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-20-00-2.4 - Definitions (formerly Section 4.00)

Current through June 14, 2024
A. For the purposes
				  of this Part the following terms shall have the following meanings:
1. "Accessory structure" means a structure
				  that has an ancillary or supplementary function to the main use of the
				  property. Accessory structures include amateur radio towers; flag poles; swing
				  sets; slides; decks; patios; gardens; sheds; in-ground or above-ground swimming
				  pools; fences that do not span or obstruct public access to rivers, streams,
				  and other waterbodies (along and within boundaries or areas such as existing
				  home lawns and driveways); treehouses; drinking water wells with a volume of
				  withdrawal no greater than 500 gallons a day; walls; stairs; walks; and
				  pervious driveways.
2. "Act" means
				  the Fresh Water Wetlands Act as set forth in R.I. Gen. Laws §§
											2-1-18 through
				  2-1-25, inclusive, as from time to
				  time amended.
3. "Alter" and
				  "Alteration" means to change (act of changing) the character of a freshwater
				  wetland as a result of activities within or outside of the wetland. Such
				  activities include but are not limited to the following: Excavating; draining;
				  filling; placing trash, garbage, sewage, road runoff, drainage ditch effluent,
				  earth, rock, borrow, gravel, sand, clay, peat, or other materials or effluents
				  upon; diverting water flows into or out of; diking; damming; diverting;
				  clearing; grading; constructing in; adding to or taking from; or other
				  activities that individually or cumulatively change the character of any
				  freshwater wetland.
4. "Aquatic
				  base flow" or "ABF" means minimum river or stream flow conditions necessary to
				  sustain indigenous aquatic fauna and flora, determined as follows:
a. Where a minimum of twenty-five (25) years
				  of U.S. Geological Survey gauging records exist on a river or stream that is
				  basically free-flowing, the ABF for all times of the year shall be equivalent
				  to at least the median August flow for the period of record unless spawning and
				  incubation requirements exceed the median August flow; or
b. Where a river or stream lacks adequate
				  flow data, or where it is regulated by a dam or upstream diversion, the ABF
				  shall be at least 0.5 cubic feet per second per square mile (cfsm) of drainage,
				  unless spawning and incubation requirements exceed this minimum; or
c. Where concerns exist regarding spawning
				  and incubation flow requirements, the ABF shall be 1.0 cfsm in October/November
				  and 4.0 cfsm in April/May for the entire applicable spawning and incubation
				  periods of aquatic fauna; or
d.
				  Where a specific in-stream flow study identifies an ABF based upon the specific
				  needs of aquatic fauna or flora, the ABF shall conform to the results of that
				  study, provided the ABF is approved by the DEM.
e. Where the DEM issues a more specific
				  policy, aquatic base flow shall conform to the requirements of that
				  policy.
5. "Area of land
				  within fifty feet" or "Perimeter wetland" means a freshwater wetland consisting
				  of the area of land within fifty feet (50') of the edge of any freshwater
				  wetland consisting in part, or in whole, of a bog, marsh, swamp or pond, as
				  defined by these Rules. For purposes of identification, this area shall be
				  measured horizontally, without regard for topography, from the edge of such a
				  wetland.
6. "Area subject to
				  flooding" or "ASF" means, but not be limited to, flood plains, depressions or
				  low-lying areas flooded by rivers, streams, intermittent streams, or areas
				  subject to storm flowage which collect, hold or meter out storm and flood
				  waters.
7. "Area subject to storm
				  flowage" or "ASSF" means drainage swales and channels that lead into, out of,
				  pass through or connect other freshwater wetlands or coastal wetlands, and that
				  carry flows resulting from storm events, but may remain relatively dry at other
				  times.
8. "Best management
				  practices" or "BMPs" means generally accepted practices, procedures and
				  management techniques that include, but are not limited to, schedules of
				  activities, prohibitions, maintenance procedures, structural and non-structural
				  methods, and other management approaches to prevent or minimize any reduction
				  of the functions and values associated with freshwater wetlands.
