  State of Rhode Island so that these wetlands shall be available for all
				  beneficial purposes, and thus protect the health, welfare and general well
				  being of the people and the environment of Rhode Island.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 1 - Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act › Section 250-RICR-150-15-1.3 - General Administration

Current through June 14, 2024
A. Freshwater
				  Wetlands. The Department shall be responsible for administering and enforcing
				  the Act and these Rules.
B.
				  Freshwater Wetlands in the Vicinity of the Coast. Pursuant to R.I. Gen. Laws
				  §
										46-23-6, as amended, Freshwater
				  wetlands in the vicinity of the coast are under the exclusive jurisdiction of
				  the Rhode Island Coastal Resources Management Council (CRMC), including, after
				  January 1, 2002, the renewal, transfer, modification and enforcement of permits
				  originally issued by the Department, with these exceptions:
1. The Department shall retain jurisdiction
				  over farming-related activities involving freshwater wetlands in the vicinity
				  of the coast.
2. Any determination
				  or permit, including any terms and conditions, issued by the Department prior
				  to August 18, 1999, shall remain valid for the time period specified in such
				  determination or permit.
3. The
				  Department shall retain jurisdiction over any permits issued prior to January
				  1, 2002, that are the subject of an outstanding compliance order or other
				  formal administrative, civil or criminal legal action initiated by the
				  Department for the purpose of litigating or settling that action.
4. The Department shall retain sufficient
				  jurisdiction over any permits or permit applications acted upon by the
				  Department prior to January 1, 2002, to permit the Department to defend or
				  settle any legal proceedings brought against it as a result of those
				  actions.
5. Any compliance order
				  issued or other civil or criminal enforcement action taken by the Department
				  prior to August 18, 1999, shall continue to be subject to the Department's
				  authority and to be governed by the Rules and Regulations in effect at the time
				  the order was issued or action taken.
6. Permits issued by the Department for
				  projects that lie on or that straddle the jurisdictional boundary shall be
				  administered by the Department in accordance with §
											1.3(C) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 1 - Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act › Section 250-RICR-150-15-1.7 - General Application Requirements

Current through June 14, 2024
A.
										§
										1.7 of this Part describes
				  general application requirements and provisions. Specific requirements are
				  described in §§
										1.8 through
				  1.11 of this Part.
1. Application Forms and Their Submission
a. Forms Available: Forms for submitting all
				  applications as set forth in the Act and these Rules are available at the
				  Department, except that applications involving farming activities referred to
				  in R.I. Gen. Laws §
												2-1-22(i)(2) and
				  §
												1.11(D) of
				  this Part herein, are available at the Division of Agriculture and Resource
				  Marketing.
b. Where to Submit: All
				  applications involving freshwater wetlands must be submitted for processing
				  directly to the Freshwater Wetlands Program, except that any applications
				  involving farming activities specifically referred to in R.I. Gen. Laws §
												2-1-22(i)(2) must
				  be submitted directly to the Division of Agriculture and Resource
				  Marketing.
c. What to Submit: It is
				  the responsibility of each applicant to submit a complete application package,
				  including an original application form and any additional supporting
				  information required by the Department. The application must be accompanied by
				  full payment of the application fee (§§
												1.7(A)(10) 
				  and 1.7(A)(11)
				  of this Part).
d. Who May Submit:
				  The applicant must be the owner or owners of the property or easement that is
				  the subject of the application, or it must be the government agency or entity
				  with power of condemnation over such property or easement.
e. Notification of Applicant and Agents: The
				  Department will mail notices and other written communications regarding the
				  application to the applicant and to the applicant's attorney, agent or other
				  representative if, at the time the application is filed, the applicant so
				  informs the Department in writing of his or her name and mailing
				  address.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 1 - Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act › Section 250-RICR-150-15-1.8 - Request for Determination of the Presence of Wetlands, Wetland Edge Verification, or Request for Regulatory Applicability

Current through June 14, 2024
A. Purpose
1. An application may be made to the
				  Department to request a determination regarding:
a. The presence of wetlands on the property
				  which are regulated under the Act (§
												1.8(B) of
				  this Part).
b. The verification of
				  the delineated edge of wetlands on the property (§
												1.8(C) of
				  this Part); or
c. Whether the Rules
				  apply to a proposed project, or not, or confirmation that a project is exempt
				  according to §§
												1.6 and
				  1.8(D) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 1 - Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act › Section 250-RICR-150-15-1.9 - Request for Preliminary Determination

