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-20-00-9.21 - Specific Criteria for Identifying Freshwater Wetland and Floodplain Edges

Current through June 14, 2024
9.21.1
Vegetated Freshwater Wetlands
A.
				  The landward edge of vegetated freshwater wetlands (i.e., bogs; marshes;
				  swamps; emergent wetlands; or similar types, including 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).
B.
				  Hydrophytes/hydrophytic vegetation includes, but is not limited to:
1. Those typical plant species listed in R.I.
				  Gen. Laws §§
												2-1-20(3)"bog",
				  (10) "marsh" and (16) "swamp"; or
2. Those plant species listed as having a
				  wetland indicator status of obligate (OBL) according to the most recent edition
				  of the National Wetland Plant List: State of Rhode Island Wetland Plant List,
				  as prepared by the U.S. Army Corps of Engineers; or
3. Those plant species listed as having a
				  wetland indicator status of facultative wetland (FACW), facultative (FAC) or
				  facultative upland (FACU) according to the National Wetland Plant List: State
				  of Rhode Island, where such plants are present along with other clear
				  hydrologic indicators of wetland.
C. 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 freshwater 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.
D. 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 in §§ 9.21.1(D)(3), (5) and (7) through (9) are valid
				  indicators only when at least one (1) additional hydrologic indicator is
				  present.)
1. 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.
2. Visual observation of
				  soil saturation within twelve inches (12") of the soil surface (considering
				  both seasonal and recent weather conditions);
3. Distinct water marks on vegetation or
				  other fixed objects;
4. Sulfitic
				  materials (H2S - rotten egg odor) within twelve inches (12") of the soil
				  surface;
5. Mound and pool
				  microtopography;
6. Patches of peat
				  mosses (Sphagnum spp.)
7. Soil
				  morphologic evidence of recent or periodic flooding (e.g., stratification
				  associated with flood plains);
8.
				  Visual observation of surface inundation (considering both seasonal and recent
				  weather conditions);
9. Dark or
				  water-stained leaves on the ground surface;
10. Drift or wrack lines of water-borne
				  materials;
11. Wetland drainage
				  features or patterns such as scoured channels;
12. Morphological plant adaptations (e.g.,
				  buttressed trees trunks, adventitious roots, exposed or shallow root systems);
13. Distinct or prominent pore
				  linings (oxidized rhizopheres) along live roots within twelve inches (12") of
				  the soil surface.
E. For
				  purposes of locating and identifying the edge of vegetated freshwater 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, and Regional Supplement to the Corps of
				  Engineers Wetlands Delineation Manual Northcentral and Northeast Region, 2012,
				  prepared by the U.S. Army Corps of Engineers, Technical Report 12-0 ERDC/EL
				  under the following conditions:
1. The use of
				  this methodology is intended to facilitate the location and identification of
				  the edge of "vegetated" freshwater wetlands, but must not be interpreted as
				  redefining freshwater wetlands regulated under the Act and these
				  Rules.
2. All edge locations and
				  delineations are subject to the CRMC's review and acceptance under the
				  procedures set forth in § 9.9.2 of this Part for requests to determine the
				  presence of jurisdictional area. Accordingly, all requests to verify the edge
				  of these types of freshwater wetlands will require on-site inspection and
				  analysis.
3. 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.