9. "Bog" means, consistent R.I. Gen. Laws
				  §
											2-1-20(1), a place
				  where standing or slowly running water shall be near or at the surface during a
				  normal growing season and/or where a vegetational community shall have over
				  fifty percent (50%) of the ground or water surface covered with sphagnum moss
				  (Sphagnum) and/or where the vegetational community shall be made up of one or
				  more of, but not limited to nor necessarily including all of the following:
				  blueberries and cranberries (Vaccinium), leatherleaf (Chamaedaphne calyculata),
				  pitcher plant (Sarracenia purpurea), sundews (Drosera), orchids (Orchidaceae),
				  white cedar (Chamaecyparis thyoides), red maple (Acer rubrum), black spruce
				  (Picea mariana), bog aster (Aster nemoralis), larch (Larix laricina), bog
				  rosemary (Andromeda glaucophylla), azaleas (Rhododendron), laurels (Kalmia),
				  sedges (Carex), bog cotton (Eriophorum).
10. "Buffer zone" means an area of
				  undeveloped vegetated land retained in its natural undisturbed condition, or
				  created to resemble a naturally occurring vegetated area that mitigates the
				  negative impact of human activities on wetland functions and values.
11. "Coastal feature" means any coastal
				  beach; barrier island or spit; dune; coastal wetland; coastal headland, bluff
				  or cliff; rocky shore, or; manmade shoreline, as defined in Part 1 of this
				  Subchapter.
12. "Coastal resources
				  management program" or "CRMP" means the coastal zone management program adopted
				  by the state of Rhode Island in accordance with R.I. Gen. Laws Chapter 46-23
				  and approved under the federal Coastal Zone Management Act of 1972
				  (16 U.S.C. §§
												1451 through
				  1464).
13. "Completed application" means any
				  application that in the opinion of the CRMC provides all of the requisite
				  information necessary to process the application in accordance with R.I. Gen.
				  Laws §
											2-1-22(a), these
				  Rules, and the CRMC Management Procedures. For public notice purposes relating
				  to an application to alter, the criteria for a completed application are set
				  forth in §§
											2.10(B) and
				  (C) of this Part.
14. "Council" or "CRMC" means the Rhode
				  Island Coastal Resources Management Council.
15. "CRMC regulations" means the "Rules and
				  Regulations Governing the Protection and Management of Freshwater Wetlands in
				  the Vicinity of the Coast" adopted by the Coastal Resources Management Council
				  pursuant to R.I. Gen. Laws §
											46-23-6.
16. "Cumulative impact" means the combined
				  impact on the wetland environment and its functions and values which may result
				  from past, present and future alterations to the same wetland system,
				  regardless of what agency or person undertakes such alterations.
17. "Dam" and "Damming" means any barrier
				  made by humans, including appurtenant works that impounds or diverts surface
				  water. To impound water by means of a dam.
18. "Department" or "DEM" means the
				  Department of Environmental Management.
19. "Detention facility" means a basin,
				  depression, or other artificial structure excavated, constructed, or installed
				  to intercept and temporarily store surface runoff and release the stored water
				  at a controlled rate.
20. "Dike"
				  means a berm or structure that impedes, redirects, diverts, or otherwise
				  controls the flow or elevation of water.
21. "Director" means the Executive Director
				  of the Coastal Resources Management Council or his or her duly authorized agent
				  or agents and may be used interchangeably with CRMC or Council as
				  appropriate.
22. "Drain" means to
				  lower the surface water or groundwater elevation, either temporarily or on a
				  permanent basis.
23. "Edge" means
				  the line of intersection or division between:
a. Any swamp, marsh, pond, bog, or wetland
				  complex containing these wetland types and that area of land within fifty feet
				  (50') (i.e., perimeter wetland) of these wetland types;
b. Any flowing body of water and its
				  associated riverbank wetland; or
c.