Current through June 14, 2024
A. Purpose and
				  Outcomes
1. A Request for Preliminary
				  Determination application may be submitted to the Department to receive a
				  determination as to whether or not a proposed project represents a significant
				  alteration.
2. The Department's
				  review of a Request for Preliminary Determination may result in one of the
				  following outcomes:
a. Issuance of a permit,
				  with conditions, for an insignificant alteration of freshwater wetlands. §
												1.17 of this Part provides
				  examples of insignificant alterations; or
b. Issuance of a determination, in accordance
				  with R.I. Gen. Laws §
												2-1-22(a), that a
				  significant alteration has been proposed and that a permit may be sought only
				  by filing an Application to Alter a Freshwater Wetland (§
												1.10 of this Part);
				  or
c. Issuance of a determination
				  that a permit is not required, along with conditions deemed necessary to ensure
				  that this remains the case in the future.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 1 - Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act › Section 250-RICR-150-15-1.10 - Application to Alter a Freshwater Wetland

Current through June 14, 2024
A. Purpose
1. In accordance with R.I. Gen. Laws §
											2-1-22(a), an
				  Application to Alter a Freshwater Wetland will be required if a significant
				  alteration is proposed. Such an application is subject to the application
				  procedures and requirements as set forth in R.I. Gen. Laws §
											2-1-22 and these Rules.
2. A significant alteration results from a
				  project that:
a. because of its area, scope
				  or duration, appears to represent more than a minimal change in or modification
				  to the natural characteristics, functions or values of any freshwater wetland;
b. may be detrimental to the basic
				  natural capabilities or values associated with such freshwater wetland; or
c. appears to be random,
				  unnecessary or undesirable.
3. Prior to filing an Application to Alter,
				  an applicant may file a Request for Preliminary Determination to determine
				  whether or not a project appears to represent a significant alteration to
				  freshwater wetlands. The Department recommends that an applicant file a Request
				  for Preliminary Determination prior to filing an Application to Alter, unless
				  the applicant is confident that the project represents a significant alteration
				  to freshwater wetlands.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 1 - Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act › Section 250-RICR-150-15-1.12 - Enforcement

Current through June 14, 2024
A. Enforcement. Pursuant to R.I. Gen. Laws
				  §§
										42-17.1-2 et seq., 42-17.6-1 et
				  seq., 2-1-18 et seq. and the Rules and Regulations for Assessment of
				  Administrative Penalties [Part 130-00-1 of this Title], the Department has the
				  authority to issue enforcement notices, orders or requirements to ensure
				  compliance with the Act and these Rules and to assess administrative penalties.
				  The Department may also provide written or oral warning of its intent to
				  undertake enforcement action, but is not required to do so.
B. Revocation or Suspension of Determination
				  or Permit
1. The Department may revoke or
				  suspend any determination or permit under one or more of the following
				  conditions:
a. The information or data
				  submitted by the applicant or permittee either on the form(s) required or in
				  any other material in support of the application is found to be false,
				  misleading or erroneous;
b. The
				  project is not undertaken in strict compliance with the conditions or
				  provisions of any determination or permit issued by the Department;
				  or
c. The Department is in receipt
				  of reliable information that, without immediate action to suspend or revoke the
				  determination or permit, the project is likely to harm the environment or pose
				  a threat to the health, safety or welfare of the public. In such cases, the
				  Department may issue a summary suspension.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 1 - Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act › Section 250-RICR-150-15-1.13 - Public Access To Records

Current through June 14, 2024
A. Information,
				  forms, or other materials related to the Act, these Rules, and actions taken
				  are available at the Department. Office hours are 8:30 a.m. to 4:00 p.m. daily
				  except Saturdays, Sundays, and state holidays. As appropriate, an appointment
				  during office hours may be scheduled in advance.
B. Access to records on file shall be in
				  accordance with R.I. Gen. Laws §
										38-2-1 et seq. A fee shall be
				  required to cover the costs of copying, and may be required to cover the costs
				  of search and retrieval of documents.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 1 - Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act › Section 250-RICR-150-15-1.14 - Severability