				  Any wetland other than those listed above and any adjacent non-wetland
				  area.
d. The edge of wetlands shall
				  be identified according to those procedures set forth in §
												2.18 of this Part (Appendix
				  2).
24. "Emergent plant
				  community" means a wetland characterized by erect, rooted, herbaceous
				  hydrophytic vegetation that is present for most of the growing season in most
				  years, and that may be persistent or non-persistent in nature.
25. "Excavate" means to dig into, cut,
				  quarry, uncover, remove, displace, relocate, or grade any earth, soil, sand,
				  gravel, rock, peat, organic, inorganic or any other similar material.
26. "Existing" means:
a. a condition that was present as of the
				  enactment of the Act or its applicable amendments and that has continually
				  remained in the same condition; or
b. a condition that is present and was
				  approved under the Act or its applicable amendments; or
c. a condition that has naturally occurred
				  and is currently present.
27. "Facultative wildlife species" means
				  wildlife that utilize wetlands as habitat, but generally do not require
				  wetlands for survival or reproduction.
28. "Farmer/Qualified farmer" (herein after
				  Farmer) 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) gross income on farm products in each of the
				  preceding four (4) years.
29.
				  "Feasible" means capable of being done, executed, accomplished or brought about
				  by engineering standards.
30.
				  "Fill" means dirt, soil, stones, gravel, sand, sediment, tree stumps, brush,
				  leaves, solid waste, debris, garbage, trash, grass clippings, pollutants, or
				  any other material, substance, or structure placed in a freshwater wetland; or
				  any action that places such material in a freshwater wetland.
31. "Flood plain" means as defined in R.I.
				  Gen. Laws §
											2-1-20(3), that
				  land area adjacent to a river or stream or other flowing body of water that is,
				  on average, likely to be covered with flood waters resulting from a one hundred
				  (100) year frequency storm. A storm of this nature is one that is to be
				  expected to be equaled or exceeded once in one hundred (100) years, and hence
				  may be said to have a one percent (1%) probability of being equaled or exceeded
				  in any given year. Rainfall intensity data for such a storm are those
				  established for New England locations by the National Weather Service (formerly
				  the U.S. Weather Bureau).
32.
				  "Floodway" means the channel of a river or stream and any immediately adjacent
				  areas that must be kept free of encroachment to allow one hundred (100) year
				  flood waters to be carried without increase in flood heights or flows and
				  without endangering life or property.
33. "Flowing body of water" means any river,
				  stream, or intermittent stream that flows long enough during the year to
				  develop and maintain defined channels, and generally has flowing water at times
				  other than those periods immediately following storm events. Such watercourses
				  have defined banks, a bed, and maintain visible evidence of flow or continued
				  reoccurrence of flowing water.
34.
				  "Forested wetland" means a freshwater wetland dominated by woody plants (trees)
				  greater than twenty feet (20') tall.
35. "Freshwater wetland" means, consistent
				  with R.I. Gen. Laws §
											2-1-20(4),
				  freshwater wetland includes:
a. A bog, flood
				  plain, pond, marsh, riverbank, swamp, river, area of land within fifty feet
				  (50'), area(s) subject to flooding, area(s) subject to storm flowage, floodway,
				  flowing body of water, stream, intermittent stream, perimeter wetland,
				  submergent and emergent plant communities, special aquatic sites, shrub and
				  forested wetland or any combination thereof;
b. Those areas that are inundated or
				  saturated by surface or groundwater at a frequency and duration sufficient to
				  support, and that under normal circumstances do support, a prevalence of
				  vegetation typically adapted for life in saturated soil conditions;
				  or
c. Any or all wetlands created
				  as part of, or the result of, any activity permitted or directed by the
				  Department after July 16, 1971 or the CRMC after August 18, 1999 including, but
				  not limited to: restored wetlands; value replacement wetlands created to
				  compensate for wetland loss such as flood plain excavations; and any wetlands
				  created, altered or modified after July 16, 1971.
36. "Freshwater wetlands in the vicinity of
				  the Coast" means, consistent with the R.I. Gen. Laws §
											46-23-6, freshwater wetlands
				  seaward of the jurisdictional boundary that are regulated by the Coastal
				  Resources Management Council in accordance with the "Rules and Regulations
				  Governing the Protection and Management of Freshwater Wetlands in the Vicinity
				  of the Coast."
37. "Growing season"
				  means the period from April 1 to November 15 of any calendar year.
38. "Hydrophyte/Hydrophytic vegetation" means
				  a plant or plant life that grows in water, or in or on a substrate that is at
				  least periodically deficient in oxygen as a result of excessive water
				  content.
39. "Insignificant
				  alteration" means in the opinion of the Department, a proposed alteration,
				  limited in scope, area or duration, which appears to result in no more than a
				  minimal change or modification to the characteristics, functions or values of
				  any freshwater wetland(s), and is not random, unnecessary or
				  undesirable.
40. "In the vicinity
				  of the coast" means those areas designated on maps under the jurisdiction of
				  the CRMC and subject to these Rules and Regulations.
41. "Invasive species" means an alien species
				  whose introduction does or is likely to cause economic or environmental harm,
				  or harm to human health.
42.
				  "Jurisdictional boundary" means the line determined by the Department and the
				  Coastal Resources Management Council, pursuant to R.I. Gen. Laws §
											46-23-6, that designates areas of
				  freshwater wetland jurisdiction. The jurisdictional boundary is depicted on
				  original maps dated June 1997, revised April 2001 (effective September 2001)
				  and June 2007, and maintained on file at the Department and the Coastal
				  Resources Management Council.
43.
				  "Lentic" means a habitat or ecosystem characterized by standing
				  water.
44. "Lotic" means a habitat
				  or ecosystem characterized by flowing water.
45. "Low-flow period" means under normal
				  conditions, the period from July 1 to October 31 of any calendar
				  year.
46. "Low hazard dam" means a
				  dam where failure or misoperation results in no probable loss of human life and
				  low economic losses.
47.
				  "Management procedures" means the definitions and procedures adopted by the
				  CRMC in accordance with R.I. Gen. Laws Chapter 42-35 and contained in the State
				  of Rhode Island Coastal Resources Management Council Management
				  Procedures.
48. "Marsh" means,
				  consistent with R.I. Gen. Laws §
											2-1-20(5), a place
				  not less than one (1) acre in extent wholly or partly within the State of Rhode
				  Island where a vegetational community shall exist in standing or running water
				  during the growing season and/or shall be made up of one or more of, but not
				  limited to nor necessarily including all of the following plants or groups of
				  plants: hydrophytic reeds (Phragmites), grasses (Gramineae), mannagrasses
				  (Glyceria), cutgrasses (Leersia), pickerelweeds (Pontederiaceae), sedges
				  (Cyperaceae), rushes (Juncaceae), cattails (Typha), water plantains
				  (Alismataceae), burreeds (Sparganiaceae), pondweeds (Zosteraceae), frog's bits
				  (Hydrocharitaceae), arums (Araceae), duckweeds (Lemnaceae), water lilies
				  (Nymphaeaceae), water-milfoils (Haloragaceae), water-starworts
				  (Callitrichaceae), bladderworts (Utricularia), pipeworts (Eriocaulon), sweet
				  gale (Myrica gale), buttonbush (Cephalanthus occidentalis).
49. "Mitigate" or "Mitigation" means a
				  process undertaken by single or cumulative actions to avoid or lessen the
				  damaging effects of human activities upon freshwater wetlands and the functions
				  and values that they provide prior to, during, or after the completion of any
				  project.
50. "Near or at the
				  surface" means, as defined in R.I. Gen. Laws §
											2-1-20(6), within
				  thirty-six inches (36") of the surface.