Current through June 14, 2024
If any provision of these Rules or the application thereof
					 to any person or circumstances is held invalid by a court of competent
					 jurisdiction, the validity of the remainder of the Rules shall not be affected
					 thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 1 - Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act › Section 250-RICR-150-15-1.15 - Superseded Rules

Current through June 14, 2024
On the effective date of these Rules, all previous rules,
					 and any policies regarding the administration and enforcement of the Fresh
					 Water Wetlands Act shall be superseded. However, any enforcement action taken
					 by, or application submitted to, the Department prior to the effective date of
					 these Rules shall be governed by the rules in effect at the time the
					 enforcement action was taken, or application filed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 1 - Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act › Section 250-RICR-150-15-1.16 - Effective Date

Current through June 14, 2024
The foregoing "Rules and Regulations Governing the
					 Administration and Enforcement of the Freshwater Wetlands Act" after due
					 notice, are hereby adopted and filed with the Secretary of State this day of,
					 2014 to become effective days thereafter, in accordance with the provisions of
					 R.I. Gen. Laws §
										2-1-20.1, and R.I. Gen. Laws
					 Chapters 42-17.1, 42-17.6, and 42-35, as amended.
Janet Coit, Director
Department of Environmental Management
Notice given on: 5/22/14
Public hearing held on: 6/23/14
Filing date: 6/26/14
Effective date: 7/16/14
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 1 - Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act › Section 250-RICR-150-15-1.17 - Appendix 1: Insignificant Alterations

Current through June 14, 2024
A. In accordance
				  with §
										1.9 of this Part, the
				  Department may issue a permit for projects submitted under a Request for
				  Preliminary Determination Application provided the project represents, in the
				  opinion of the Department, an insignificant alteration. The purpose of this
				  section is to allow applicants and the public to determine with some likelihood
				  what, under normal circumstances, represents an insignificant
				  alteration.
B. The following
				  represent examples of insignificant alterations; however, other types of
				  alterations not described in this §
										1.17 of this Part also may
				  be considered insignificant. In addition, the applicant should be aware that
				  certain circumstances peculiar to specific wetlands, the surrounding area, site
				  conditions, and the project, may result in a determination by the Department
				  that a particular proposal represents a significant alteration and therefore
				  requires filing of an Application to Alter a wetland and a permit from the
				  Department. Therefore, even if a project appears to fit within the examples of
				  insignificant alterations in this §
										1.17 of this Part, approval
				  by the Department cannot be guaranteed. In addition, the proponent of a project
				  that conforms or appears to conform to the examples of insignificant
				  alterations still must seek a permit from the Department through a Request for
				  Preliminary Determination before proceeding with the project. Further, the
				  project must not result in the disturbance or destruction of any rare species
				  or rare wetland type.
C. Examples
				  of insignificant alterations include the following:
1. Construction and installation of a single
				  new dock or single detached floats only where:
a. The dock is supported by floats or piles,
				  extends perpendicular to the shoreline out to, but not exceeding, twenty feet
				  (20'), and does not exceed six feet (6') in width;
b. The float does not exceed one hundred and
				  twenty (120) square feet in area;
c. The installation and placement of the dock
				  or float poses no hazard to boating safety or navigation in any body of water
				  including any pond, river, or stream;
d. The dock or float is placed no closer than
				  twenty feet (20') to any neighboring property line on land or superficially
				  extending over the waterbody;
e.
				  Any new access paths to the dock do not exceed five feet (5') in width, and do
				  not result in fill, road construction, or any other clearing of the wetlands
				  for access;
f. The dock does not
				  extend into or obstruct a floodway; and
g. Pilings or posts permit reasonably
				  unobstructed flow of water.
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-150-15-3.1 - Authority and Purpose

Current through June 14, 2024
A. Authority: These
				  Rules and Regulations (the Rules) are promulgated pursuant to R.I. Gen. Laws
				  §§
										2-1-20.1,
				  42-17.1-1
et
				  seq.
, 42-17.6-1
et seq.,
46-23-6, and in accordance
				  with R.I. Gen. Laws §
										42-35-1
et
				  seq.
B. Purpose: These
				  Rules are promulgated to:
1. Describe the
				  Department's authority to administer and enforce R.I. Gen. Laws §§
											2-1-18 through
				  2-1-27; the Freshwater Wetlands Act
				  (the Act); and
2. Preserve, protect
				  and restore the purity and integrity of all freshwater wetlands, buffers and
				  floodplains in the State of Rhode Island so that these resources shall be
				  available for all beneficial purposes, and thus protect the health, welfare and
				  general well-being of the people and the environment of Rhode Island.
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-150-15-3.3 - Incorporated Materials