51. "Normal farming and ranching activities"
				  means, consistent with R.I. Gen. Laws §
											2-1-22(i)(1),
				  projects and activities carried out by farmers, including plowing, seeding,
				  cultivating, land clearing for routine agriculture purposes, harvesting of
				  agricultural products, pumping of existing farm ponds for agricultural
				  purposes, upland soil and water conservation practices, and maintenance of
				  existing farm drainage structures, existing farm ponds and existing farm roads,
				  and any other activity determined by the Division of Agriculture to constitute
				  a normal farming activity.
52.
				  "Obligate wildlife species" means wildlife that depend upon freshwater wetlands
				  for all or part of their life cycle.
53. "Open standing water" means surface water
				  areas that are not dominated by persistent vegetative cover, specifically,
				  where less than fifty percent (50%) of the water body surface is covered by
				  persistent emergent vegetation, shrubs, or trees either as a single life form
				  or in the aggregate.
54. "Perimeter
				  wetland" means (See the definition of Area of Land within Fifty Feet (50'),
				  §
											2.4(A)(5) of
				  this Part).
55. "Permit" means an
				  authorization in the form of a document issued and signed by the CRMC, allowing
				  the alteration of freshwater wetlands subject to specific terms and
				  conditions.
56. "Person" means any
				  individual; corporation; partnership; public utility; nonprofit organization;
				  trust; unincorporated association; federal, state, county or local government,
				  or any agency or subdivision thereof; or any other entity; or any combination
				  of the foregoing.
57. "Pollutant"
				  means any dredged material; solid waste; incinerator residue; sewage; garbage;
				  sewage sludge; sediment; filter backwash; munitions; chemical wastes;
				  biological materials; radioactive materials; heat; wrecked or discarded
				  equipment; rock; sand; dirt; industrial or municipal or agricultural wastes or
				  effluent; petroleum or petroleum products including but not limited to oil; or
				  any material which will likely alter any one or more of the following: the
				  aesthetic, physical, chemical, biological or radiological characteristics or
				  integrity of any freshwater wetland.
58. "Pollution" means the human-made or
				  human-induced alteration of the aesthetic, physical, chemical, biological or
				  radiological characteristics or integrity of any freshwater wetland as a result
				  of the introduction of any pollutant to any freshwater wetland.
59. "Pond" means, consistent with R.I. Gen.
				  Laws §
											2-1-20(7), a place
				  not less than one-quarter (1/4) acre in extent, natural or manmade, wholly or
				  partly within the State of Rhode Island, where open standing or slowly moving
				  water shall be present for at least six (6) months a year.
60. "Project" - for the purpose of the Rules,
				  the term project also indicates activities.
61. "Random, unnecessary, or undesirable
				  alteration" means:
a. A random alteration is
				  any alteration to freshwater wetlands for which the applicant does not specify
				  in the application the entire project proposed or contemplated by the applicant
				  or in which the purpose of the alteration cannot be determined.
b. An alteration is unnecessary unless it is
				  essential, vital, or indispensable to the project and cannot be avoided by
				  exhausting all other non-wetland alternatives.
c. An undesirable alteration is any
				  alteration to freshwater wetlands that individually or cumulatively may reduce
				  or degrade any freshwater wetland functions and values as set forth herein,
				  which does not avoid and minimize to the maximum extent possible any damaging
				  effects on wetland functions and values, or does not satisfy the review
				  criteria in §
												2.10(E) of
				  this Part.
62. "Rare"
				  means when used in the context of species or freshwater wetland types, those
				  invertebrate and vertebrate animals or plant species or those freshwater
				  wetland types that are listed as threatened, endangered, of special interest or
				  of special concern under the Department's Rhode Island Natural Heritage
				  Program; by the Department's Division of Fish and Wildlife; or under the
				  federal Endangered Species Act.
63.
				  "Recreational activities" means activities that include but are not limited to
				  the following: education or nature studies, hunting, fishing, boating,
				  canoeing, camping, trapping, water-skiing, swimming, ice skating, hiking, bird
				  watching or other wildlife observations, photography, cross-country skiing,
				  harvesting of natural foods or plant materials, and visual/esthetic
				  appreciation of natural wetland environments as a whole or in part.
64. "Restoration" means the result of actions
				  that, in the opinion of the CRMC, reinstate or will reinstate, insofar as
				  possible, the functions and values of a wetland that has been
				  altered.
65. "Retention facility"
				  means a basin, depression, or other artificial structure excavated,
				  constructed, or installed to hold stormwater flows or runoff.
66. "R.I. Gen. Laws" means the Rhode Island
				  General Laws of 1956, as from time to time amended.
67. "River" means, as defined in R.I. Gen.
				  Laws §
											2-1-20(8), a body
				  of water that is designated as a perennial stream by the United States
				  Department of Interior Geologic Survey on 7.5-minute series topographic maps,
				  and that is not a pond.
68.
				  "Riverbank" means, as defined in R.I. Gen. Laws §
											2-1-20(9), that
				  area of land within two hundred feet (200') of the edge of any flowing body of
				  water having a width of ten feet (10') or more, and that area of land within
				  one hundred feet (100') of the edge of any flowing body of water having a width
				  of less than ten feet (10') during normal flow.
69. "Rules" means these Rules and
				  Regulations, which govern the administration and enforcement of the Act as
				  applied to freshwater wetlands in the vicinity of the coast. Unless otherwise
				  expressly stated, any reference herein to the Rules incorporates the relevant
				  provisions of the Act.
70. "SAMP"
				  means a Special Area Management Plan adopted by the CRMC.
71. "Sediment" means any organic or inorganic
				  material that is in suspension, has been deposited, is being transported, or
				  has been moved from its site of origin by natural or human action.
72. "Sediment facility" means any basin,
				  depression or other artificial structure excavated, constructed or installed to
				  retain sediment or debris, and prevent sediment or debris from entering any
				  freshwater wetlands.
73. "Selective
				  cut/cutting" means the cutting of trees or the mowing or cutting of shrubs or
				  emergent vegetation which would result in:
a.
				  At least sixty percent (60%) stocking of trees remaining in any forested
				  wetland. Stocking shall be based upon the applicable northeastern tree stocking
				  guide for the dominant tree type within the forested wetland;
b. At least seventy-five percent (75%) crown
				  cover of shrubs remaining within any shrub or forested wetland;
c. At least eighty percent (80%) cover
				  remaining in any emergent community.
74. "Setback" means the minimum distance from
				  the edge of a freshwater wetland at which an approved activity or alteration
				  may take place.
75. "Shrub wetland"
				  means a freshwater wetland dominated by woody plants less than twenty feet
				  (20') tall.
76. "Significant
				  alteration" means in the opinion of the CRMC, a proposed project which by its
				  area, scope or duration, appears to represent more than a minimal change or
				  modification to the characteristics, functions or values of any freshwater
				  wetland(s); may be detrimental to the basic natural capabilities or values
				  associated with any freshwater wetland(s); or appears to be random, unnecessary
				  or undesirable.
77. "Special
				  aquatic site" means a body of open standing water, either natural or
				  artificial, which does not meet the definition of pond, but which is capable of
				  supporting and providing habitat for aquatic life forms, as documented by the:
a. Presence of standing water during most
				  years, as documented on site or by aerial photographs; and
b. Presence of habitat features necessary to
				  support aquatic life forms of obligate wildlife species, or the presence of or
				  evidence of, or use by aquatic life forms of obligate wildlife species
				  (excluding biting flies).
78. "Standing water" means non-flowing water
				  of any depth lying on the ground surface.
79. "Stream/Intermittent stream" means any
				  flowing body of water or watercourse other than a river that flows long enough
				  each year to develop and maintain a defined channel. Such watercourses may
				  carry groundwater discharge or surface runoff. Such watercourses may not have
				  flowing water during extended dry periods but may contain isolated pools or
				  standing water.
80. "Submergent
				  plant community" means a freshwater wetland characterized by plants that grow
				  principally below the surface of the water for most of the growing season.
				  Submergent plants are either attached to the substrate or float freely in the
				  water.