Current through June 14, 2024
A. These
				  Regulations hereby adopt and incorporate the "Rare Native Animals of Rhode
				  Island" (2006) prepared by the Department by reference, not including any
				  further editions or amendments thereof and only to the extent that the
				  provisions therein are not inconsistent with these Regulations.
B. These Regulations hereby adopt and
				  incorporate the "Rhode Island Rare Plants" (2016) prepared by the Rhode Island
				  Natural History Survey from R. W. Enser (2007) and the Rhode Island Wildlife
				  Action Plan Appendix 1d (201 5), by reference, not including any further
				  editions or amendments thereof and only to the extent that the provisions
				  therein are not inconsistent with these Regulations.
C. These Regulations hereby adopt and
				  incorporate the U.S. Army Corps of Engineers "National Wetland Plant List:
				  State of Rhode Island Wetland Plant List" (2018) by reference, not including
				  any further editions or amendments thereof and only to the extent that the
				  provisions therein are not inconsistent with these Regulations.
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-150-15-3.5 - Applicability and Regulated Activities

Current through June 14, 2024
3.5.1
General
				  Applicability to Freshwater Wetlands
A.
				  These Rules apply to all freshwater wetlands of the State and other
				  jurisdictional area, as defined herein, except as provided for in §§
				  3.5.3 and 3.5.4 of this Part.
B.
				  For the purpose of these Rules, the following features are not considered
				  freshwater wetlands or freshwater wetlands for farmers conducting normal
				  farming or ranching activities:
1. Bermed
				  spill containment areas;
2.
				  Commercial or industrial ponds created for the purpose of providing cooling
				  water;
3. Concrete or poly-lined
				  ponds;
4. Construction dewatering
				  basins;
5. Ditches which are
				  stormwater channels that do not flow into, flow out of, or connect freshwater
				  wetlands;
6. Ornamental or
				  reflecting pools that are lined and were not created in freshwater
				  wetlands;
7. Puddles which are
				  small, shallow pools of water that form temporarily on pavement or uplands
				  during or immediately after a precipitation event, and that do not contain
				  hydrophytic vegetation or hydric soil typical of freshwater wetlands and do not
				  meet the definition of vernal pool;
8. Stormwater control features excavated,
				  constructed or installed to convey, store, or treat stormwater runoff,
				  including detention basins, retention basins, bio-retention basins,
				  bio-filtration areas, rain gardens, and wet vegetated treatment systems;
9. Wash ponds created for, and
				  that have been in continuous use as part of, an existing or approved mining
				  operation;
10. Lagoons created for
				  the purpose of wastewater treatment; and
11. Ponds created for the purpose of
				  recycling wastewater.
C.
				  Notwithstanding § 3.5.1(B) of this Part, a freshwater wetland permit may
				  be required for construction, modification or removal of any such feature that
				  is located within a jurisdictional area specified in § 3.5.2 of this
				  Part.
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-150-15-3.9 - Request to Determine the Presence of Jurisdictional Area, Request to Verify Freshwater Wetland Edges, or Request for Regulatory Applicability

Current through June 14, 2024
3.9.1
Purpose
A. An application may be made to the
				  Department to request a determination regarding:
1. The presence of jurisdictional area on the
				  property which is regulated under the Act (§ 3.9.2 of this
				  Part).
2. The verification of the
				  delineated edge of freshwater wetlands on the property (§ 3.9.3 of this
				  Part); or
3. Whether the Rules
				  apply to a proposed project, or not, or confirmation that a project is exempt
				  according to §§
												3.6 and 3.9.4 of this
				  Part.
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-150-15-3.10 - General Permits