81. "Substantial alteration
				  of a dam" means, consistent with the Rules and Regulations for Dam Safety
				  (250-RICR- 130-05-1), any physical modification to a dam that results in a
				  permanent change in the water elevation of the reservoir or impoundment or in
				  water flow downstream of the dam.
82. "Surface water" means water lying on the
				  substrate or soil surface, regardless of depth.
83. "Swamp" means, consistent with R.I. Gen.
				  Laws §
											2-1-20(10), a
				  place not less than three (3) acres in extent wholly or partly within the State
				  of Rhode Island where groundwater shall be near or at the surface of the ground
				  for a significant part of the growing season, or where runoff water from
				  surface drainage shall collect frequently, and/or where a vegetational
				  community shall be made up of a significant portion of one or more of, but not
				  limited to nor necessarily including all of the following: red maple (Acer
				  rubrum), elm (Ulmus americana), black spruce (Picea mariana), white cedar
				  (Chamaecyparis thyoides), ashes (Fraxinus), poison sumac (Rhus vernix), larch
				  (Larix laricina), spice bush (Lindera benzoin), alders (Alnus), skunk cabbage
				  (Symplocarpus foetidus), hellebore (Veratrum viride), hemlock (Tsuga
				  canadensis), sphagnums (Sphagnum), azaleas (Rhododendron), black alder (Ilex
				  verticillata), coast pepperbush (Clethra alnifolia), marsh marigold (Caltha
				  palustris), blueberries (Vaccinium), buttonbush (Cephalanthus occidentalis),
				  willow (Salicaceae), water willow (Decodon verticillatus), tupelo (Nyssa
				  sylvatica), laurels (Kalmia), swamp white oak (Quercus bicolor), or species
				  indicative of marsh. For purposes of this definition, "significant part of the
				  growing season" means that period of the growing season when water is present
				  long enough to support a plant community of predominantly hydrophytic
				  vegetation.
84. "Terms and
				  conditions" means any requirements specified by the CRMC which it deems
				  necessary to prevent any authorized or permitted project or activity from
				  reducing the functions and values associated with any freshwater wetland;
				  prevent any significant alteration which is not authorized; prevent the
				  destruction of any freshwater wetland or portion thereof; or protect the
				  health, welfare, and general well-being of the public. These terms and
				  conditions may include without limitation the following:
a. Soil stability, including prevention of
				  erosion and deposition of sediment in any freshwater wetland;
b. Flood prevention;
c. Protection of wildlife and wildlife
				  habitat and its functions and values;
d. Preservation of recreational activities
				  and values;
e. Protection of water
				  quality;
f. Development and
				  maintenance of mitigative features;
g. Limitation on time for
				  completion;
h. Statutory or
				  regulatory requirements and limitations;
i. Construction phasing; and
j. Monitoring and reporting for compliance
				  and enforcement.
85.
				  "Utility" means any electricity, water, sewer, gas, oil or communication
				  transmission line or pipe.
86.
				  "Water quality improvement project" means a project whose sole purpose is to
				  eliminate or correct those ongoing activities or problems that cause or
				  contribute to water quality degradation.
87. "Width during normal flow" means the
				  distance between the opposite edges of the flow channel of a river, stream, or
				  intermittent stream, as determined by the criteria set forth in §
											2.18(C) of
				  this Part.
88. "Wildlife" means
				  any vertebrate or invertebrate animal species which may reproduce in, rest in,
				  feed in, or otherwise utilize any freshwater wetland regulated by these
				  Rules.
89. "Wildlife habitat" means
				  those freshwater wetlands that provide breeding, nursery, resting, travel or
				  feeding areas for birds, fish, reptiles, mammals, amphibians, or invertebrates,
				  as well as the biotic and abiotic characteristics of freshwater wetlands that
				  may provide food, cover, breeding sites, or other support systems for these
				  life forms.
90. "Wildlife habitat
				  project" means a project whose sole purpose is to create, restore or enhance
				  wildlife habitat.