Current through June 14, 2024
A. The Department
				  may issue a general permit in accordance with the following:
1. Scope. The general permit shall cover
				  projects and activities as described in the permit within a jurisdictional
				  area, as defined herein;
2.
				  Sources. The general permit shall regulate, within the scope described in
				  §
											3.
				  10(A)(1) of this Part, projects or activities that:
a. Involve the same or substantially similar
				  types and areas of alteration and impacts;
b. Occur only within the jurisdictional area
				  identified in the general permit;
c. Involve similar land uses; and
d. In the opinion of the Department, are
				  more appropriately authorized under a general permit than under individual
				  Freshwater Wetlands Permits;
3. The general permit shall define, identify
				  and regulate specific eligible projects or activities that may be proposed
				  within a jurisdictional area;
4.
				  General permits may be issued, modified, revoked, and reissued or terminated by
				  the Department in accordance with applicable requirements of these Rules;
a. Freshwater Wetlands General Permits may be
				  periodically issued, modified or revoked in accordance with requirements of
				  these Rules and following a forty-five (45) day public notice and comment
				  period;
b. The public notice shall
				  be provided to the municipal contacts as identified in accordance with §
				  3.8.11(B) of this Part, and it will also be made available on the Department's
				  web page; and
c. A Freshwater
				  Wetlands General Permit shall be valid for a period of five (5) years. Its
				  renewal shall also be subject to a forty-five (45) day public notice and
				  comment period.
5. An
				  applicant may not proceed under a general permit until an application has been
				  made to the Department and written confirmation has been received that a
				  proposed project or activity is eligible for authorization under the general
				  permit; and
6. The contents of the
				  application shall be specified in the general permit and shall require the
				  submission of information necessary for adequate program implementation,
				  including at a minimum, the legal name and address of the applicant, the
				  location of the project site, and such other information the Director may
				  reasonably require under §
											3.8 of this Part. All
				  applications shall be signed in accordance with § 3.8.3 of this
				  Part.
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-150-15-3.11 - Application for a Freshwater Wetlands Permit

Current through June 14, 2024
3.11.1
Purpose and Outcomes
A. An
				  Application for a Freshwater Wetlands Permit may be submitted to the Department
				  to receive a determination as to whether or not all applicable standards
				  specified in § 3.7.1 of this Part have been met or, if not, whether or not
				  a proposed project may be granted a variance from the standards without the
				  submittal of an Application for a Significant Alteration.
B. The Department's review of an Application
				  for a Freshwater Wetlands Permit may result in one (1) of the following
				  outcomes:
1. Issuance of a permit, with
				  conditions, for alteration of freshwater wetlands including, if applicable,
				  granting of a variance from standards specified in § 3.7.1 of this Part;
				  or
2. Issuance of a determination,
				  in accordance with R.I. Gen. Laws §
												2-1-22(a), that a
				  significant alteration has been proposed and that a permit may be sought only
				  by filing an Application for a Significant Alteration (§
												3.12 of this Part);
				  or
3. Issuance of a determination
				  that a permit is not required, along with conditions deemed necessary to ensure
				  that this remains the case in the future.
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-150-15-3.12 - Application for a Significant Alteration

Current through June 14, 2024
3.12.1
Purpose
A. An Application for a
				  Significant Alteration will be required if a significant alteration is
				  proposed. Such an application is subject to the application procedures and
				  requirements as set forth in R.I. Gen. Laws §
											2-1-22 and within these
				  Rules.
B. A significant alteration
				  results from a project that:
1. Because of
				  its area, scope or duration, appears to represent more than a minimal change in
				  or modification to the natural characteristics, functions or values of any
				  freshwater wetland, buffer, floodplain, area subject to flooding or area
				  subject to storm flowage;
2. May be
				  detrimental to the basic natural capabilities or values associated with such
				  freshwater wetlands, buffers, floodplain, area subject to flooding or area
				  subject to storm flowage; or
3.
				  Appears to be random, unnecessary or undesirable.
C. Prior to filing an Application for a
				  Significant Alteration, an applicant may file an Application for a Freshwater
				  Wetlands Permit to determine whether or not a project appears to represent a
				  significant alteration to freshwater wetlands, buffers, floodplains, areas
				  subject to flooding or areas subject to storm flowage.
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-150-15-3.13 - Application Relating to Farmers

Current through June 14, 2024
3.13.1
Definition of Farmer
A farmer, as defined in these Rules, means an individual,
					 partnership or corporation that operates a farm and has filed a Form 1040F or
					 comparable instrument with the U.S. Internal Revenue Service, has a State of
					 Rhode Island farm tax number, and has earned ten thousand dollars ($10,000.00)
					 gross income on farm products in each of the preceding four (4) years.
3.13.2
Regulated Areas for
				  Certain Farming and Ranching Activities by Farmers
A. The regulated areas for farmers, as
				  defined herein, conducting normal farming and ranching activities or proposing
				  to construct new farm ponds, new farm roads or new drainage structures, as
				  specified in §§ 3.13.3 and 3.13.4 of this Part, shall include the
				  following areas:
1. Freshwater
				  wetlands;
2. Floodplains;
3. Areas subject to storm flowage;
4. Areas subject to flooding;
5. The land area within two hundred feet
				  (200') of a flowing body of water having a width of ten feet (10') or more
				  during normal flow;
6. The area of
				  land within one hundred feet (100') of a flowing body of water having a width
				  of less than ten feet (10') during normal flow;
7. The area of land within fifty feet (50')
				  of a bog, marsh of one (1) acre or greater, swamp of three (3) acres or
				  greater, and pond not less than one quarter (1/4) acre in extent.
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-150-15-3.15 - Enforcement

Current through June 14, 2024
3.15.1
Enforcement
Pursuant to R.I. Gen. Laws §§
											42-17.1-2
et
					 seq
., 42-17.6-1
et seq
., 2-1-18
et
					 seq
. and the Rules and Regulations for Assessment of Administrative
					 Penalties, Part 130-00-1 of this Title, the Department has the authority to
					 issue enforcement notices, orders or requirements to ensure compliance with the
					 Act and these Rules and to assess administrative penalties. The Department may
					 also provide written or oral warning of its intent to undertake enforcement
					 action, but is not required to do so.
3.15.2
Revocation or Suspension of
				  Determination or Permit
A. The
				  Department may revoke or suspend any determination or permit under one
(1) or more of the following conditions:
1. The information or data submitted by the
				  applicant or permittee either on the form(s) required or in any other material
				  in support of the application is found to be false, misleading or
				  erroneous;
2. The project is not
				  undertaken in strict compliance with the conditions or provisions of any
				  determination or permit issued by the Department; or
3. The Department is in receipt of reliable
				  information that, without immediate action to suspend or revoke the
				  determination or permit, the project is likely to harm the environment or pose
				  a threat to the health, safety or welfare of the public. In such cases, the
				  Department may issue a summary suspension.
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-150-15-3.16 - Municipal Petition Process

Current through June 14, 2024
A. A municipality
				  may petition the Department to amend the buffer standard to increase the width
				  of a designated buffer zone protecting one (1) or more freshwater wetland
				  resources within the associated contiguous jurisdictional area. The Municipal
				  Petition shall specify the buffer zone increase requested.
B. A Municipal Petition shall be submitted in
				  writing, and it shall be accompanied by a formal Council Resolution passed by
				  the municipal government.
C.
				  Municipal Petitions must include:
1. A
				  detailed description of the freshwater wetland resource(s) to be
				  protected.
2. The technical
				  justification for the proposed buffer zone increase, including an assessment of
				  the freshwater wetland resources' functions and values that contribute to the
				  need for the buffer zone increase. The assessment may include, but is not
				  limited to, the freshwater wetland size(s), classification, flood protection
				  value, water quality improvement function, plant and wildlife habitat and
				  diversity, the presence of rare plant or animal species, and the freshwater
				  wetland resources' condition. The Municipal Petition shall be bas-ed on Rhode
				  Island-specific information or other relevant data or studies that support the
				  need for the additional buffer zone protection.
3. A map depicting the location of the
				  freshwater wetland resource(s) subject to the increased buffer zone
				  distance.
4. Any additional
				  information that the Director determines is necessary to properly evaluate the
				  Municipal Petition.
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-150-15-3.17 - Public Access to Records

Current through June 14, 2024
A. Information,
				  forms, or other materials related to the Act, these Rules, and actions taken
				  are available at the Department. Office hours are 8:30 a.m. to 4:00 p.m. daily
				  except Saturdays, Sundays, and State holidays. As appropriate, an appointment
				  during office hours may be scheduled in advance.
B. Access to records on file shall be in
				  accordance with R.I. Gen. Laws §
										38-2-1
et seq
. A
				  fee shall be required to cover the costs of copying, and may be required to
				  cover the costs of search and retrieval of documents.
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-150-15-3.18 - Severability

Current through June 14, 2024
If any provision of these Rules or the application thereof
					 to any person or circumstances is held invalid by a court of competent
					 jurisdiction, the validity of the remainder of the Rules shall not be affected
					 thereby.